Activities of Tomáš ZDECHOVSKÝ
Plenary speeches (15)
War in the Gaza Strip and the situation in the Middle-East (debate)
Signing of acts adopted in accordance with the ordinary legislative procedure (Rule 81)
The rise of religious intolerance in Europe (continuation of debate)
General budget of the European Union for the financial year 2025 – all sections (debate)
State sponsored terrorism by the Islamic Republic of Iran in light of the recent attacks in Europe (debate)
Presentation of the Court of Auditors' annual report 2023 (debate)
Deplorable escalation of violence around the football match in the Netherlands and the unacceptable attacks against Israeli football fans (debate)
Reinforcing EU’s unwavering support to Ukraine against Russia’s war of aggression and the increasing military cooperation between North Korea and Russia (debate)
2025 budgetary procedure: Joint text (debate)
Continued escalation in the Middle East: the humanitarian crisis in Gaza and the West Bank, UNRWA’s essential role in the region, the need to release all hostages and the recent ICC arrest warrants (debate)
Foreign interference and espionage by third country actors in European universities (debate)
11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
Human rights situation in Kyrgyzstan, in particular the case of Temirlan Sultanbekov
Need to update the European strategy for the rights of persons with disabilities (debate)
Shadow reports (1)
SECOND REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section II – European Council and Council
Institutional motions (19)
MOTION FOR A RESOLUTION the case of José Daniel Ferrer García in Cuba
MOTION FOR A RESOLUTION The severe situation of political prisoners in Belarus
MOTION FOR A RESOLUTION The deteriorating situation of women in Afghanistan due to the recent adoption of the law on the “Promotion of Virtue and Prevention of Vice”
MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
JOINT MOTION FOR A RESOLUTION on the severe situation of political prisoners in Belarus
JOINT MOTION FOR A RESOLUTION on the deteriorating situation of women in Afghanistan due to the recent adoption of the law on the “Promotion of Virtue and Prevention of Vice”
JOINT MOTION FOR A RESOLUTION on the case of José Daniel Ferrer García in Cuba
MOTION FOR A RESOLUTION on the cases of unjustly imprisoned Uyghurs in China, notably Ilham Tohti and Gulshan Abbas
MOTION FOR A RESOLUTION the case of Bülent Mumay in Türkiye
MOTION FOR A RESOLUTION Iraq, notably the situation of women’s rights and the recent proposal to amend the Personal Status Law
JOINT MOTION FOR A RESOLUTION on the cases of unjustly imprisoned Uyghurs in China, notably Ilham Tohti and Gulshan Abbas
JOINT MOTION FOR A RESOLUTION on the case of Bülent Mumay in Türkiye
JOINT MOTION FOR A RESOLUTION on Iraq, notably the situation of women’s rights and the recent proposal to amend the Personal Status Law
MOTION FOR A RESOLUTION Continued repression of civil society and independent media in Azerbaijan and the cases of Dr Gubad Ibadoghlu, Anar Mammadli, Kamran Mammadli, Rufat Safarov and Meydan TV
MOTION FOR A RESOLUTION 11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
MOTION FOR A RESOLUTION on Human rights situation in Kyrgyzstan, in particular the case of Temirlan Sultanbekov
JOINT MOTION FOR A RESOLUTION on the human rights situation in Kyrgyzstan, in particular the case of Temirlan Sultanbekov
JOINT MOTION FOR A RESOLUTION on the 11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
JOINT MOTION FOR A RESOLUTION on the continued repression of civil society and independent media in Azerbaijan and the cases of Dr Gubad Ibadoghlu, Anar Mammadli, Kamran Mammadli, Rufat Safarov and Meydan TV
Written explanations (14)
Numerical strength of interparliamentary delegations
Delegace představují jeden z hlavních pilířů mezinárodních vztahů EU s ostatními státy. Jsou také důležitým nástrojem pro prosazování hodnot a zájmů Evropské unie, jako je demokracie, lidská práva a právní stát. Správně nastavené početní složení delegací zajišťuje, aby byly delegace vyvážené a schopné efektivně reprezentovat rozmanité zájmy členských států EU. Tím je umožněno efektivní a harmonické prosazování společné politiky a dosažení cílů Evropské unie na globální úrovni. Proto je schválení tohoto složení nezbytné pro zajištění fungování meziparlamentních vztahů.
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for carbendazim and thiophanate‐methyl
Hlasoval jsem pro námitky, protože ochrana zdraví lidí a životního prostředí musí být na prvním místě. Tyto pesticidy a fungicidy jsou v EU zakázané již deset let a jejich návrat, byť v omezeném množství, představuje krok zpět. Návrh Komise by povolil jejich používání pro některé plodiny a současně by umožnil dovoz produktů s určitými odchylkami, což by podkopalo konkurenceschopnost našich zemědělců. Případ thiaclopridu ukázal, že Komise dokáže přijít s přísnějšími pravidly, když jí to Parlament jasně sdělí. Nechceme regulaci, která je lepší než před deseti lety, ale stále nedostatečná. Evropské zemědělství si zaslouží férové podmínky, stejně jako my všichni máme právo na bezpečné potraviny a zdravé prostředí. Proto jsem hlasoval pro námitky – abychom vyslali jasný signál, že chceme přísnější a důslednější pravidla.
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for cyproconazole
Hlasoval jsem pro námitky, protože ochrana zdraví lidí a životního prostředí musí být na prvním místě. Tyto pesticidy a fungicidy jsou v EU zakázány již deset let a jejich návrat, byť v omezeném množství, představuje krok zpět. Návrh Komise by povolil jejich používání pro některé plodiny a současně by umožnil dovoz produktů s určitými odchylkami, což by podkopalo konkurenceschopnost našich zemědělců. Případ thiaclopridu ukázal, že Komise dokáže přijít s přísnějšími pravidly, když jí to Parlament jasně sdělí. Nechceme regulaci, která je lepší než před deseti lety, ale stále nedostatečná. Evropské zemědělství si zaslouží férové podmínky, stejně jako my všichni máme právo na bezpečné potraviny a zdravé prostředí. Proto jsem hlasoval pro námitky – abychom vyslali jasný signál, že chceme přísnější a důslednější pravidla.
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for carbendazim and thiophanate‐methyl
Hlasoval jsem pro námitky, protože ochrana zdraví lidí a životního prostředí musí být na prvním místě. Tyto pesticidy a fungicidy jsou v EU zakázané již deset let a jejich návrat, byť v omezeném množství, představuje krok zpět. Návrh Komise by povolil jejich používání pro některé plodiny a současně by umožnil dovoz produktů s určitými odchylkami, což by podkopalo konkurenceschopnost našich zemědělců. Případ thiaclopridu ukázal, že Komise dokáže přijít s přísnějšími pravidly, když jí to Parlament jasně sdělí. Nechceme regulaci, která je lepší než před deseti lety, ale stále nedostatečná. Evropské zemědělství si zaslouží férové podmínky, stejně jako my všichni máme právo na bezpečné potraviny a zdravé prostředí. Proto jsem hlasoval pro námitky – abychom vyslali jasný signál, že chceme přísnější a důslednější pravidla.
Objection pursuant to Rule 115(2) and (3), and (4)(c): Maximum residue levels for cyproconazole
Hlasoval jsem pro námitky, protože ochrana zdraví lidí a životního prostředí musí být na prvním místě. Tyto pesticidy a fungicidy jsou v EU zakázány již deset let a jejich návrat, byť v omezeném množství, představuje krok zpět. Návrh Komise by povolil jejich používání pro některé plodiny a současně by umožnil dovoz produktů s určitými odchylkami, což by podkopalo konkurenceschopnost našich zemědělců. Případ thiaclopridu ukázal, že Komise dokáže přijít s přísnějšími pravidly, když jí to Parlament jasně sdělí. Nechceme regulaci, která je lepší než před deseti lety, ale stále nedostatečná. Evropské zemědělství si zaslouží férové podmínky, stejně jako my všichni máme právo na bezpečné potraviny a zdravé prostředí. Proto jsem hlasoval pro námitky – abychom vyslali jasný signál, že chceme přísnější a důslednější pravidla.
Mobilisation of the European Union Solidarity Fund: assistance to Italy, Slovenia, Austria, Greece and France further to natural disasters occurred in 2023
Evropská unie musí zemím zasaženým přírodními katastrofami spojenými se změnami klimatu pomáhat. Členské státy se musí při živelných katastrofách navzájem podporovat, protože nikdy nevíme, v jaké zemi se objeví. Nejaktuálnějším příkladem jsou nedávné záplavy, které zasáhly střední a východní Evropu. Přírodní katastrofy nerozlišují hranice států, neměli bychom tak při takto neočekávaných a ničivých událostech finanční nebo materiální pomoc blokovat. Jenom solidarita napříč Unií může vést k napravení škod a kompenzaci zasažených obyvatel, firem nebo infrastruktury. Zároveň se musíme připravit na to, že podobné extrémní výkyvy počasí budou Evropu sužovat čím dál tím častěji a bohužel se pravděpodobně stanou naším společným břemenem.
Moldova's resilience against Russian interference ahead of presidential elections, EU integration referendum
Je neakceptovatelné, aby Rusko po Ukrajině, Bělorusku a Maďarsku ovlivňovalo veřejný prostor a média dalšího suverénního státu – Moldavska. Ruská federace zdá se stále žije v politické realitě Sovětského svazu. Nejspíše si myslí, že má neomezený vliv a právo vměšovat se do dění v Moldavsku, a to nejen v době konání prezidentských voleb. Občané Moldavské republiky, svrchované země, mají právo vybrat si svobodně a nezávisle svou hlavu státu bez vlivu a propagandy jakéhokoliv jiného státu. Moldavsko má stejně tak právo rozhodnout se samo za sebe, zda se chce stát členským státem Evropské unie. Je nepřípustné, aby historický vývoj země stále ovlivňoval současné a budoucí směřování státu fungujícího od 90. let v demokracii. Musíme se tak postarat o to, aby se ruský vliv nešířil dál za hranice do svobodné a demokratické Evropy.
The democratic backsliding and threats to political pluralism in Georgia
Gruzínská vláda musí naslouchat hlasu svého lidu a přivést zemi zpět na evropskou cestu tím, že podnikne konkrétní kroky a nezbytné reformy. Antidemokratická legislativa kritizovaná OSN, útoky na občanskou společnost a nezávislá média, dlouhotrvající masové protesty. Poslední kapkou je zákon z května 2024 o transparentnosti zahraničního vlivu, který postihuje občanské organizace a nezávislá média dostávající více než 20 % svých finančních prostředků ze zahraničí. Zákon je nutí označovat se za „organizace prosazující zájmy cizí mocnosti“. Nesmíme dopustit, aby demokratická země takto postihovala a de facto podle vzoru Ruska odsuzovala občanské iniciativy a média, které jí nevyhovují. Gruzínská realita neodpovídá evropské politické kultuře a velmi se tím vzdaluje od vidiny pluralitní a nezávislé země.
Deforestation Regulation: provisions relating to the date of application
Provozovatelům, obchodníkům a příslušným orgánům by měla být poskytnuta přiměřená lhůta, aby se připravili na plnění požadavků tohoto nařízení. Z tohoto důvodu jsem se rozhodl hlasovat pro odložení data použitelnosti nařízení o dvanáct měsíců. Vyřešit se také musí obavy globálních partnerů a je potřeba zveřejnit země s nízkým rizikem. V období před datem použitelnosti by navíc Komise měla upřednostnit optimalizaci platformy pro výměnu informací mezi zúčastněnými stranami a příslušnými orgány, aby se předešlo jakémukoli zpoždění. Návrh nemění žádná podstatná pravidla nařízení, jedná se pouze o jeho odložení.
Electronic value added tax exemption certificate
Společně s většinou poslanců EP jsem se přiklonil k přijetí elektronického osvědčení o osvobození od daně z přidané hodnoty. Jako Evropa musíme držet krok s digitálním věkem a snížit administrativní zátěž členských států, samosprávy i podniků. Jsem tedy pro to nahradit aktuální papírovou verzi osvědčení o osvobození od DPH elektronickou podobou dokumentu. Současná tištěná verze je zastaralá a představuje pro členské státy a podniky problémy, včetně rostoucích nákladů, administrativní zátěže a nedostatku flexibility. Tento krok je myslím rozhodující směrem k digitalizaci a zjednodušení byrokracie pro všechny.
Faster and Safer Relief of Excess Withholding Taxes
Hlasoval jsem pro rychlejší a bezpečnější osvobození od nadměrných srážkových daní a zamezení dvojímu zdanění. Stejně jako většina kolegů, kteří s návrhem souhlasili, mám za to, že díky novým pravidlům budou srážkové daně v EU efektivnější a bezpečnější nejen pro investory, ale také pro finanční zprostředkovatele a vnitrostátní daňové správy. Investoři žijící v zahraničí v současné době musí platit daň ze stejného příjmu v zemi svého bydliště i v zemi původu. Aby zamezily dvojímu zdanění, řada členských států souhlasila se sdílením daňových práv mezi zeměmi původu a zeměmi pobytu. Problém je v tom, že podobné postupy vrácení peněz jsou často zdlouhavé, nákladné a těžkopádné. Přijaté usnesení tak pomůže s byrokracií a usnadní evropské investice.
Amendment of the EIB's Statute
Jako poslanci EP jsme vyhověli Evropské investiční bance (EIB), která předložila Evropské radě žádost o změnu části svého statutu. Základním záměrem změny je dát příslušným řídícím orgánům plnou pravomoc nad metrikami řízení rizik, což odpovídá moderním finančním standardům. Zároveň zdůrazňujeme, že je důležité zachovat požadavek jednomyslnosti, protože to zajišťuje, že jakékoli změny maximálního převodového poměru budou mít i nadále podporu všech členských států při zachování rovnováhy sil. Přijali jsme tak na základně doporučení skupiny G20 tento návrh a odstranili ze stanov Evropské investiční banky zákonné úvěrové limity.
UN Climate Change Conference 2024 in Baku, Azerbaijan (COP29)
Domnívám se, že se jako Evropa musíme přiklonit k vyváženějšímu přístupu k sociálně-ekonomickému blahobytu, konkurenceschopnosti, hospodářskému růstu a klimatickým opatřením. Jako důležité také vnímám konference COP pořádat účinným a ekologickým způsobem, s potřebou omezit počet účastníků na několik stovek osob, což prospěje nejen životnímu prostředí, ale i rozpočtu. Mám za to, že je potřeba revidovat Zelenou dohodu pro Evropu tak, abychom zajistili evropskou klimatickou politiku založenou na pragmatismu a širších vědeckých stanoviscích s cílem zvýšit konkurenceschopnost EU a zároveň chránit životní prostředí.
EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia
Jako poslanci EP jsme opět odsoudili nevyprovokovanou, nezákonnou a neoprávněnou útočnou válku Ruska proti Ukrajině. Je nepřípustné, aby Rusko neustále obcházelo sankce a vysílalo i nadále „stínové flotily“ ropných tankerů. I tyto kroky pomáhají Putinovi zintenzivnit válečné úsilí proti Ukrajině, zejména během nadcházející zimní sezóny. Jako Unie se i nadále snažíme podkopat schopnost ruského režimu pokračovat ve válce proti Ukrajině a odsuzujeme veškeré obcházení evropských sankcí. „Stínové flotily“ pro Rusko představují klíčovou finanční záchrannou linku a hlavní nástroj obcházení sankčního režimu EU, který musíme zablokovat. Připojuji se k výzvě, aby Unie a členské státy zakázaly veškerý dovoz ruských fosilních paliv včetně LNG a lépe zacílily své sankční balíčky.
Written questions (19)
EU steel industry layoffs
Roma as victims of disinformation campaigns
The right to use one’s own wheelchair up to the aircraft as an inalienable right for all persons with disabilities
Commission’s response to Malta’s ID misuse scandal
Potential retroactive ban on diesel-powered passenger vehicles
Administrative burden for SMEs resulting from implementation of the EUDR
Harmonisation of packaging legislation and the administrative burden on small enterprises in the EU
Price scale for emission allowances as a tool for European competitiveness on the global market
Enquiry on strengthening the enforcement of EU AML regulations and legal protections in cases involving legal professionals
Scrutiny of EU funding for a university that promotes antisemitism
Growing Russian oil trade continues to support the war in Ukraine
EU funding for the UNRWA, links to terrorism and the need for investigation and alternatives
Supporting transparency and best practices in childcare: the potential for unified statistics in the EU
European leaders accused of being Huawei’s influential friends and ignoring recommendations
Promise of gender equality: another case of possible misuse of EU funding in Gaza
Mongolia as a missed opportunity and potential critical raw materials trade partner for the EU
Ensuring EU competitiveness in pharmaceutical innovation
Concerns regarding Hungarian intelligence agency activities targeting EU officials
New EU fleet-wide CO2 emission standards for passenger cars and light commercial vehicles
Amendments (3241)
Amendment 96 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 96 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 103 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
Amendment 103 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
Amendment 112 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
Amendment 112 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
Amendment 125 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This includes matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 125 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This includes matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 149 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
Amendment 149 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
Amendment 164 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs ofor one experts, including for legal assistance, insofar as necessaryseen as explicitly necessary by both sides for that purpose, as well as necessary and reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to and approved by central management before they are incurred.”;
Amendment 164 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs ofor one experts, including for legal assistance, insofar as necessaryseen as explicitly necessary by both sides for that purpose, as well as necessary and reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to and approved by central management before they are incurred.”;
Amendment 171 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 171 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 175 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) the matter of the Community-scale undertaking or Community-scale group of undertakings that shall be considered as transnational as referred to in Article 4 of this Directive;
Amendment 175 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) the matter of the Community-scale undertaking or Community-scale group of undertakings that shall be considered as transnational as referred to in Article 4 of this Directive;
Amendment 176 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format (which shall be mainly in a virtual environment, using online meeting and voting tools), language (which shall be the official language of the Member State in which the company has its headquarter and English), venue, frequency and duration of meetings of the European Works Council;”;
Amendment 176 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format (which shall be mainly in a virtual environment, using online meeting and voting tools), language (which shall be the official language of the Member State in which the company has its headquarter and English), venue, frequency and duration of meetings of the European Works Council;”;
Amendment 186 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 186 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 194 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 194 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 198 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant, reasoned and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 198 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant, reasoned and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 202 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 202 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 220 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year24 months from the date of thissuch a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).
Amendment 220 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year24 months from the date of thissuch a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).
Amendment 221 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3 a (new)
Article 7 – paragraph 1 – indent 3 a (new)
in Article 7(1), the following indent is added: — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 12 months after the last day of validity of that agreement.
Amendment 221 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3 a (new)
Article 7 – paragraph 1 – indent 3 a (new)
in Article 7(1), the following indent is added: — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 12 months after the last day of validity of that agreement.
Amendment 239 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
Amendment 239 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
Amendment 248 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;
Amendment 248 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;
Amendment 252 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. As a general rule, digital means of communication and coordination shall be used for any information and consultation procedure.
Amendment 252 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. As a general rule, digital means of communication and coordination shall be used for any information and consultation procedure.
Amendment 278 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management;
Amendment 278 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management;
Amendment 291 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 291 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 297 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 297 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 303 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 303 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 310 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/38/EC
Article 14
Article 14
Amendment 310 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/38/EC
Article 14
Article 14
Amendment 313 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a
Amendment 313 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a
Amendment 1 #
2023/2182(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reiterates the important role of the JHA agencies, as they are indispensable for the implementation of EU policies, and the important support they ensure to the Union institutions and bodies and Member States in the sectors of fundamental rights, security and justice, by carrying out operational, analytical, managerial and monitoring tasks; reiterates therefore the need to ensure adequate financial and human resources to JHA agencies; notes that all agencies should effectively perform their mandates;
Amendment 2 #
2023/2182(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the agencies prompt response and unequivocal support provided to Member States to deal with the consequences of the Russian invasion of Ukraine; particularly appreciates the deployment of 500 standing corps to the Eastern border by Frontex; further welcomes the operational support and assistance provided by EUAA to Member states dealing with an influx of refugees, Europol’s cooperation with Ukraine and the support provided to bordering countries, as well extension of Eurojust mandate to include preserving, analysing and storing evidence related to prosecution of international crimes;
Amendment 3 #
2023/2182(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the Court issued ‘emphasis on the matter’ paragraphs for eleven agencies, including (i) for the European Union Agency for Criminal Justice Cooperation (Eurojust) due to the implementation of “SUMMA” a new pilot budgetary and accounting system rolled out by the Commission, (ii) for eu-LISA because of delays in the implementation of the Entry/Exit System and the related impact on eu-LISA operations; acknowledges the response of eu-LISA that it has already undertaken the necessary revisions to its contract management practice; and (iii) for the European Border and Coast Guard Agency (Frontex) regarding the accounting system which could not be validated because of missing information relating to an IT system, owned by the Commission, which supplies accounting data and another disclosure regarding the calculation of the contributions from Schengen associated countries;
Amendment 4 #
2023/2182(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges the weaknesses in public procurement procedures which are increasing and remain the main source of irregular payments and that the Court reported shortcomings in previous years for 24 EU agencies, including in relation to contracts signed by CEPOL, EUAA, eu- LISA, and Eurojust, and Frontex; calls on the agencies to further improve their public procurement procedures;
Amendment 8 #
2023/2182(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the Court’s observation that the agreements between the EU and the Schengen associated countries (SAC) serving as legal basis for calculating their contributions to EUAA’s and Frontex’ budget are unclear and allow divergent interpretations, resulting lower contribution by SAC and overstated contribution by the EU; recalls that this is an established practice for calculations of the SAC contributions; calls the Commission to examine these agreements;
Amendment 2 #
2023/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Frontex cooperation with the Discharge authority and progress made following up the recommendations and observations issued in the its Discharge report for 2020; welcomes the interim and new management efforts to ensure business continuity in the Frontex, enhance oversight and accountability, improve the management culture, strengthen the fundamental rights framework, and improve stakeholders trust especially during the transition period;
Amendment 4 #
2023/2172(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights the importance of a strong, effective and well-functioning Frontex, able to assist Member States to manage the common external borders of the European Union and to ensure an integrated border management with a view to managing those borders efficiently and in full compliance with fundamental rights, and to increasing the efficiency of the Union return policy; stresses that effective management of the external borders is of crucial importance for the protection of the Schengen as an area of freedom, security and justice; stresses that close cooperation and agreements with third countries in aspects like readmission agreements, technical assistance, training, and return activities, together with development aid are important to guarantee an efficient European Union border management;
Amendment 15 #
2023/2172(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the substantial increase in Frontex’ support to the effective return of 24 868 third-country nationals provided to Member States; appreciates that the FRO provided Frontex’ International and European Cooperation division (IEC) preliminary assessments on fundamental rights implications of Frontex ongoing and planned structured cooperation with several of the third countries, including with Mauritania;
Amendment 16 #
2023/2172(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes operational results achieved under all maritime joint operations during 2022 especially the detection of 1,105 facilitators, 11 traffickers of human beings and a wide variety of other types of cross-border crimes, illegal goods and substances;
Amendment 30 #
2023/2172(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes that in 2022 the Frontex went through significant managerial changes, including a new deputy fundamental rights officer (DFRO), a new chair of its Management Board, threewo new deputy executive directors and the appointment of a new executive director; further welcomes steps taken by Frontex to undergo a transition process and to improve the management culture and promote staff well-being ;
Amendment 31 #
2023/2172(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the organisation of inaugural meeting of the Fundamental Rights Action Plan Focal Points on 11 May 2022l; recalls that out of the 87 activities foreseen by the action plan to mainstream fundamental rights across all activities of the Agency, eight have been fully implemented; 56 have been implemented and were ongoing (are implemented on a systematic manner and a rolling-basis); 17 were partially implemented; and two were delayed;
Amendment 34 #
2023/2172(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes the Court's emphasis on matter paragraph related to the incorrect calculation of contributions from Schengen associated countries (SAC); is concerned that the agreements between the EU and the SAC serving as legal basis for calculating their contributions to EU budget are unclear and allow divergent interpretations resulting in a lower contribution by SAC; recalls that this is an established practice for calculations of the SAC contributions endorsed by the Management Board, Commission and CAS; calls the Commission to examine these agreements as there is no single automatic formula for setting the contributions to the EU and agencies budgets;
Amendment 35 #
2023/2172(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Further notes the second Court's emphasis on matter paragraph which related to certification of the accounts where the accounting officers declared inability to validate the accounting system due to missing information relating to an IT system (Mission Management System), owned by the Commission, which supplies accounting data
Amendment 43 #
2023/2172(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that OLAF is currently conducting an investigations on Frontex; requests that allegations of misconduct are thoroughly checked and investigated; calls on the Agency to ensure the full and sincere cooperation with OLAF throughout all stages of the investigation and to regularly report to the European Parliament about the progress of the state and outcome of the investigation; welcomes the preparation of an action plan to follow up on the issues raised in the OLAF report presented to the Management Board in January 2023;
Amendment 47 #
2023/2172(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Welcomes the development and continues implementation of comprehensive action plan to address the recommendations issued to Frontex in November 2020 and 15 June 2021 by European Ombudsman aimed at the effectiveness and transparency of Frontex' complaints mechanism, role and independence of Frontex's FRO, compliance with fundamental rights obligations and accountability;
Amendment 48 #
2023/2172(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Recalls the substantial increase in the demand and complexity of advice requests concerning applicable data protection rules from various stakeholders engaged with Agency’s activity ; recalls the Decision of EDPS in relation to two Management Board decisions; welcomes that the Agency addressed all recommendations and created an implementation plan to address the remaining issues;
Amendment 49 #
2023/2172(DEC)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Welcomes the cooperation between Europol and Frontex, particularly in the context of Frontex’s PeDRA program ‘Processing of Personal Data for Risk Analysis' concerning the information and operational personal data transmition of persons suspected of involvement in cross- border crime and terrorism; recalls that cooperation among Frontex and other JHA Agencies is fully transparent and subject to an adequate framework of oversight and accountability ensured; recalls that EDPS audit report recommended Frontex to assess strict neccessity of data sharing with Europol; recalls that Frontex stopped transmitting the data to Europol; welcomes the impementation of joint concept note between the agecies on the exchange of information including operational personal data which establishes a new governance model in line with EDPS recommendation;
Amendment 50 #
2023/2172(DEC)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Recalls that Frontex constitutes the main guarantor for strong and protected European external borders while upholding fundamental rights and international protection obligations; notes that Agency Management Board Working Group on Fundamental Rights Art 46 issued series of recommendations concerning serious incident reports (SIRs) reported by FRO in relation to Greece of which 4 were fully implemented and progress made on the remaining; welcomes the constructive cooperation by the Greek authorities and further progress on the fullfilment of the Implementation Plan; calls on the Agency to continue informing the Parliament on the progress made;
Amendment 3 #
2023/2171(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with satisfaction FRA’s assistance in identifying trend in the fields of anti-discrimination, artificial intelligence, its contribution to better law making and implementation by providing legislative and policy advice on matters such as children, victims’ rights, combatting terrorism, data protection; recognizes the quick reaction of FRA to the Russian invasion of Ukraine including being one of the first EU agencies at the border, monitoring the situation, preparing a report, two bulletins, online survey, interactive mapping of the work of cities in response to the crisis, mapping how Member States are implementing the Temporary Protection Directive (2001/55/EC), and planning a survey on experiences on violence among women fleeing the war; welcomes FRA’s timely response to emerging fundamental rights issues;
Amendment 1 #
2023/2169(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the Court’s observation on the legality and regularity of transactions connected to operational grant to fund the activities of a national police force in a member state; notes that the Court observed that part of the grant, amounting to EUR 0.2 million was irregular; notes Europol’s response reacting that the operational grant concerned the activities of SIUs coordinated by one member state therefore Article 186(4)(c) of the Financial Regulation 2018/1046 and the corresponding specific implementation guidance of the Commission on grant administration, Value Added Tax (VAT) was an eligible cost; welcomes that Europol will assess the eligibility of VAT in operational grants in light of the ECA’s observations;
Amendment 2 #
2023/2169(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes with satisfaction that in 2022, Europol accepted 98 068 operational contributions and supported 2 758 operations; welcomes Europol’s cooperation with Ukraine and the support provided to Member States and bordering countries increased early in the year in the context of the war; also notes support provided in the context of migratory flows from Belarus and welcomes that Europol suspended its cooperation with Russia;
Amendment 3 #
2023/2169(DEC)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls substantial increase (+44% compared to 2021), in the number of operations supported by the European Serious Organised Crime Centre (ESOCC) notably to 1 069 exceeding the target set for 2022 (500 operations); welcomes the European Migrant Smuggling Centre (EMSC) which supported several Operational Task Forces (OTF) in connection with migrant smuggling: OTF Flow – focused on the Belarussian route, OTF Dune – focused on small boat trafficking, and OTF Pathfinder – focused on 14 HVTs along the Western - Balkan route;
Amendment 6 #
2023/2169(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that on 16 September 2022, the European Data Protection Supervisor (EDPS) requested that the Court of Justice of the European Union annul two provisions of the amended Europol Regulation, namely Articles 74a and 74b; further notes the Order of the General Court in Case T-578/22 from 6 September 2023 by which the action brought by EDPS against the amended Europol regulation was deemed inadmissible thereby upholding the objection of inadmissibility raised by the Council; further recalls, as regards any effects of the contested provisions on the EDPS’s decision of 3 January 2022, EDPS cannot rely on them in support of his action, since an administrative decision cannot affect legislative acts, such as the amended Europol regulation, or affect the content thereof; welcomes the efforts by Europol to address EDPS recommendations which substantially increased in 2022 in particular that all contributions from before the entry into force of the amended Europol Regulation have meanwhile been assigned with a Data Subject Category (DSC);
Amendment 7 #
2023/2169(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the cooperation between Europol and Frontex, particularly in the context of Frontex’s PeDRA program ‘Processing of Personal Data for Risk Analysis' concerning the information and operational personal data transmition of persons suspected of involvement in cross- border crime and terrorism; recalls that cooperation among Europol and other JHA Agencies is fully transparent and subject to an adequate framework of oversight and accountability; recalls that EDPS audit report recommended Frontex to assess strict neccessity of data sharing with Europol; recalls that Frontex stopped transmitting the data to Europol; welcomes the impementation of joint concept note between the agecies on the exchange of information including operational personal data which establishes a new governance model in line with EDPS recommendation;
Amendment 2 #
2023/2168(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes an ongoing observation from 2020 on the legality and regularity of transactions based on a signature of a framework contract with a single company for the leasing of vehicles, which resulted 59 281 EUR irregular payment for the reporting period; notes that the contract is due to expire in 2024 and that any subsequent specific contracts have been issued under this framework contract;
Amendment 4 #
2023/2168(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Further notes the Court’s observation that Eurojust did not comply with the delays with the time limits for payments stipulated in Article 116 of the Financial Regulation; acknowledges the response of Eurojust facing period of adjustment to a new budgetary and financial system SUMMA which was in pilot phase, causing delays and technical difficulties in processing the transactions; recalls that the carryovers at Eurojust are significantly below the threshold levels;
Amendment 8 #
2023/2164(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes from the Agency’s follow-up to Parliament’s horizontal observations made in connection with the 2021 discharge procedure, as well as from the Agency’s follow-up report, that in recent years (as from 2019) the Agency has been using the services of an external law firm (specialised in Union civil service law) when dealing with cases of alleged harassment (i.e. requests for assistance under article 24 of the USR); observes in this context that the Agency’s Legal Services Unit performs an assessment to determine whether there is a need to request support or advice from an external law firm and that unit manages the relevant procedure and collaborates with the Agency’s Human Resources Unit in all those cases; recalls however, from Parliament’s discharge resolution for 2017 refusing topostponing the decision on granting the Agency’s former executive director discharge for that year’s budget implementation, the Agency’s commitment to lacked an adequate verification of legal services to ensure that services were used for the purpose of defending the Office only, and not to defend the interests of individuals; further recalls the Parliament’s discharge resolution for 2017 refusing the discharge for that year’s budget implementation supporting the Agency's decision to reduce and rapidly end outsourcing legal counselling by the establishment of an internal legal service; calls on the Agency to inform the discharge authorwelcomes that the Agency established an internal Legal Services Unity as to why that commitment has not been keptnd does not outsource legal counselling anymore;
Amendment 11 #
2023/2164(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that in 2018 OLAF concluded another investigation which led to findings linked to e.g. mismanagement of human resources, the resignation of the Agency’s executive director at that time and the adoption by the Agency’s MB of a governance action plan aimed at restoring trust internally and externally, reinforcing the governance structure, and rebuilding internal capacity; observes that in spite of the reorganisations performed by the Agency in recent years, issues still appear to exist which may indicate to the existence of structural problems; calls in this context on the Commission to identify solutions for the performance of an independent assessment of the Agency’s recent reorganisatthe Court, in its Annual Report, closed and deemed as being addressed the observation regarding the high number of management posts which were vacant as well the issues related to the precarity at the level of managerial positions which may have impaired EUAA's leadership and its strategic continuity; recalls in this context that according to Article 41(1)(t) of the EUAA Regulation, the Management Board shall take all decisions ion order to evaluate the degree to which the Agency’s current organigram and distribution of responsibilities among the Agency’s middle and senior management positthe establishment of the Agency’s internal structures whereas the Commission as are prone to risks of inefficiencies, mismanagement of human resources, and lack of transparency (including towards the Agency’s MB) among other member of the Agency’s Management Board regularly oversees Agency’s reorganisations;
Amendment 4 #
2023/2157(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the yearly flagship publication, the European Drug Report 2022, the Statistical Bulletin 2022 and the added value of the EU Early Warning System on new psychoactive substances run by the Centre for 25 years in 2022; welcomes the release of seven miniguides and three spotlights under the Centre’s flagship report Health and social responses to drug problems: a European guide; welcomes the organization of the fourth European Conference on Addictive Behaviours and Dependencies jointly organized by the Centre and its partners; encourages the Centre to continue in its knowledge sharing activities;
Amendment 6 #
2023/2157(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the drug-related training activities with participation of 609 law enforcement professionals from the EU and technical cooperation project partners delivered by the Centre in cooperation with the European Union Agency for Law Enforcement Training (CEPOL); welcomes that in 2022 almost 950 professionals working in the drugs field, including law enforcement officers and policymakers were trained and around 1 200 professionals working in the drugs field attended the seven webinars organized by the Centre; considers it essential to continue raising awareness of the importance of prevention and innovative mental-health-based approach to drugs policies;
Amendment 6 #
2023/2144(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the basis for the Court's qualified opinion on the legality and regularity of payments underlying the accounts were service requests and all associated payments made under two framework contracts signed in May 2018 for accommodation, shuttle and parking services and in January 2022 for travel services; notes that associated payments with a total value of €4.1 million did not constitute valid legal commitments as they were entered into without delegated authority; recalls the CEPOL’s response that despite weakness in the formalisation of the legal commitment, the services were ordered in line with CEPOL’s needs and controls and that no loss has been incurred; further notes the Court’s observation concerning weakness in the implementation of a framework contract for educational editorial services in 2022 and conclusion that all payments under this framework contract, which in 2022 amounted to €152 655 are irregular; recalls that CEPOL has taken corrective action to address the issues identified;
Amendment 2 #
2023/2139(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that EPPO was granted additional human resources with highly specialised and qualified profiles, including, for the first time in 2022, Seconded National Experts; notes that 34 selection procedures for statutory staff were launched and completed, as well as three selection procedures for Seconded National Experts; welcomes the total number of statutory staff members and SNEs reaching 221, which translates to an occupancy rate of 89% of the Establishment Plan;
Amendment 10 #
2023/2138(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes that as a response to the COVID-19 pandemic, EDPS established an internal task force to monitor and assess the EU’s and EUIs’ and that throughout the first part of 2022; welcomes that EDPS has been involved in activities relating to the assessment of actions, initiatives and proposals by EUIs as controllers, together with the evaluation of proposed technological solutions to fight the COVID-19 pandemic and the issuance of guidance for EUIs in order to assist the EUIs to adequately fight the pandemic, while ensuring compliance with data protection law;
Amendment 12 #
2023/2138(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes the European Ombudsman’s inquiry in case 1995/2022/OAM against the EDPS closed in 2022, which referred to access to documents; as per the Ombudsman’s recommendation urges EDPS to establish a policy of ‘transparency by design’ and publish documents linked to EDPS activities in a proactive manner, within a reasonable time frame and in a user-friendly and accessible way;
Amendment 121 #
2023/2127(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas China’s grey-zone activities, such as warplane incursions, missile drills, economic coercion, and cyberattacks, aim to pressure Taiwan into submission; whereas China’s expansionist policies and harassment behaviour in the South China Sea demonstrate a flagrant disregard for the UN Convention on the Law of the Sea (UNCLOS) and the freedom of navigation;
Amendment 204 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) ensure that China plays a constructive role in multilateral organisations such as the World Trade Organization, the World Health Organization (WHO) and the United Nations and support steps towards allowing Taiwan’s participation in the meetings, mechanism and activities of relevant international institutions such as the WHO, the International Civil Aviation Organization and the UN Framework Convention on Climate Change; strongly oppose China’s constant misinterpretation and distortion of the UN Resolution 2758(XXVI) which contains no mention of People’s Republic of China’s claim of sovereignty over Taiwan, nor does it authorize the PRC to represent Taiwan in the UN system; express grave concerns that Taiwanese passport holders, including journalists, NGO workers and political activists, continued to be barred from accessing tours and events in the UN;
Amendment 221 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) note that the Chinese government is strengthening its role and influence in international institutions, including in the United Nations and its Human Rights Council; respond adequately to China’s efforts to build alternative international organisations, including through the BRICS group of countries (Brazil, Russia, India, China and South Africa), by ensuring better coordination among the EU Member States and intensifying partnerships with like-minded partners around the world;
Amendment 270 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) support an independent and impartial UN investigation into human rights violations in China, in particular in Xinjiang and Tibet, and urge the Chinese authorities to grant meaningful access to the regions concerned and immediately and unconditionally release the Uyghur scholar and 2019 Sakharov Prize Laureate Ilham Tohti; support the 2022 UN Human Right report on Xinjiang and call on China to cease its crimes against humanity in the region, which include arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups;
Amendment 279 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) underline religious freedom and human rights have continued to deteriorate in China; condemn Chinese government measures aimed at suppressing believers who resist being controlled by the Chinese Communist Party (CCP), and which force bishops to join the CCP-controlled Chinese Patriotic Catholic Association; highlight the need to protect religious freedom from authoritarianism like China;
Amendment 375 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) strengthen the EU’s economic autonomy, and develop effective approaches to counter China’s targeted economic coercion towards Member States, such as Lithuania; ensure mutually beneficial economic relations and prevent sensitive technologies from being used for military purposes by de-risking trade flows and reducing critical dependencies on the PRC without aiming to decouple or turning inwards;
Amendment 390 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point r a (new)
Paragraph 1 – point r a (new)
(ra) highlight that Taiwan’s semiconductor industry is vital for global economy and more than 50 percent of the world’s shipping containers pass through Taiwan Straits; urge the EU and its Member States to take a firm stand against China’s intimidation and coercion towards Taiwan; welcome Taiwan’s semiconductor manufacturing diversification in Europe and reiterate its longstanding support to a EU-Taiwan Bilateral Investment Agreement and any arrangements mutually beneficial to bilateral trade and investment;
Amendment 419 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) highlight that the EU’s ‘One China policy’ remains the foundation of our engagement with both the PRC and Taiwan but also; maintain that whilst the EU’s relationship with Taiwan remains unofficial, it recognises Taiwan as a reliable and valued like-minded partner in Asia; underline the positive effects and strategic importance of deepening ties between the EU and Taiwan;
Amendment 441 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point w
Paragraph 1 – point w
(w) ensure that the status quo in the Taiwan Strait is not changed by means of force or coercion by supporting initiatives aimed at promoting dialogue, cooperation and confidence-building between the two sides; take concrete steps, including increasing Coordinated Maritime Presences (CMP) in the Taiwan Strait, facilitating Taiwan’s military capability- building, and considering economic sanction packages in the event of a Chinese invasion, to discourage China from escalating tensions in the region; prepare a scenario-based strategy for tackling potential security challenges in the Taiwan Strait;
Amendment 250 #
2023/2126(INI)
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) underline the need to deepen the EU-US cooperation in the Middle East while continueing the good bilateral engagements on our respective policies towards the Middle East Peace Process, as well as to continue to coordinate our efforts to encourage positive developments in the wider region, including the Abraham Accords;
Amendment 22 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the crucial role played by grassroots and community organisations, trade unions, activist groups, human rights defenders andthat non- governmental organisations (NGOs) in promoting and upholdplay ing democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private actionstic system;
Amendment 29 #
2023/2122(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that public transparency and accountability of NGOs must be ensured especially when EU tax payer’s money is spent; further emphasises that through scrutiny is indispensable to protect democracy;
Amendment 30 #
2023/2122(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reminds the Commission to guarantee that no Union funds are allocated to organizations (Union or international), third parties, and/or natural persons linked to any cause or form of terrorism and/or radicalization;
Amendment 33 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumentalisation and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notes that it iNGOs short-sighted tould not be treat NGOsed as a singular bloc with a singular policy outlook;
Amendment 42 #
2023/2122(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasizes that the term NGO is a wide umbrella term under which many different kinds of organisations may fall: from large international organisations to small regional or local organisations, from organisations run mostly by professionals to organisations consisting mostly of volunteers; highlights that the subject matter covered by NGOs and the method of implementation can also vary substantially, for instance, some work of NGOs may vary from being highly theoretical (for example the work of some think-tanks), or political (for example politically affiliated NGOs) to being highly hands on (for example the daily work that firefighting NGOs engage in across Europe); emphasizes that therefore, a differentiation between different types of NGOs should be made when analysing levels of transparency and efficiency, and that a better definition of NGOs should be established at the EU level;
Amendment 45 #
2023/2122(INI)
2 b. Reiterates the call for a common NGO definition in the recommendations from the 2021 Commission discharge resolution; calls for a common NGO definition at EU level, in particular for NGOs receiving EU funding; is of the opinion that this definition should provide minimum common conditions for defining an NGO; considers that such minimum conditions must include the form of an organisation, the objectives it pursues, its level of formal or institutional existence, the accountability of its structures to its members or donors, its level of independence from the government, other public authorities, political parties or commercial organisations, and its commercial or professional objectives on behalf of its members
Amendment 46 #
2023/2122(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Reiterates its call in the 2021 Commission discharge resolution to set up an NGO regulation by 1 June 2024 that includes harmonised minimum requirements for NGOs across all EU entities and a clear definition and categorisation of the fields of activity and size of NGOs and that provides for the necessary conditions for NGOs to receive EU funds; insists that there should be a clear distinction between regular NGOs and ‘public utility NGOs’; calls on the Commission to establish simplified procedures for small NGOs;
Amendment 47 #
2023/2122(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Calls on the Commission to ensure that, when preparing its proposal for the NGO regulation, important questions on issues relating but not limited to clear definitions, revolving doors, transparency in financing and donations, the fight against money laundering, limiting foreign interference, independence from political and economic influence, whistleblowing, and transparency in actual leadership and ownership are dealt with in a sufficiently transparent manner;
Amendment 48 #
2023/2122(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Is concerned about cases of fraud and irregularities, notably in situations where NGOs that are members of different international networks or platforms in receipt of EU funding are at risk of conflicts of interests, double funding, corruption or money laundering; is concerned about the lack of data publicly available on the fraud cases involving NGOs; calls on the European Anti-Fraud Office (OLAF) to compile and provide such data to Parliament and the ECA and to draw up a list of NGOs that have broken the law;
Amendment 60 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in some Member States;
Amendment 69 #
2023/2122(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human RightsNGOs, in order to ensure their transparency, including in their funding, and accountability;
Amendment 75 #
2023/2122(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 79 #
2023/2122(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Is deeply concerned that the managing authorities and the Commission do not maintain a list of projects awarded grants for 2020 or 2021 despite the explicit requirement in the Common Provisions Regulation to create a list of operations selected for support by the funds publicly available on the website in at least one of the official languages of the institutions of the Union and to update that list at least every four months;
Amendment 90 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose of ensuring legitimate public scrutiny on the way EU taxpayer’s money is spent; stresses that reporting requirements for NGOs must remain strictly necessary andbe proportionate to the specific aims pursued;
Amendment 91 #
2023/2122(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that a lack of transparency makes it possible for powerful actors to establish, fund and/or co-opt EU-funded NGOs in multiple Member States to promote false narratives, including through disinformation, in order to apparently influence EU policy through different actors, as happened in Qatargate; underlines that the EU budget must not be used to lobby against the democratic principles and values of the EU; reiterates that foreign influence on EU policymaking may be possible through NGOs; calls on the Commission to require NGOs in receipt of EU grants to publish details on any funding received from other sources in relation to projects co-financed by the EU over a five-year period;
Amendment 93 #
2023/2122(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Criticises the situations in which substantial co-funding is awarded from the EU budget to NGOs that are clearly and predominantly financed by non-EU states, networks or foundations and that deliver research that regularly negatively impacts European industry and transport providers; urges the Commission to trace the flow of funds from the first donor in order to prevent damage to the EU economy;
Amendment 94 #
2023/2122(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission to ensure that all applicants or beneficiaries of EU funding, including NGOs, are required to publish annually the number of lobbying contacts they have, along with their nature and their monetary value; reiterates in this context the need for a comprehensive financial pre-screening of these entities before they are listed in the Transparency Register; calls for a transparency officer to be placed in all committee secretariats and relevant administrative units; recalls that, according to the Transparency Register Guidelines, changes in the data provided should be communicated as soon as they occur and, in any case, within three months; insists that any changes in the board or leadership of EU-funded NGOs should be also recorded in the Transparency Register;
Amendment 102 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that current EU instruments are likelynot sufficient for achieving proportionate transparency goals concerning NGO funding;
Amendment 108 #
2023/2122(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that recipients of AMIF funds have greater transparency obligations than those laid down by Financial regulation; recalls that Asylum, Migration and Integration Fund (AMIF) is set up for the period 2021-2027, with a total of EUR 9.88 billion, whereas the largest part is implemented under the shared management with decreased transparency as the final recipients of funds do not have the obligations to register in Financial Transparency System;
Amendment 110 #
2023/2122(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Regrets that Financial Transparency System does not show actual disbursements of grants or redistribution of grants between beneficiaries (multi-beneficiary projects), as this is not required by Article 38 of the Financial Regulation, notes that the Commission receives this information;
Amendment 111 #
2023/2122(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Recalls that around 70% of EU programmes and funds are implemented under shared management; further emphasises that for the remaining 30% the Court found that the Commission’s Early Detection and Exclusion System (EDES) which only applies to directly and indirectly managed funds relies too much on declarations of honour given by the applicants instead of vetting them which creates a high risk of EU funds benefiting unknown beneficiaries with various levels of security risks attached;
Amendment 116 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 62 #
2023/2119(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the People’s Republic of China has for many years promoted an alternative narrative, challenging democratic values, open markets, and the rules-based international order; whereas China’s increasing influence in international organisations has impeded positive progress and further excluded Taiwan from meaningful participation;
Amendment 363 #
2023/2119(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for heightened attention to China’s escalating hybrid warfare tactics in the Indo-Pacific, particularly pertaining to Taiwan, which faces five million cyberattacks every day, primarily from China. Acknowledges that the potential repercussions of destabilisation in the region would resonate far beyond the Taiwan Strait and impact the security of the EU; stresses the importance of developing regular dialogue, cooperation, and capacity building with Taiwan, which possesses substantive expertise and employs scientific methods to counter Chinese cyberattacks and FIMI based on its extensive experience, technological advantages, and linguistic proximity to China;
Amendment 457 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Expresses deep concern about China’s increasingly aggressive behaviour in the Taiwan Strait, including its 1,727 fighter jet incursions into Taiwan’s Air Defense Identification Zone in 2022, which is undermining the status quo in the Taiwan Strait. Encourages Member States to increase the frequency of freedom of navigation operations in the Taiwan Strait and deepen security dialogues with Taiwan to deter Chinese aggression against the democratic island. Condemns China’s disruptive activities in the South China Sea, including island- building, harassment, and dangerous manoeuvres conducted by its navy, coast guard, and maritime militia. These actions have raised tensions with neighbouring countries and threatened maritime security in one of the most important global trade routes. Calls for greater Coordinated Maritime Presences (CMP) and capacity building with the EU’s partners in the region. Stresses the need to cooperate with a broader set of actors in the Indo-Pacific, including Japan, South Korea, Australia, India, and Taiwan, in terms of information exchange, burden-sharing, and strategic alignment, in order to optimise the use of the EU’s limited resources;
Amendment 21 #
2023/2116(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s 2023 autumn economic forecast, the EU labour market continued to perform strongly in the first half of 2023, despite the slowdown in economic growth; whereas employment growth in the EU is projected at 1.0 % this year, with a projected easing to 0.4 % in both 2024 and 2025; whereas the unemployment rate in the EU is expected to remain broadly stable at 6.0 % in 2023 and 2024 and to edge down to 5.9 % in 2025, which is the lowest rate ever recorded for the EU, and 2024 and to edge down to 5.9 % in 2025; whereas the EU debt-to-GDP ratio is projected to 83 %, which is in contradiction with the criteria of the Stability and Growth Pact;
Amendment 21 #
2023/2116(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s 2023 autumn economic forecast, the EU labour market continued to perform strongly in the first half of 2023, despite the slowdown in economic growth; whereas employment growth in the EU is projected at 1.0 % this year, with a projected easing to 0.4 % in both 2024 and 2025; whereas the unemployment rate in the EU is expected to remain broadly stable at 6.0 % in 2023 and 2024 and to edge down to 5.9 % in 2025, which is the lowest rate ever recorded for the EU, and 2024 and to edge down to 5.9 % in 2025; whereas the EU debt-to-GDP ratio is projected to 83 %, which is in contradiction with the criteria of the Stability and Growth Pact;
Amendment 25 #
2023/2116(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Annual Sustainable Growth Survey for 2024 highlights that despite marked wage increases in the EU in 2022 and the beginning of 2023, these remained below the high inflation rates and resulted in reduced purchasing power, affecting lower incomes the most; whereas real wages in the EU decreased by 3.7 % in 2022, increasing the risk of in-work poverty; whereas real wages are expected to increase as of next year as a result of continued nominal wage growth and declining inflationthe risk of in-work poverty is increased by other factors such as family composition with single parents or large families being especially affected; whereas real wages are expected to increase as of next year as a result of continued nominal wage growth and declining inflation; whereas the worsening the socio-economic situation was further exacerbated by Russia´s unprovoked and unjustified aggression against Ukraine;
Amendment 25 #
2023/2116(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Annual Sustainable Growth Survey for 2024 highlights that despite marked wage increases in the EU in 2022 and the beginning of 2023, these remained below the high inflation rates and resulted in reduced purchasing power, affecting lower incomes the most; whereas real wages in the EU decreased by 3.7 % in 2022, increasing the risk of in-work poverty; whereas real wages are expected to increase as of next year as a result of continued nominal wage growth and declining inflationthe risk of in-work poverty is increased by other factors such as family composition with single parents or large families being especially affected; whereas real wages are expected to increase as of next year as a result of continued nominal wage growth and declining inflation; whereas the worsening the socio-economic situation was further exacerbated by Russia´s unprovoked and unjustified aggression against Ukraine;
Amendment 31 #
2023/2116(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, energy prices in the EU remain high on average compared to pre- crisis levels and the rest of the world, which jeopardizes the social-economic stability within the EU;
Amendment 31 #
2023/2116(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, energy prices in the EU remain high on average compared to pre- crisis levels and the rest of the world, which jeopardizes the social-economic stability within the EU;
Amendment 33 #
2023/2116(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission’s 2023 autumn economic forecast stressed that uncertainty and downside risks to the economic outlook have increased in recent months because of Russia's protracted war of aggression against Ukraine and the wider regional consequences of the Hamas' brutal terrorist attacks against Israel and that the transmission of monetary tightening may weigh on economic activity for longer and to a larger degree than projected in this forecast, as adjusting the finances of firms, households and governments to the high interest rate environment could prove more challenging;
Amendment 33 #
2023/2116(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission’s 2023 autumn economic forecast stressed that uncertainty and downside risks to the economic outlook have increased in recent months because of Russia's protracted war of aggression against Ukraine and the wider regional consequences of the Hamas' brutal terrorist attacks against Israel and that the transmission of monetary tightening may weigh on economic activity for longer and to a larger degree than projected in this forecast, as adjusting the finances of firms, households and governments to the high interest rate environment could prove more challenging;
Amendment 41 #
2023/2116(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the digital and green transitions could have a significant impact on the environment and the people affected, but also on the economy, including the labour markepeople, enterprises, the environment, but also on the economy, including the labour market; whereas the implementation of the Green Deal requires an important amount of investments that result in the general increase of prices all over the EU and therefore reduces the purchasing power of the EU citizens, affecting lower incomes the most;
Amendment 41 #
2023/2116(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the digital and green transitions could have a significant impact on the environment and the people affected, but also on the economy, including the labour markepeople, enterprises, the environment, but also on the economy, including the labour market; whereas the implementation of the Green Deal requires an important amount of investments that result in the general increase of prices all over the EU and therefore reduces the purchasing power of the EU citizens, affecting lower incomes the most;
Amendment 50 #
2023/2116(INI)
Motion for a resolution
Recital E
Recital E
E. whereas with regard to the general escape clause under the Stability and Growth Pact, which expires at the end of 2023, fiscal policy of the Member states needs to support monetary policy in reducing inflation and public debt, and needs to safeguard fiscal sustainability, while providing sufficient space for additional investments, including investments in social protection, quality social infrastructure and social services and support for long-term growtheconomic growth and strengthening competitiveness and resilience;
Amendment 50 #
2023/2116(INI)
Motion for a resolution
Recital E
Recital E
E. whereas with regard to the general escape clause under the Stability and Growth Pact, which expires at the end of 2023, fiscal policy of the Member states needs to support monetary policy in reducing inflation and public debt, and needs to safeguard fiscal sustainability, while providing sufficient space for additional investments, including investments in social protection, quality social infrastructure and social services and support for long-term growtheconomic growth and strengthening competitiveness and resilience;
Amendment 53 #
2023/2116(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the joint employment report for 2024 provides a first assessment of Member States’' state of play on the three headline targets for 2030 and shows: good progress towards the employment target with an employment level of 74.6 %, but with significant differences according to gender and agebetween Member States and between men and women as well as among different age groups; progress by the majority of Member States towards their national poverty reduction targets, but changes in the opposite direction by others; a need for significant progress to reach the EU headline target of 60 % of adults in learning every year in the EU by 2030, from a low level of 37.4 % in 2016;
Amendment 53 #
2023/2116(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the joint employment report for 2024 provides a first assessment of Member States’' state of play on the three headline targets for 2030 and shows: good progress towards the employment target with an employment level of 74.6 %, but with significant differences according to gender and agebetween Member States and between men and women as well as among different age groups; progress by the majority of Member States towards their national poverty reduction targets, but changes in the opposite direction by others; a need for significant progress to reach the EU headline target of 60 % of adults in learning every year in the EU by 2030, from a low level of 37.4 % in 2016;
Amendment 62 #
2023/2116(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the inclusion of a social convergence framework in the European Semester should foster upward social convergence and should improve the assessment and monitoring of employment and social developments in the Member States and the EU by identifying risks to upward convergence for Member States in the joint employment report based on the Social Scoreboard headline indicators and through the Commission’s publication of social convergence reports for those Member States identified as facing risks to upward social convergence;
Amendment 62 #
2023/2116(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the inclusion of a social convergence framework in the European Semester should foster upward social convergence and should improve the assessment and monitoring of employment and social developments in the Member States and the EU by identifying risks to upward convergence for Member States in the joint employment report based on the Social Scoreboard headline indicators and through the Commission’s publication of social convergence reports for those Member States identified as facing risks to upward social convergence;
Amendment 66 #
2023/2116(INI)
Motion for a resolution
Recital H
Recital H
H. whereas skilled workers that can respond to the demands of the labour market and education, training and lifelong learning are of key importance to ensure sustainable growth, increased innovation and competitiveness and the sustainable and just transition of the EU economy; whereas while the EU unemployment rate remains stable at 6% in 2023, EU companies keep struggling to find employees with required skills; whereas the availability of skilled employees is one of the biggest problem for EU’s small and medium-sized enterprises, representing 99% of all EU businesses;
Amendment 66 #
2023/2116(INI)
Motion for a resolution
Recital H
Recital H
H. whereas skilled workers that can respond to the demands of the labour market and education, training and lifelong learning are of key importance to ensure sustainable growth, increased innovation and competitiveness and the sustainable and just transition of the EU economy; whereas while the EU unemployment rate remains stable at 6% in 2023, EU companies keep struggling to find employees with required skills; whereas the availability of skilled employees is one of the biggest problem for EU’s small and medium-sized enterprises, representing 99% of all EU businesses;
Amendment 72 #
2023/2116(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas productivity is the main driver of competitiveness, average productivity growth in the EU has stagnated over the last decade; whereas the stagnation of production represents an obstacle to greater competitiveness in the EU;
Amendment 72 #
2023/2116(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas productivity is the main driver of competitiveness, average productivity growth in the EU has stagnated over the last decade; whereas the stagnation of production represents an obstacle to greater competitiveness in the EU;
Amendment 76 #
2023/2116(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas EU businesses are burdened by administrative obstacles that hinder their ability to invest; whereas joint efforts are required to enforce existing rules, remove barriers, and explore areas for further integration;
Amendment 76 #
2023/2116(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas EU businesses are burdened by administrative obstacles that hinder their ability to invest; whereas joint efforts are required to enforce existing rules, remove barriers, and explore areas for further integration;
Amendment 80 #
2023/2116(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, as a result of demographic ageing, the number of people over 65 is rising rapidly and, at the same time, a growing number of critical jobs cannot find suitabkilled candidates to fill open positions, leading to a decrease in the number of employees financ; whereas workforce shortages vary across the EU but are reported by all Member States, whereas these shortages in combination with ageing population and projected increase of number of persons with disabilities might underminge the social welfare model in the EUustainability of crucial sectors such as care sector;
Amendment 80 #
2023/2116(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, as a result of demographic ageing, the number of people over 65 is rising rapidly and, at the same time, a growing number of critical jobs cannot find suitabkilled candidates to fill open positions, leading to a decrease in the number of employees financ; whereas workforce shortages vary across the EU but are reported by all Member States, whereas these shortages in combination with ageing population and projected increase of number of persons with disabilities might underminge the social welfare model in the EUustainability of crucial sectors such as care sector;
Amendment 83 #
2023/2116(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas negative demographic trends might magnify regional disparities in the EU, especially in the rural and outermost regions; whereas brain drain within the EU as well as outwards worsens the overall negative impact of these trends;
Amendment 83 #
2023/2116(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas negative demographic trends might magnify regional disparities in the EU, especially in the rural and outermost regions; whereas brain drain within the EU as well as outwards worsens the overall negative impact of these trends;
Amendment 99 #
2023/2116(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that some of the aims of sustainable economic growth must be to ensure wellbeing through an inclusive socio- ecological and digital transformation of our economies to prevent social, economic, digital and environmental imbalances by fighting poverty, reducing inequalities and creating decent jobs with adequate wages and working conditions, while ensuring alignment withtaking into account the Sustainable Development Goals and the EPSR, as well as to strengthen economic, social and territorial cohesion;
Amendment 99 #
2023/2116(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that some of the aims of sustainable economic growth must be to ensure wellbeing through an inclusive socio- ecological and digital transformation of our economies to prevent social, economic, digital and environmental imbalances by fighting poverty, reducing inequalities and creating decent jobs with adequate wages and working conditions, while ensuring alignment withtaking into account the Sustainable Development Goals and the EPSR, as well as to strengthen economic, social and territorial cohesion;
Amendment 109 #
2023/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of up-to- date monitoring of the labour market and of supply and demand for skills at the occupational, sectoral and regional level to assist in the identification and forecasting of relevant occupational and transversal skills needs; stresses that anticipating and better matching the skills of the workforce to the labour market needs leads to more resilient economies in view of the future economy shocks which require active labour market policies;
Amendment 109 #
2023/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of up-to- date monitoring of the labour market and of supply and demand for skills at the occupational, sectoral and regional level to assist in the identification and forecasting of relevant occupational and transversal skills needs; stresses that anticipating and better matching the skills of the workforce to the labour market needs leads to more resilient economies in view of the future economy shocks which require active labour market policies;
Amendment 113 #
2023/2116(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to invest significantly in peopleEuropean employees and to offer quality, inclusive and subsidis and future-oriented education and training in areas linked tobased on the individual aspirations as well as skills and competences that are in long-term demand in labour markets andor future-oriented sectors according to local and regional needs; further stresses the need to address skills mismatches and labour market shortages and provide assistance to SMEs for the recruitment of new skilled and qualified employees; underlines the need to ensure that workers are ready for the green and digital transitions, that they can benefit from opportunities for new employment or career progression and that training and education programmes are aligned withvailable for all workers and aligned with their individual aspirations, the needs of the planet, the economy and society of the future;
Amendment 113 #
2023/2116(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to invest significantly in peopleEuropean employees and to offer quality, inclusive and subsidis and future-oriented education and training in areas linked tobased on the individual aspirations as well as skills and competences that are in long-term demand in labour markets andor future-oriented sectors according to local and regional needs; further stresses the need to address skills mismatches and labour market shortages and provide assistance to SMEs for the recruitment of new skilled and qualified employees; underlines the need to ensure that workers are ready for the green and digital transitions, that they can benefit from opportunities for new employment or career progression and that training and education programmes are aligned withvailable for all workers and aligned with their individual aspirations, the needs of the planet, the economy and society of the future;
Amendment 126 #
2023/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the need to consider the distribution of quality employment in society due to the prevalence of poverty and social exclusion among certain groups, such as Romany people, in order to better design tailored activation and inclusion policies; stresses the importance of devoting particular attention to thecalls on Commission to learn from the many initiatives across the EU in tackling long-term unemployment such as through a job guarantee; stresses the importance of devoting particular attention to facilitating youth employment and pre- retirement transition; stresses that younger generation, which is still facesing difficulties entering the labour market, and to children whoyoung adults are at a higher risk of falling into poverty and social exclusion; insists, in that respect, on the need to better assess the impact of current policies, with the aim of enhancing Member States’ capacity to foster on job creations, competitiveness, economic growth, and upward social convergence;
Amendment 126 #
2023/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the need to consider the distribution of quality employment in society due to the prevalence of poverty and social exclusion among certain groups, such as Romany people, in order to better design tailored activation and inclusion policies; stresses the importance of devoting particular attention to thecalls on Commission to learn from the many initiatives across the EU in tackling long-term unemployment such as through a job guarantee; stresses the importance of devoting particular attention to facilitating youth employment and pre- retirement transition; stresses that younger generation, which is still facesing difficulties entering the labour market, and to children whoyoung adults are at a higher risk of falling into poverty and social exclusion; insists, in that respect, on the need to better assess the impact of current policies, with the aim of enhancing Member States’ capacity to foster on job creations, competitiveness, economic growth, and upward social convergence;
Amendment 130 #
2023/2116(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States to ensure that all skills trainings are adapted to the capacities and desires of individuals and tailor-made for groups in vulnerable situations, such as NEETs (not in education, employment or training) and older workers;
Amendment 130 #
2023/2116(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States to ensure that all skills trainings are adapted to the capacities and desires of individuals and tailor-made for groups in vulnerable situations, such as NEETs (not in education, employment or training) and older workers;
Amendment 139 #
2023/2116(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the creation of good- quality jobs and the implementation of retention strategies are the best ways to attract a skilled workforce and calls on employers to invest, therefore, suggest that employers create such conditions inf their workers;y encounter recruitment difficulties, highlights that recruitment difficulties and labour shortages are particularly prevalent in sectors with challenging working conditions and poor job quality; highlights that creating high-quality, well-paid jobs that improve quality of life is therefore crucial could be resolved by offering decent jobs with adequate wages and working conditions;
Amendment 139 #
2023/2116(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the creation of good- quality jobs and the implementation of retention strategies are the best ways to attract a skilled workforce and calls on employers to invest, therefore, suggest that employers create such conditions inf their workers;y encounter recruitment difficulties, highlights that recruitment difficulties and labour shortages are particularly prevalent in sectors with challenging working conditions and poor job quality; highlights that creating high-quality, well-paid jobs that improve quality of life is therefore crucial could be resolved by offering decent jobs with adequate wages and working conditions;
Amendment 142 #
2023/2116(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to propose new initiatives on mental health, to prevent and manage the psychosocial risks at work and ensure the well-being of workers;
Amendment 142 #
2023/2116(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to propose new initiatives on mental health, to prevent and manage the psychosocial risks at work and ensure the well-being of workers;
Amendment 152 #
2023/2116(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the increase of EU funds dedicated to social objectives and the promotion of future-oriented investments focused on the just green and digital transitions, with a strong social dimension, including gender equality and equal access to essential services, such as education, health and digital infrastructure; stresses that financial instruments at all levels must become less fragmented and bureaucratic and more blended and bundled;
Amendment 152 #
2023/2116(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the increase of EU funds dedicated to social objectives and the promotion of future-oriented investments focused on the just green and digital transitions, with a strong social dimension, including gender equality and equal access to essential services, such as education, health and digital infrastructure; stresses that financial instruments at all levels must become less fragmented and bureaucratic and more blended and bundled;
Amendment 156 #
2023/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the need to reduce unnecessary administrative burdens for companies, especially for SMEs and start- ups, while maintaining the highest standards of consumer protection;
Amendment 156 #
2023/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights the need to reduce unnecessary administrative burdens for companies, especially for SMEs and start- ups, while maintaining the highest standards of consumer protection;
Amendment 157 #
2023/2116(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Member States to swiftly implement their National Action Plan on the EU Child Guarantee, and to ensure the availability of affordable, accessible and quality social services, such as early childhood education and care, out-of-school care, education, training, housing, health and long-term care, as a necessary condition for ensuring equality;
Amendment 157 #
2023/2116(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Member States to swiftly implement their National Action Plan on the EU Child Guarantee, and to ensure the availability of affordable, accessible and quality social services, such as early childhood education and care, out-of-school care, education, training, housing, health and long-term care, as a necessary condition for ensuring equality;
Amendment 165 #
2023/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that EU fiscal rules should allow for the necessary public investment and financing of the just transition to a zero-carbon economy, as well as for the proper implementation ofwhile taking into account the principles of the EPSR and of social investments; stresses that, although there is ae need to reduce public debt within a reasonable time frame, smaller or more indebted Member States need more flexible individual adjustment paths that allow them enough fiscal space to undertake the investments and reforms needed for socially fair green and digital transitions in a way that leaves no one behind as required by Stability and Growth Pact, allowing a flexibility in a specific and exceptional cases;
Amendment 165 #
2023/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that EU fiscal rules should allow for the necessary public investment and financing of the just transition to a zero-carbon economy, as well as for the proper implementation ofwhile taking into account the principles of the EPSR and of social investments; stresses that, although there is ae need to reduce public debt within a reasonable time frame, smaller or more indebted Member States need more flexible individual adjustment paths that allow them enough fiscal space to undertake the investments and reforms needed for socially fair green and digital transitions in a way that leaves no one behind as required by Stability and Growth Pact, allowing a flexibility in a specific and exceptional cases;
Amendment 171 #
2023/2116(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reminds the Member States of their commitment to undertake reforms and make investments that have a social impact and contribute to the EU’s economic, social and territorial cohesion and sustainable and inclusive growth, as well as contribute to the implementation of the EPSR through their national recovery and resilience plans; calls, in this sense, for a mainstreaming of the EPSR in all EU funds through the introduction of social conditionality in their allocation rules, as part of the Financial Regulation1 covering the EU general budget;; _________________ 1 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 171 #
2023/2116(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reminds the Member States of their commitment to undertake reforms and make investments that have a social impact and contribute to the EU’s economic, social and territorial cohesion and sustainable and inclusive growth, as well as contribute to the implementation of the EPSR through their national recovery and resilience plans; calls, in this sense, for a mainstreaming of the EPSR in all EU funds through the introduction of social conditionality in their allocation rules, as part of the Financial Regulation1 covering the EU general budget;; _________________ 1 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 180 #
2023/2116(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the Commission’s proposals for new regulations within the revision of the economic governance framework of April 2023 to strengthen debt sustainability and its reduction and enhance sustainable and inclusive economic growth through investment and reforms, including fiscal adjustment paths that allow for social investment; calls on the Commission to assess which expenditures, reforms and investments are necessary to achieve the long-term socioeconomic objectives required to comply with milestones in the national recovery and resilience plans; calls on the Commission to propose a new system for excessive deficit calculations based on this assessment in order to increase fairness during the green and digital transitions, social resilience and the implementation of the EPSR, while ensuring the sustainability of public finances in the Member States and with compliance of the Stability and Growth Pact;
Amendment 180 #
2023/2116(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the Commission’s proposals for new regulations within the revision of the economic governance framework of April 2023 to strengthen debt sustainability and its reduction and enhance sustainable and inclusive economic growth through investment and reforms, including fiscal adjustment paths that allow for social investment; calls on the Commission to assess which expenditures, reforms and investments are necessary to achieve the long-term socioeconomic objectives required to comply with milestones in the national recovery and resilience plans; calls on the Commission to propose a new system for excessive deficit calculations based on this assessment in order to increase fairness during the green and digital transitions, social resilience and the implementation of the EPSR, while ensuring the sustainability of public finances in the Member States and with compliance of the Stability and Growth Pact;
Amendment 193 #
2023/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that, in order to promote upward social convergence, the multilateral surveillance procedure set out in Article 148(4) TFEU has been, for the first time, complemented by an early warning system within the European Semester through a social convergence framework that could encourage the correction of risks to social convergence identified through the Social Scoreboard headline indicators and through social convergence reports published by the Commission; hHighlights the importance of including social divergence risks in the country-specific recommendations, especially those risks that concern people’s early development and that can have long- lasting consequences for individuals, such as equal access to quality education and healthcare, and highlights the importance of taking them into account when defining fiscal adjustment paths;
Amendment 193 #
2023/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that, in order to promote upward social convergence, the multilateral surveillance procedure set out in Article 148(4) TFEU has been, for the first time, complemented by an early warning system within the European Semester through a social convergence framework that could encourage the correction of risks to social convergence identified through the Social Scoreboard headline indicators and through social convergence reports published by the Commission; hHighlights the importance of including social divergence risks in the country-specific recommendations, especially those risks that concern people’s early development and that can have long- lasting consequences for individuals, such as equal access to quality education and healthcare, and highlights the importance of taking them into account when defining fiscal adjustment paths;
Amendment 204 #
2023/2116(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a more democratic European Semester process, with Parliament closely involved in setting macroeconomic and social policy priorities, in particular; considers that a revised European Semester process should follow the ordinary legislative procedure and so be agreed on between the Counon the Commission to consider how to strengthen democratic decision-making in the context of the European Semester process and in setting macroeconomic and social and Parliamentpolicy priorities;
Amendment 204 #
2023/2116(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a more democratic European Semester process, with Parliament closely involved in setting macroeconomic and social policy priorities, in particular; considers that a revised European Semester process should follow the ordinary legislative procedure and so be agreed on between the Counon the Commission to consider how to strengthen democratic decision-making in the context of the European Semester process and in setting macroeconomic and social and Parliamentpolicy priorities;
Amendment 214 #
2023/2116(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ReconfirmNotes the role of social partners in strengthening social dialogue and considers that the revision of the European Semester process should promote further dialogue with the relevant stakeholders, in particular relevant social partners and civil society organisations, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements;
Amendment 214 #
2023/2116(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ReconfirmNotes the role of social partners in strengthening social dialogue and considers that the revision of the European Semester process should promote further dialogue with the relevant stakeholders, in particular relevant social partners and civil society organisations, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements;
Amendment 75 #
2023/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is deeply concerned about the new Slovak government’s hostile actions against police officials, urges representatives of the Government of the Slovak Republic to refrain from personal and political attacks on independent investigators and against decisions by courts in relation to police officers;
Amendment 82 #
2023/2113(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses deep concern regarding the hostile actions of the new Slovak government against the Special Prosecutor’s Office, which plays a crucial role in the Slovak Republic’s independent efforts to combat corruption, and the attempts to restrict these efforts;
Amendment 129 #
2023/2113(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes with concern the Slovak government’s planned changes to the nation wide public TV and radio broadcaster RTVS, urges the Commission to be vigilant of any attempts to politically intervene in the broadcasting;
Amendment 133 #
2023/2113(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns the Slovak Prime Minister’s official decision to cease communication with at least four independent media outlets, and reaffirms the essential role of independent, free media in delivering unbiased information to citizens;
Amendment 134 #
2023/2113(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Expresses serious concerns about the Prime Minister of the Slovak Republic’s apparent preference for so- called alternative and disinformation media outlets, emphasizes that this constitutes an active effort to degrade the quality of the media environment and represents an attempt to diminish the scope for quality, independent journalism;
Amendment 140 #
2023/2113(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the worrying trends in the safety of journalists in several Member States; notes that the Council of Europe’s Platform to promote the protection of journalism and safety of journalists has registered more than 1 600 threat alerts since 2015; regrets the intimidation of journalist during election campaigns, such as recently happened in the election in Slovakia; is concerned about the Slovak government’s public statements, referring to independent media outlets as “hostile” and “enemies” and therefore contributing to public hate against journalists;
Amendment 5 #
2023/2087(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 13 #
2023/2087(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to Regulation 2019/1896, cooperation with third countries is an important element of European integrated border management and it should serve to promote European border management and return standards, to exchange information and risk analysis, and to facilitate the implementation of returns with a view to increasing their efficiency,1c whereas in which the Commission recommends that the Council authorise it to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agreement; whereas such an assessment has not been performed yet; _________________ 1c Recital 87 of Regulation (EU) 2019/1896
Amendment 14 #
2023/2087(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 is to serve as the basis for the Commission’s negotiations with Mauritania; whereas it establishes a framework for the cooperation between the Agency and its teams on the one hand and the competent authorities of the third country concerned on the other and it should therefore be considered as an umbrella under which several actions could be carried out; whereas it should set out among others the scope of operation, criminal and civil liability, tasks and powers of members of the team ; whereas it shall ensure that fundamental rights are fully respected during those operations and shall provide for a complaints mechanism;1ca _________________ 1ca Article 73 of Regulation (EU) 2019/1896
Amendment 21 #
2023/2087(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas Mauritania is primarily a transit and destination country for migration from other West African countries (Senegal, Mali, Guinea, and Guinea Bissau); whereas in last two years there has been a substantial increase in a number of people travelling along the Mauritanian coast to take the Canary Islands migration route; whereas according to the Spanish Commission for Refugee Aid (“CEAR”) route through Mauritania is one of the deadliest in the world, and 2021 marked the highest number of deaths and missing people since data is available; whereas according to the Spanish Ministry of Interior the collaboration that the authorities provide to the detachments of the National Police and the Civil Guard deployed in the area prevent 40 percent of the departures of irregular immigrants to the Canary Islands at the source;
Amendment 30 #
2023/2087(INI)
Motion for a resolution
Recital E
Recital E
E. wWhereas Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whossigned the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention; whereas despite remarkable progress which has been made in migration and asylum legislation Mauritania has no asylum law in place; whereas in the absence of such system UNHCR conducts registration and mandate refugee status determination (RSD) and other protection activities on the cbaseis have not been assessed by the UNHCRof a Memorandum of Understanding with the authorities; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;
Amendment 44 #
2023/2087(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas the Mauritanian authorities are receiving bilateral border management support from the Spanish authorities since 2006 in an advisory capacity only, including through the physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non- Mauritanian actor where its deployed team members would allow for exercising executive powers at the border of the country as agreed in a dedicated operational plan;
Amendment 49 #
2023/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularespecially for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high rpossible conclusion of a Status Agreement between the EU and Mauritania providing for the exerciske of becoming complicit in serious and most likely persistentexecutive powers would entail a high risk of violations of fundamental rights or international protection obligations that are of a serious nature and are likely to persist;
Amendment 66 #
2023/2087(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that iprovisions of the Model Status Agreement falls short tof addressing the above-mentioned concerns, this and could lead to accountability gaps, in the event of fundamental rights violations being committed either by the third country’'s authorities and/or by Frontex’s deployed personnel; ;2a _________________ 2a As the focus is on “accountability gaps”, this point should be specifically addressed to the relevant Mauritanian authorities. In line with the EBCG Regulation, Frontex has in place specific fundamental rights tools that would allow for possible fundamental rights violations committed by its deployed team members to be addressed without undue delay.
Amendment 76 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point a a (new)
Paragraph 3 – point 3.1 – point a a (new)
aa. Refrain from including specific provisions allowing for the agreement to be provisionally applied before the European Parliament assesses whether to give its consent to the agreement.
Amendment 79 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point b
Paragraph 3 – point 3.1 – point b
Amendment 84 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point c
Paragraph 3 – point 3.1 – point c
c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman; Ensure with necessary provisions that the relevant Mauritanian authorities set up an independent and effective complaints mechanism in accordance with the complaints mechanism as established by Frontex in line with Article 111 of Regulation 2019/1896. Asks the Agency to continue pursuing the development of its complaints mechanism, including in light of the recommendations of the European Ombudsman;3ca _________________ 3ca As the Agency already has set up an independent and effective complaints mechanism, it is important to highlight that the relevant Mauritanian authorities should do the same. Frontex should also continue its work to further develop its complaints mechanism.
Amendment 92 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e
Paragraph 3 – point 3.1 – point e
e. Similar to the Frontex Fundamental Rights Officer’s fundamental rights assessment prior to the launching of any Joint Operation on the territory of a third country, perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of the potential cooperation and to negotiate on the necessary safeguards; 3e _________________ 3e The proposed amendment highlights the good practice established by Frontex and its independent Fundamental Rights Officer prior to launch of any Joint Operation on the territory of a third country.
Amendment 96 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
Amendment 106 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whetheContinue to actively consult the FRO prior to the launch aing of any joint operation ion the territory of a third country covered by the Status Agreement, and treat the FRO’s opinion as binding; in line with the requirements of the EBCG Regulation;32a _________________ 32a Frontex already consults with the FRO prior to the launch of any joint operation on the territory of a third country. In addition, it is important that this INI report is in line with the requirements and obligations set on Frontex by the EBCG Regulation.
Amendment 116 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i
Paragraph 3 – point 3.2 – point b – point i
i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions ofInclude specific strong provisions on the complaints mechanism, including on how complaints are to be addressed to the Agency or the relevant Mauritanian authorities for actions performed by deployed staff in or host staff of the third country, and includeing clear provisions on the follow-up and tools of enforcement after complaints are lodged; 32b _________________ 32b The proposed amendment keeps the obligation to have strong provisions on the complaints mechanism in the operational plan and widening the scope to both the Agency but also to the relevant Mauritanian authorities in line with the Model Status Agreement.
Amendment 126 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
Paragraph 3 – point 3.2 – point b – point ii
ii. ensure aPursue Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full accesseek full access to the FRO and FRMs to the operational area;
Amendment 131 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point c
Paragraph 3 – point 3.2 – point c
Amendment 136 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point d
Paragraph 3 – point 3.2 – point d
d. eExplore and establish mechanisms for persons potwhere fundamentially affect rights violations are alleged by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity; independent actors, such as the Fundamental Rights Officer;32d _________________ 32d he proposed amendment proposes the FRO to take the role of independent actor in case of fundamental rights violations by the Agency, who could then indicate other independent actors for further handling should this be relevant.
Amendment 143 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point e
Paragraph 3 – point 3.2 – point e
e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and workIn parallel to the implementation of the Status Agreement, Frontex is to provide fundamental rights training to the relevant Mauritanian authorities, including with regard to SAR obligations;32e _________________ 32e A Status Agreement only serves as the legal basis for Frontex to launch a Joint Operation with executive powers on the territory of a third country, as agreed with the third country concerned. Frontex is able to conduct capacity building activities, within its mandate (thus not on the improvement of the asylum system; ), based on other cooperation tools.
Amendment 28 #
2023/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to maximise participaton of all its citizens, including socially vulnerable groups by strengthening their electoral rights trough awareness-raising campaigns, encourage their participation in public debates and thereby determine their future and fundamental rights that lie in the heart of EU; implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations and the use of assistive technologies, formats and techniques; calls on the Member States, furthermore, to allow for persons with disabilities, at their request, to receive assistance in voting from a person of their choice and to endeavour to provide for the possibility of postal voting, and possibly advance physical voting, proxy voting and electronic and online voting;
Amendment 31 #
2023/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Member States to adopt measures to keep their electoral process free from extremism, spread of desinformation and foreign interference;
Amendment 61 #
2023/2072(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Warns of the risk of Chinese companies having any involvement with EU strategic assets, especially those companies that have direct or indirect links to China’s military system; underlines, in this regard, its concern that technology and technological expertise will be transferred to China’s military, increasing the PLA’s ability to develop the next generation of military technology, which may be used to coerce partners in Asia and around the world; urges EU member states to increase regulatory oversight and introduce specific background checks over individuals and legal entities with direct ties to the Chinese government;
Amendment 75 #
2023/2072(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Further calls on the EU and member states to gradually reduce the dependence on China by diversifying the sources of critical raw minerals and rare earth elements to domestic production and urging the EU to assist member states in developing projects, such as lithium mining, that will aim for greater independence from Chinese production;
Amendment 78 #
2023/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RecallsIs deeply concerned that both diplomatic and military communication travels through privately owned undersea cables provided by Chinese companies, such as HMN Technologies, a PLA cyber intelligence– affiliated entity; expresses its grave concern over the undersea data cable systems operated by Chinese company HMN Technologies, which connect EU Member States’ territories and the Indo- Pacific region, including Member State and NATO military bases in the region, creating security vulnerabilities as regards underwater surveillance and the collection of intelligence;
Amendment 144 #
2023/2072(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that one third of all African infrastructure built since 2010 has been financed and constructed by Chinese state- owned enterprises; underlines that, over the past 20 years, China has increased its trade, investment and loan commitments with few or opaque contractual obligations; expresses concern that this Chinese model is clearly attractive to many countries that cannot satisfy EU requirements for accessing equivalent levels of finance, thereby expanding Chinese influence to the detriment of EU partnerships; expresses concern that Chinese investments and projects are gaining a significant influence and public presence, resulting in growing sympathy by local population for China; calls on the Commission and the EEAS to ensure that the EU’s high standards for investment with partners do not compromise it security relationships and engagement as a reliable and strategic partner;
Amendment 31 #
2023/2052(INI)
Motion for a resolution
Recital B
Recital B
B. whereas since 2011 half a million Syrians have died and 14 million have been displaced due to violent attacks by armed and terrorist groups, but mainly as a result of the fierce repression by the Syrian regime, with the help of its allies, of its own people; whereas this repression has included the repeated use of chemical weapons, incendiary bombs, barrel bombs, missiles and conventional aerial bombardments on civilians; whereas at least 150 000 Syrians are missing in the regime’s concentration-camp system and families have still not been informed of the fate of their loved ones; whereas over 1 500 civilians were killed by the Syrian regime during the sarin attack in Ghouta in 2013;
Amendment 47 #
2023/2052(INI)
Motion for a resolution
Recital C
Recital C
C. whereas authoritarian foreign actors, including Russia, the Wagner militia, Hezbollah and Iran, have played a destructive role for the country since 2011, and whereas the Syrian regime does not control the whole of national territory and can remain in power only with the support of these foreign actors and their proxy forces;
Amendment 71 #
2023/2052(INI)
Motion for a resolution
Recital E
Recital E
E. whereas ISISDaesh committed crimes against humanity, including genocide, in the territories temporarily under its control prior to the intervention of the international coalition;
Amendment 88 #
2023/2052(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Syrian state is not sufficiently addressinggnores the basic needs of the Syrian people, especially in parts of the Syrian territory that are not fully controlled by the Syrian regime, the country’s economic situation is extremely precarious and Syria has turned into a narco-state;
Amendment 102 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) reaffirm the EU’s strong support for Syria’s continued democratic aspirations, despite the regime’s total repression since the peaceful protests in 2011, which has been bolstered by decisive military and financial assistance from Iran and Russia to enable Assad and his cronies to retain power;
Amendment 106 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) stress the regime’s personal responsibility for the death of more than half a million civilians, the destruction of the country, the displacement of the majority of the population (the internally displaced alone are estimated at six and a half million people), the torture and disappearance of 150 000 people at the hands of the concentration-camp system, the use of chemical weapons against civilians and the systematic destruction of any democratic and peaceful opposition;
Amendment 111 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) oppose any normalisation of relations with the Assad regime without any profound and objectively verifiable developments in the implementation of UN Security Council Resolution 2254 (2015), including the release of political prisoners, informing the families of the victims about the fate of the missing and the cessation of any attacks and obstacles to humanitarian aid;
Amendment 132 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) deplore the continued presence on Syrian territory of hundreds of Iranian and Russian bases and militias; express deep concern about the economic exploitation of the country by predatory foreign powers;
Amendment 137 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) condemn the attacks by Turkish forces and their occupation of Syrian territories in the north; express their deep concern about the persistence of radical Islamist opposition in Idlib province; support the continuation of the international coalition against the Islamic State, which remains active in Syria despite significant defeats; call for a determined international effort to continue its fight against the Islamic State in Syria until its complete elimination;
Amendment 156 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) step up efforts to counter Russian disinformation about the Syrian civil war and other conflicts in the Middle East and Africa, including disinformation in the Arabic language;
Amendment 208 #
2023/2052(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) strongly condemn Russia’s countless vetos against delivering aid to the people in the north; denounce once again Russia’s attempts to tarnish the image of wWhite helmetHelmets; stress that the White Helmets play a significant role in the rescue of Syrian civilians, often at the cost of their own lives;
Amendment 26 #
2023/2029(INI)
Motion for a resolution
Recital C
Recital C
C. whereas due to limited resources, the external financing instruments have often been stretched to their limits; whereas, since the adoption of the Regulation establishing the Instrument, events such as the Russian war of aggression against Ukraine (which triggered a food, energy and cost of living crisis) and, growing malign influence of the People's Republic of China especially in developing countries, regional instability around the world, the impact of the COVID-19 pandemic, and other challenges have exacerbated the situation to such a degree that an early mid-term evaluation (MTE) of the Instrument and a mid-term revision (MTR) of the multiannual financial framework (MFF) are necessary;
Amendment 32 #
2023/2029(INI)
Motion for a resolution
Recital D
Recital D
D. whereas project implementation under the Instrument cannot yet be evaluated fully, as it is still in itsdue to being in early stages;
Amendment 45 #
2023/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the need to review the EU’s external and development policies in the light of geopolitical changes; recognises the enhanced importance of strategic partnerships with partner countries and the specific role of EU investments, which have to reflect both the interests of the EU and the interests of our partners, as well as the EU's founding values;
Amendment 49 #
2023/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reaffirms its unwavering support for Ukraine; stresses, however, that this support should not come at the expense of other partners and third countries, whose EU funding should not be cut; calls, therefore, for a thorough evaluation of the Instrument’s resources, which should also assess whether they are sufficient to meet the Instrument’s objectives, and also to ensure that they continue to be relevant in the context of on-going geopolitical challenges;
Amendment 60 #
2023/2029(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the consolidation of most of the EU’s external action in a single Instrument, gradually streamlining and harmonising the numerous previous instruments; is of the opinion, however, that although this simplification has enhanced flexibility and efficiency, it has not been accompanied by sufficient levels of effective accountability;
Amendment 67 #
2023/2029(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the MTE to evaluate in depth the Instrument’s capacity to achieve the EU’s overall external policy goals, and particularly the objective of contributing to the promotion of multilateralism, sustainable development and of protecting, promoting and advancing democracy, the rule of law and human rights and fundamental freedoms;
Amendment 78 #
2023/2029(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the MTE provide legal and political clarity with regard to the listing of Ukraine, and Moldova and Georgia as beneficiaries under the neighbourhood chapter of the Instrument; notes that these countries have become candidates for accession to the EU and, together with Georgia's pendingcandidacy subject to the decision of the Council on its candidacy, should therefore be listed as beneficiaries with the adequate budgetary transfer of bilateral financial envelopes to the Instrument for Pre- accession Assistance (IPA III) Regulation10 ; welcomes the Commission’s proposal for a Ukraine facility to meet immediate needs, but stresses the importance of using a long- term instrument; _________________ 10 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1).
Amendment 87 #
2023/2029(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the MTE to assess, in particular, the extent to which funding has delivered tangible results in Africa and whether a review of priorities and objectives is necessary;
Amendment 105 #
2023/2029(INI)
10. Reaffirms the commitment set out in the Instrument to eradicating poverty, fighting inequalities and discrimination and promoting sustainable human development;
Amendment 121 #
2023/2029(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reaffirms the commitment outlined in the Instrument to addressing the root causes of irregular migration and forced displacement; is of the opinion that, without prejudice to unforeseen circumstances, the commitment within the Instrument to dedicate an indicative 10 % of the Instrument’s financial envelope to actions supportaddressing the management and governanceroot causes of migration and forced displacement within the objectives of the Instrument should be respected and that this clause should not be reopened;
Amendment 138 #
2023/2029(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the specific role of EU investments, which must reflect the strategic interests of both the EU and our partner countries, as well as the EU's founding values and principles, and underlines the important part played by the budgetary guarantees in delivering them under the ‘policy first’ principle; highlights the importance of ensuring that the guarantees counterbalance the risk involved in the highest-risk countries for investment so that relevant investment is also directed to them where possible;
Amendment 148 #
2023/2029(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the specific role played by the EIB in the European financial architecture for development, as set out in Article 209 of the TFEU and in Article 36 of the Regulation establishing the Instrument, and acknowledges the EIB’s potential to mobilise additional funding that contributes to the Instrument’s objectives; welcomes the creation of EIB Global, which has been operational since 1 January 2022 and sets out to increase the bank’s presence and expertise in developing countries; and calls for a more active EIB role in mobilising funding for sustainable investment;
Amendment 182 #
2023/2029(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Global Gateway strategy as a concerted EU response to global challenges; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and priorities; calls for a faster pace of implementation of the strategy in light of existing and emerging global challenges
Amendment 195 #
2023/2029(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the importance of the programming process, underlining the crucial role of the EEAS and EU delegations in this regard, as well as in ensuring the proper inclusion of partner countries throughout the process, including by fostering close consultation of and association with local authorities, in order to identify common priorities and enhance partner countries’ sense of ownership; stresses, furthermore, the important role of civil society organisations and, where relevant, private sector in the programming process;
Amendment 197 #
2023/2029(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets the rushed programming process that took place in the second half of 2021, preventing adequate scrutiny by Parliament; calls on the Commission to ensure a more predictable and transparent programming exercise, to develop a standardised, comparable and transparent methodology for allocating funds to neighbourhood countries, to ensure rigorous application for non- neighbourhood countries and to clarify the methodology for assessing the impact of EU’s support and ensure its relevance in a developing geopolitical context;
Amendment 213 #
2023/2029(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Requests that the MTE be used to the fullest extent possible in order to update either the Instrument or its delegated acts on priority areas and to reassess the validity of the geographic and thematic MIPs, including more prominent conditions relating to compliance with international law, alignment with the EU’s foreign policy and the application of the associated suspension mechanism, as a last resort, where the foreign policy of an Instrument beneficiary country diverges completely from EU foreign policy objectives;
Amendment 216 #
2023/2029(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the MTE should be accompanied by the necessary legislative changes to the Instrument and the IPA III so that the relevant regulations reflect Ukraine and Moldova’s new status as EU candidate countries (and that of Georgia pending future decision of the Council), and by a new delegated act setting out the specific objectives and priority areas of cooperation for each region;
Amendment 221 #
2023/2029(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the geopolitical challenges that emerged with the Russian war of aggression against Ukraine and the growing malign influence and assertiveness of the People's Republic of China require the Instrument’s budget to be increased considerably; highlights that the challenges are spread all over the world, meaning the EU must increase its geopolitical influence; stresses that it will only be possible to respond to these challenges in a balanced way if the proportion of allocations for each area of the Instrument is kept the same;
Amendment 231 #
2023/2029(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Insists that Parliament is part of Team Europe and should be treated as such, and therefore expects more frequent, detailed and meaningful information about the implementation of the Instrument and its impact;
Amendment 77 #
2023/0138(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The fiscal governance framework, which is the subject matter of this Regulation, is a part of the European Semester, which also comprises the coordination and surveillance of broader economic andpolicies and the coordination and examination of employment policies of the Member States, in accordance with Articles 121 and 148 TFEU.
Amendment 89 #
2023/0138(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure the implementation of the medium-term fiscal- structural plans, the Commission and the Council should monitor the reform and investment commitments made in these plans under the European Semester, based on the annual progress reports submitted by the Member States, and in accordance with the provisions of Articles 121 and 148 TFEU. To that effect, they should engage in a European Semester dialogue with the European Parliament.
Amendment 101 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In order to ensure closer coordination of economic policies and sustained convergence of the economic and social performance of the Member States, the Council and the Commission shall conduct multilateral surveillance withinas an integral part of the European Semester for economic policy coordination in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Councilreaty on the Functioning of the European Union (TFEU).
Amendment 104 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The European Semester shall include:
Amendment 106 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the formulation, and the surveillance of the implementation, of the broad guidelines ofor the economic policies of the Member States and of the Union (broad economic policy guidelines) in accordance with Article 121(2) TFEU, of country-specific recommendations and of the recommendation on the economic policy of the euro area;
Amendment 109 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the formulation, and the surveillanceexamination of the implementation, of the employment guidelines that are tomust be taken into account by Member States in accordance with Article 148(2) TFEU, including the European Pillar of Social Rights, and of the related country-specific recommendations (employment guidelines);
Amendment 128 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmaps;
Amendment 156 #
2023/0138(COD)
Proposal for a regulation
Annex VI
Annex VI
Amendment 158 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1
Annex VI – paragraph 1
Amendment 159 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point a
Annex VI – paragraph 1 – point a
Amendment 160 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point b
Annex VI – paragraph 1 – point b
Amendment 161 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point c
Annex VI – paragraph 1 – point c
Amendment 162 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point d
Annex VI – paragraph 1 – point d
Amendment 14 #
2023/0008(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States and the Commission (Eurostat) should have sustainable access to the widest possible range of data sources to produce European statistics on population and housing of high quality and in a cost-effective manner. Those data sources should, however also contain the data related to people hard to survey and to capture in their national statistics, such as homeless people, people living in informal settings etc. In this regard, it is crucial that national statistical authorities get timely access and are able to use promptly the administrative data owned by public administrations at national, regional and local level, in accordance with Article 17a of Regulation (EC) No 223/2009. For example, statistics on energy efficiency of buildings can be based on administrative data relating to the issuance of energy certificates of buildings under Directive 2010/31/EU of the European Parliament and of the Council31 . The national statistical institutes also need to be involved in decisions concerning the design and redevelopment of relevant administrative data sources to ensure that they can be further reused for compilation of official statistics. _________________ 31 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 54 #
2022/2188(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 57 #
2022/2188(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls the importance of cross- border connectivity by air, by road and by sea; notes the need for coordinated approach to irregular migration to maintain highest levels of security but not hinder with the provision of goods and services; is concerned by the provisions of Clandestine Entrant Civil Penalties Scheme and the amendment of Carriers’ Liability Regulations from 13 February 2023; regrets the disproportionate fine system for EU hauliers, truck drivers and companies especially in cases where the migrant interceptions are unknown; calls on both parties to find balanced solution in future deliberations;
Amendment 2 #
2022/2134(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recognises that agencies provide common centres of expertise and networking and are indispensable for the implementation of EU policies; reminds that Union agencies use significant resources and their number has increased over the years; notes that all agencies should effectively perform their mandates;
Amendment 4 #
2022/2134(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that for the 2021 financial year, the Court issued unqualified (“clean”) audit opinions on the accounts of all 44 agencies; Stresses that the Court issued three ‘emphasis on the matter’ paragraphs ion relation to Frontex; is concerned about weaknesses in recruitment at Frontex related to the evaluation process; reiterates its deep concern about the findings of the OLAF reportfour agencies, including on Frontex accounts; notes that in this regard no impact has been identified on the operating revenue of the statement of financial performance of the agency for 2021; notes that the Court reported weaknesses related to various aspects of recruitment procedures, including evaluation processes and vacancy notices for nine agencies, including three JHA agencies; reaffirms that the granting of discharge in respect of the implementation of the budget of the JHA Agencies is conditional on the Agencies’ accountability and transparency, fundamental rights compliance, and commitment to comply with Union law; recommends the Committee on Budgetary Control to postpone granting the discharge to Frontex in respect of the implementation of its budget for the financial year 2021 until Frontex fully complies with such requirements and there are no further instances of fundamental rights violationcompliance with the relevant legal and regulatory framework requirements and use in accordance with the principle of sound financial management, i.e., the principles of ‘economy’, ‘efficiency’ and ‘effectiveness;
Amendment 10 #
2022/2134(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the EDPS requested to the Court of Justice of the European Union to annul two provisions of the revisamended Europol Regulation, as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the EDPS; recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of Europol’s budget commends the action taken by Member States, operational cooperation partners and Europol, as no request was made to apply Article 74a and all contributions from before the financial year 2021 until the Court of Justice of the European Union delivers its judgemententry into force of the amended Europol Regulation have meanwhile been assigned with a Data Subject Category;
Amendment 12 #
2022/2134(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for eu-LISA, for which a qualified opinion was issued because of six payments that were considered not compliant to the provisions of framework contracts, amounting in total to EUR 18.11 million in 2021, representing 6,2 % of the total payment appropriations available in 2021; welcomes that eu-LISA complied with its duty to record the payment actually affected by potential error/irregularity in the internal control system of eu-LISA through a non- compliance report and an exception report;
Amendment 14 #
2022/2134(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Expresses deep concern that public procurement weaknesses are increasing andNotes that weaknesses in public procurement procedures remain the largestmain source of irregular payments and that the Court reported contracts affected by various sorts of public procurement shortcomings, in relation to contracts signed by Frontex, eu-LISA, CEPOL and EASOcluding for payments made in the 2021 financial year, stemming from irregular procurement procedures reported in previous years for 22 agencies including CEPOL, eu-LISA, Eurojust, EASO and Frontex;
Amendment 18 #
2022/2134(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern the Court’s findings on weaknesses in management and control systems in relation to 16 agencies including Frontex, Europol, CEPOL and EPPO;
Amendment 22 #
2022/2134(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that weaknesses in various aspects of budgetary management can result in high carry-overs or late payments, which can, in some cases, be justified by the multi-annual nature of operations or circumstances outside the Agency’s control, such as delays of the Member States in introducing their claims for grants; is concerned that the Court found such shortcomings at Frontex, eu-LISA, EPPO, and FRA;
Amendment 23 #
2022/2134(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. ApplaudWelcomes that the Court has decided to examine potential ‘revolving door’ situations in its audit and asks that this topic, as well as the associated risk of conflict of interests, is also included in future annual report be followed up in future annual reports; recognizes that Agencies mostly comply with their legal obligations; sShares the opinion by the Court that Agencies are particularly prone to the risk of ‘revolving door’ situations; expresses deep concern due to their governance model, which includes boards; acknowledges that the EU legal framework applicable to managing ‘revolving door’ risks lacks clear requirements on compliance and monitoring, and that it do not apply to members of the agencies’ boardbasis is, however, currently weak; notes that the Agencies have little control over the members of Management boards as member states appoint them; Recognizes the difficulty for Agencies and their Management Boards to implement effective measures in the absence of clear legal provisions on how to prevent and manage the issues of conflict of interest and revolving doors;
Amendment 29 #
2022/2134(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. CWelcomes that Europol and FRA have implemented their own internal rules for board members; calls on the Commission to propose reasonable changes to prevent any risk of ‘revolving door’ and conflict of interest; in members of agencies’ boards to which current rules do not apply;
Amendment 31 #
2022/2134(DEC)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 34 #
2022/2134(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. CWelcomes that for the 139 observations that had not been addressed at the end of 2020, corrective action had been completed in 67 cases and was ongoing in 39 cases in 2021; calls on the agencies to ensure follow-up on current and previous year’s audit observations by the Court;
Amendment 35 #
2022/2134(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Requestminds that cooperation among JHA agencies ismust be fully transparent and accountability ensured; calls onrequests all JHA agencies to take measures to ensure full compliance with financial regulations, EU transparency rules as well as with fundamental rights and data protection and sound budgetary management standards;
Amendment 37 #
2022/2134(DEC)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 41 #
2022/2134(DEC)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on all JHA agencies to ensure a gendertake into consideration gender and geographically balanced distribution on all levels of staff and report to the discharge authority on implemented measures and progress; notes that agencies have no influence on the nomination of management board members;
Amendment 1 #
2022/2124(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights the importance of a strong, effective and well-functioning European Border and Coast Guard Agency (Frontex or the Agency), able to assist Member States to manage the common external borders of the European Union and to ensure an integrated border management with a view to managing those borders efficiently and in full compliance with fundamental rights, and to increasing the efficiency of the Union return policy; stresses that effective management of the external borders is of crucial importance for the protection of the Schengen as an area of freedom, security and justice; stresses that close cooperation and agreements with third countries in aspects like readmission agreements, technical assistance, training, and return activities, together with development aid are important to guarantee an efficient EU border management;1a _________________ 1a FRONTEX Strategic Risk Analysis 2022
Amendment 2 #
2022/2124(DEC)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 4 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the EU Agency that received more significant budget increases in the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period, in line with its new responsibilities; recalls that Frontex started with a budget of €6 million in 2005, and it is receiving now €741 million in 2021; recalls that the European Border and Coast Guard Agency has been strengthened in terms of staff and technical equipment with its new mandate in 2019; notes that in view of the complex geopolitical situation, the importance of Frontex in supporting Member States increased significantly and efforts must continue in terms of human and material resources;
Amendment 14 #
2022/2124(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the Court’s observation concerning weaknesses in recruitment procedures, which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays; takes also note of Frontex' reply stating that Frontex acknowledged a room for improvement in the implementation of the defined rules on selection procedures and that in January 2022 adopted more clear instructions to the selection committee members ensuring more consistent assessment and harmonised procedures; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays but likewise takes note that there were various reasons for these delays that were not always under the Agency’s control, for example, several late payments, with high amounts that stem from delays of the Member States in introducing their claims for grants; welcomes the Agency's commitment to continuously improving in the field of late payments, as stated in its reply to the Court;3a _________________ 3a https://www.eca.europa.eu/Lists/ECADoc uments/AGENCIES_2021/AGENCIES_2 021_EN.pdf
Amendment 16 #
2022/2124(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the Court, in two audited recruitment procedures, found that the selection committees applied the arithmetical average of their members’ individual assessments, instead of the consensual method prescribed by the Agency internal guidelines; further notes the lack of clear standards or instructions to selection committee members on how to assess the individual selection criteria; acknowledges that these weaknesses undermine the principles of transparency and equal treatment of the candidates in recruitment procedures and may expose Frontex to reputational and legal risks;
Amendment 19 #
2022/2124(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that the current occupancy rate in the Agency is 79%, the highest occupancy rate since the new European Border and Coast Guard Regulation in 2019 (2019/1896); acknowledges that timely recruitment and achieving geographical balance remain challenging mainly due to a low coefficient rate for Poland; further notes that the low coefficient rate for Poland is a long standing challenge for the Agency, which has been exacerbated in recent months by record high inflation in the country, reaching 16,6% in December 2022;
Amendment 21 #
2022/2124(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NotWelcomes the drawing up of a fundamental rights strategy and action plan; regretnotes that the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes thatwelcomes however that since mid-October 2022, the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staffrecalls that, according to the same provision, the executive director shall assess on an annual basis whether the number of fundamental rights monitors needs to be increased in consultation with the fundamental rights officer; following that assessment, the executive director shall, where necessary, propose an increase forin the Agency, the Fnumber of fundamental Rrights Officer still lacks adequate human resourcesmonitors to the management board for the following year depending on operational needs; notes that out of the 46 staff members, 31 are Administrators and 15 are at Assistant level; furges the Agency to provide its fther notes that in addition to Fundamental Rights monitors, the Fundamental rRights oOfficer with adequate resources and staff has also almost 20 staff members; welcomes the Agency commitment to further appoint staff at Administrative level should the Agency Establishment Plan allow it;
Amendment 30 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fand the Executive Director must work closely with the Fundamental Rights Officer and play a proactive role in ensuring that Frontex activities are always in compliance with Fundamental rRights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or termina; welcomes the positive progress made by the Agency, particularly the decision of 25 January 2022 detailing standard operating procedures for the implementation of Article 46 of Regulation (EU) 2019/1896 drafted in accordance with the comments and observations of the Member States and Schengen Associated Countries, Frontex Fundamental Rights Officer, and the Frontex Consultative Forum on Fundamental Rights; takes note,s or not launch Frontex activities in cases where such risks arf the opinion of the Fundamental Rights Officer arguing for more Frontex involvement to monitor and support Member States in their obligations set out in the EU acquise;
Amendment 39 #
2022/2124(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its utmost concerns with regard to allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its call on the Agency to susptakes note of the findings of the Fundamental Rights Officer Annual report 2021 which states that there was no evidence of Frontex staff’s involvemendt its open unlawful practions supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fces in Lithuania, Latvia and Bulgaria, and the admissible complaints concerned Frontex operational areas in Albania, Croatia, Greece, and Spain; demands the Agency to monitor the correct implementation of return procedures by the Hungarian authorities and to ensure the respect of fundamental rights in returns carried out with Frontex assistance, in line with the Fundamental Rights Officer’s recommendations; takes note that since 2020, there have been no operational reports, either by staff deployed in returns from Hungary or by the independent monitors, no complaints, no serious incident reports, and no communication of any other type to the Agency on alleged violations of fundamental rights in cases of Frontex assisted returns from Hungary; also notes that there is no evidence of violations of fundamental Rrights of the European Union; in case of returns carried out with Frontex assistance in Hungary;6a _________________ 6a https://frontex.europa.eu/assets/Images_N ews/2022/Fact_Sheet_on_Frontex_discha rge.pdf
Amendment 43 #
2022/2124(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the finding that the Agency had never been involved in returns relating to the Hungarian laws Act LXXXIX of 2009 and Act LVIII of 2020 which were deemed not in line with the European acquis by the Court of Justice of the European Union; notes the confirmation by the Hungarian authorities that they had not requested nor would request Frontex support of cases of migrants to be returned in application of national act LXXXIX of 2007 and Act LVIII of 2020; notes that Frontex increased monitoring activities in Hungarian returns and strengthened consultation and cooperation with the Fundamental Rights Officer on Hungary, among others, in terms of monitoring activities, to further ensure the respect of fundamental rights in returns carried out with Frontex assistance; welcomes that following the opinions and recommendations of the Fundamental Rights Officer regarding his assessment of the situation in Greece, the former Executive Director ad interim and the Fundamental Rights Officer engaged with the Hellenic authorities to establish safeguards for the implementation of the fundamental rights framework in operational activities carried out in Greece; endorses that further to these discussions, the Hellenic authorities drew up an Implementation Plan for the implementation of the safeguards, which was recognized as a good achievement by the Agency’s Fundamental Rights Officer and the Management Board;
Amendment 46 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontexon the misconductof several individuals employed by the Agency in, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considerstakes note that in October 2022 some media organisations have released the report; while acknowledging that the findings of the OLAF report arcan be a matter of public interest and should be made public without further delay, deplores the fact the publication of a confidential report is in clear breach violation of the requirements laid down in Articles 10(3) and 17(4a) of Regulation (EU, Euratom) No 883/2013, to respect the confidentiality of the investigation conducted by OLAF as well as the legitimate rights of the persons concerned, including their data protection rights;
Amendment 53 #
2022/2124(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the follow-up by the Agency on the publication of the OLAF report, in particular the identification of, aside from findings on serious misbehaviour of individual former employees, three key issues, namely the fact that the Fundamental Rights Officer was prevented from accessing operational information, the fact that the Fundamental Rights Officer was not assigned as case handler for reports on serious incidents with alleged violations of fundamental rights, and the fact that staff members who reported serious incidents to the hierarchy were ignored by the individuals investigated by OLAF; welcomes the work done by the Agency to improve the management culture and promote staff well-being, including the decentralization of decision-making to distribute responsibility and ownership of decisions, encouragement of open dialogue through Agency’s Management meetings, the development of a comprehensive internal communication strategy, strengthening of internal communications team, the enlargement of the network of Confidential Counsellors, whose aim is to foster a safe and inclusive working culture where there is zero tolerance for harassment, discrimination or inappropriate behaviour; further welcomes the decision of the Management Board of July 2022 on the obligations of the Management Board and Executive Director to inform the Consultative Forum on the follow-up of its recommendations and to ensure that action is taken with regard to the recommendations of the Fundamental Rights Officer; notes that the first Internal Audit Capacity internal audit is foreseen for Q-4 2022 - Q-1 2023 focusing on Frontex codes of conduct;
Amendment 59 #
2022/2124(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at Europe’s external borders (PeDRA, or ‘Processing of PNotes that PeDRA (Processing of Personal Data for Risk Analysis) was a project implemented between 2015 and 2017 to fight against cross-border crime and that it allowed the Agency to develop capabilities required for processing personal data, as one of the measures undertaken to combat criminal smuggling networks; notes that Frontex has been processing only operational personal Ddata for Risk Analysis’), Frontex and the European Commission side-lined their own dof suspects of cross-border crime and terrorism; notes that after receiving the EDPS opinions on Frontex data processing rules, the Agency’s Data pProtection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into Europol’s criminal databasesOfficer prepared an Action Plan to implement the EDPS recommendations; asks the Management Board to inform the European Parliament about the implementation of these recommendations and the measures taken to ensure full compliance with the EU data protection rules; further notes that the PeDRA team has not implemented any processing activities that have not been approved by the EDPS;
Amendment 66 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agencythe conclusions presented in the OLAF report on the investigation conducted with respect to the activities of the Agency under the former executive leadership, together with other observations led the European Parliament to refuse discharge of the Agency’s 2020 budget; notes however that those circumstances were not present in 2021;
Amendment 67 #
2022/2124(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds that the Agency is accountable to the European Parliament, and that the Parliament is resolved to ensure that the Agency contributes to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, in particular the Charter of Fundamental Rights of the European Union; highlights that, in order to achieve this goal, an enhanced cooperation with the Frontex Management Board by strengthening the transparency, accountability and democratic oversight of the Agency is needed;
Amendment 69 #
2022/2124(DEC)
9 b. Welcomes the various actions taken by Frontex in the past months to improve its activities and standards and to meet the expectations; welcomes particularly the actions taken in the field of budgetary and financial management, fundamental rights, organisational culture and transparency; takes note of the decision of the Management Board in its extraordinary meeting on 20 December 2022, to appoint Mr Hans Leijtens as the new Executive Director of the European Border and Coast Guard Agency;
Amendment 70 #
2022/2124(DEC)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Welcomes the establishment of Public Register of Documents where a wide range of documents is published; notes that to process the increasing number of applications for public access to document in a timely manner, the Transparency Office has been strengthened; welcomes also the development of the Agency’s external communication strategy cutting down response time to media requests; welcomes the establishment of an Internal Audit Capacity and the adoption of the internal Audit Charter; notes the strengthening of Inspection and Control Office of the Agency;
Amendment 79 #
2022/2124(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.
Amendment 8 #
2022/2123(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores that FRA’s establishment plan has not been increased since 2017; further deplorrecognises that the increase in workload and requests, particularly after the entry into force of the new mandate which introduced new activities in the areas of justice and police cooperation, was not accompanied only with additional minor increase of resources;
Amendment 11 #
2022/2123(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that FRA had carried over €7 million (27 %) of 2021 commitment appropriations to 2022; reiterates its regretnotes that the levels of carry-overs of committed appropriations for operating expenditure remained high; acknowledges the answer from FRA emphasizingnd contradict the budgetary principle of annuality; acknowledges that these carry-overs mainly reflect the nature of FRA’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes the concrete actions that FRA has established to improve its budget planning and its implementation cycles; welcomes a high outturn rate and the low level of cancelled appropriations which contribute to sound budget management;
Amendment 18 #
2022/2123(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the cooperation with other EU agencies, bodies and civil society in order to ensure there is compliance with fundamental rights; notes that FRA contributed to a total of around 60 activities in the JHA area.; welcomes that FRA concluded a further working agreement with the Europol and CEPOL and enhanced its cooperation with Eurojust;
Amendment 2 #
2022/2121(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (‘The Court’) has declared the transactions underlying the annuals accounts of the European Union Agency for Law Enforcement Cooperation (Europol) for the financial year 2021 to be legal and regular in all material respects; recalls that the budget of the Agency increased in 2021 from EUR 183 to 210 million (+14,75%), while members of staff increased from 884 to 9579 (+10,745%) within the same period; 1a; _________________ 1a ECA annual report on EU agencies for the financial year 2021 (‘ECA annual report for 2021’), see page 268 (Figure 3.33.1), available at: https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=62271 [-/-2]979 / 884 = 1,107466 ó10.75 %
Amendment 6 #
2022/2121(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretDiscerns the reported weaknesses iobservations2a on management and control systems, namely two cases ofin one case2b concerning the process to assess a potential conflict of interest situation in relation to a senior manager taking up a job elsewhere, whenin which case Europol did not issue its decision within the deadlinetimeline set in Article 16 of the Staff Regulations and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of Article 16 of the Staff Regulations; ; notes Europol’s response to the Court’s observations, outlining that an ex-post assessment confirmed that Europol was not exposed2c to a conflict of interest situation; acknowledges that Europol, together with only eight other decentralised agencies2d, has specific provisions covering the risk of ‘revolving door’ situations in relation to members of the board; _________________ 2a ECA annual report for 2021, see page 270 (Section 3.33.9): The ECA refers to “observations on management and control systems” 2b ECA annual report for 2021, see page 270 (Section 3.33.9): The ECA report states that two cases were assessed by Europol, while only in one case, the ECA made comments on the timeline of the decision-making. 2c ECA annual report for 2021, see page 272 2d ECA annual report for 2021, see page 58 (Box 2.8)
Amendment 13 #
2022/2121(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretNotes that the observation from the Court stressing that late payments were issued by the Agency in 33% of the cases in 2020 is still ongoing; expresses concern that, according to the Court, similar levels of delays were observed in previous years; shares the opinion by the Court that this recurrent weaknesses exposes Europol to reputational risks; requests the Agency to increase its efforts to address all the observations from the Court; the Agency had paid late in 33% of the cases in 20203a , while in 2021, payment delays were reduced to 8%3b; highlights the opinion by the Court3c that the Agency should continue its efforts to address all the observations from the Court; _________________ 3a Source: ECA annual report for 2021, see page 271 3b ECA annual report for 2021, see page 271, information provided to the ECA by Europol (reduction to 8% in 2021). 3c ECA annual report for 2021, see page 271, information provided to the ECA by Europol (reduction to 8% in 2021). The ECA wants Europol to continue its efforts to keep payment delays at low levels.
Amendment 18 #
2022/2121(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that on 16 September 2022, the EDPS requested that the Court of Justice of the European Union annul two provisions of the revisamended Europol Regulation, namely Articles 74a and 74b, as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the EDPS; reminds that articles 74a and 74b have the effect of legalising retroactively Europol’s practice of processing large volumes of individuals’ personal data with no estab commends the action taken by Member States4b, operational cooperation partners and Europol, as no request was made to apply Article 74a and all contributions from before the entry into force of the amended Europol Regulation have meanwhile been assigned with a Data Subject Category (DSC)4a; _________________ 4a Current proceedings with the CJEU: The LIBE opinion cannot pre-empt the ruling of the CJEU of the EDPS motion and the official response of the Parliament to the CJEU as institution. 4b Europol reported to the EDPS in November 2022 that Article 74a was never applied, as Member States etc. did not request to make use of Article 74a. Accordingly, there is no materialished link to criminal activity, which the EDPS found to be in breach of Europol’s Regulation; effect. Meanwhile, the 231 contributions under Article 74b, reported to the EDPS in November 2022, have all been assigned with a Data Subject Categorisation (DSC). The suggested wording reflects these facts.
Amendment 21 #
2022/2121(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. ICalls concerned about the enhanced and non-transparent cooperation between Europol and Frontex; reminds the reports about F the Agency to take measures to continuously reinforce compliance with EU transparency rules5a as well as with fundamental rights and data prontex’s PeDRA program ‘Processing of Personal Data for Risk Analysis', which allows Frontex border guards to collect sensitive personal data from migrants and asylum seekers to process and share it with Europol and security agencies of Member States, and to scan social media profiles; requests that cooperation among JHA Agency is fully transparent and accountability ensured; calls on the Agency to take measures to ensure full compliance with EU transparency rules as well as with fundamental rights and data protection standards; ction standards; welcomes the swift appointment of the Europol Fundamental Rights Officer which was introduced with the amendments to the Europol Regulation that entered into force on 28 June 2022; _________________ 5a There was a dedicated session in the LIBE Committee on 8 November 2022 in which both Frontex and Europol provided answers. In addition, the topic was covered in the questions & answers at the Europol JPSG meeting on 24-25 October 2022, and before that, the topic was covered in a related JPSG written question (response given on 10 October 2022). Against this background, both Frontex and Europol provided information. In addition, this LIBE opinion is about the discharge of Europol.
Amendment 28 #
2022/2121(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned aboutDiscerns the individual complaints introduced against Europol for access to personal data and the lack of follow up done by the Agency to those requests, conducing to an order bya timely decision on the case by the EDPS, almost two years after the citizen complained to the EDPS6a; calls for an immediate closure by the EDPS with support from Europol and the competent authority in the concerned Member State; _________________ 6a Twitter announcements by the concerned citizen, information provided by Europol to the EDPS: The case referred to in the draft LIBE opinion on EDPS discharge concerns one complaint of a citizen (not several cases). Timeline: In March 2020, Europol received the data subject access request, Reply in June 2020: “… there are no data concerning you at Europol to which you are entitled to have access …” [under the Europol Regulation]. In October 2020, the data subject complained against the answer from Europol with the EDPS. In September 2022, the EDPS; is extremely concerned by the deletion of those data by the Agency without allowing the data subjesued a decision, instructing Europol to “… comply with the complainant’s request …, by providing the complainant with the full set of information which he is entitled to receive …”. The EDPS outlined at the same time that “Both Europol and the complainant may ask for a review by the EDPS of the present Decision within one month of receiving this letter…..” Europol, in addition to the citizens, requested a review by the EDPS, enclosing, inter alia, supporting evidence, outlining that “… access to the full set of information … was partially rejected by the Police … on the basis of … the national Police Data Act, to access in spite of EDPS decision; ransposing the Law Enforcement Directive …, in order to avoid adverse consequences for the prevention, detection, investigation and prosecution of criminal offenses …” Now in January 2023, the EDPS has not yet issued the final decision in the case, despite the fact that the citizen and Europol requested a review, and the citizen put forward a motion to the CJEU in the case at hand.
Amendment 32 #
2022/2121(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the Court of Justice of the European Union delivers its judgement; 7a; _________________ 7a The EU Financial Rules do not foresee to connect the outcome of a CJEU proceeding with discharge. In addition, the CJEU case is against the legislator, not Europol.
Amendment 1 #
2022/2120(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Union Agency for Criminal Justice Cooperation (Eurojust) for the financial year 2021 to be legal and regular in all material respects; notes that its budget in 2021 increased from EUR 51 million to EUR 57 million (+11.76%) while its staff increased from 242 to 254 (+4.95%); whereas casework increased by 15%; welcomes that Eurojust implemented 99.97% of its final budget, excluding external assigned revenue, and cancelled only 2.6% of the EUR 6.2 million carried-over from 20201a; _________________ 1a Source: Eurojust Consolidated Annual Activity Report 2021 p 3.
Amendment 4 #
2022/2120(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that Eurojust is among the 22 EU agencies for which the Court reported contracts affected by public procurement shortcomings; notes, in particular, that a that audit report for the 2020 financial year considered procurement procedure for leasing of vehicles was irregular and that all subsequent payments made based on this framework contract were irregular; notes that with regard to the Court’'s ongoing observation from 2020 on the legality and regularity of transactions, the status of corrective action is reportedly ongoing and remedies have been already foreseen;
Amendment 7 #
2022/2120(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates Eurojust’s extensive activities in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnationalserious cross-border organized crime; welcomes that in 2021 the agency offered, for the first time in its history, support to over 10 000 cross-border criminal investigations, provided 1 928 rapid responses to judicial cooperation requests and participated in over 1 400 large-scale operations and guaranteed legal, financial and/or operational support to 254 joint investigation teams;
Amendment 9 #
2022/2120(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the working arrangement with European Public Prosecutor’s Office (EPPO) signed in February 2021 and the close cooperation with the European Anti-fraud Office (OLAF), European Union Agency for Law Enforcement Cooperation (Europol), and the European Data Protection Supervisor (EDPS) and encourages further development of operational cooperation with the European Border and Coast Guard Agency (Frontex);
Amendment 10 #
2022/2120(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes that Eurojust and the European Union Agency for Fundamental Rights (FRA) intend to increase their cooperation in the future; supports the perspective of strengthened cooperation between Eurojust and the FRA, in particular with regard to detention conditions problems, access to lawyers, and victims’ rights.; furthermore welcomes and encourages further developed operational cooperation with Europol;
Amendment 6 #
2022/2117(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the factcalls that the Court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of eu- LISA both for 2020 and for 2021; notes the Court’s explanation that the qualified opinion was issued in relation to six payments that were considered not compliant to the provisions of framework contracts, and other payments identified outside the initial sample affected by the same non- compliance, amounting in total to EUR 18.11 million in 2021, representing 6,2 % of the total payment appropriations available in 2021; welcomes that eu-LISA complied with its duty to record the payment actually affected by potential error/irregularity in the internal control system of eu-LISA through a non- compliance report and an exception report;
Amendment 9 #
2022/2117(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the eu-LISA signed a specific contract of €40 million to implement a framework contract related to large-scale IT systems, without specifying the details of the services acquired and with an extended duration; highlightnotes the repeated concerns by the Court about the risk associated with the practice of giving resources to eu-LISA before the adoption of legislation; notes eu-LISA’s explanation that the contract was concluded under a working modality (Quoted Time and Means) foreseen in the corresponding framework contract with a view to enabling the flexible adaptation of the project to the emerging dependencies of EES; recalls, furthermore, that this specific contract was audited by the Court for the financial year 2020 and no observations were received;
Amendment 13 #
2022/2117(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concernedNotes that eu-LISA amended the value of three contracts, two in 2021 and one 2019, which increased the maximum amount of the contracts by 50 % (€70.4 million, €20 million and €40 million respectively); shares the opinion by the Court that eu-LISA should improve the contracts management to ensure that specific contracts are always aligned with the framework contracts; highlights, however, eu-LISA’s justification that the increase was done in full transparency in the underlying calls for tenders and in full compliance with the financial rules, as a result of changes in the legislation, which was acknowledged also by the Court;
Amendment 18 #
2022/2117(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the Court’ ongoing observations from 2018, 2019 and 2020 on the budgetary management; regretnotes that the rate of carry-overs remain substantial compared to the total budget; acknowledges that eu-LISA performed the carry-overs for administrative activities which were necessary or recurrent, providing reassurance on the respect of sound financial management for the underlying operations and within the applicable financial rules; acknowledges, furthermore, that these carry overs were done in compliance with the financial rules of eu-LISA and were related to the multi-annual nature of the services related to them;
Amendment 21 #
2022/2117(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regretcalls that several observations from the Court from previous years are still ongoing; calls on the Agency to follow the observations from the Court and to step up efforts to implement corrective measures to address them; recalls that the European Parliament can use its power not to grant discharge in case recommendations would not effectively be followed up;
Amendment 3 #
2022/2110(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the ongoing observation from the Court in the use of external staff and interim workers; calls on the Centre to rely as much as possible on permanent staff and calls once again on the Commission to ensure appropriate human resources allocations for this purpose; welcom; welcomes the proposal made by the Commission to transform the Centre in an EU Drugs Agency; recalls that the new agency should be provided with the necessary human and financial resources to fulfil the objectives, the proposal made by the Commission to transform the Centre in an EU Drugs Agency and calls for an appropriate allocation of resources to achieve this aim; asks and responsibilities assigned to it under this regulation;3a _________________ 3a Resolution on the proposal for a regulation of the European Parliament and of the Council on the European Union Drugs Agency (2022/0009(COD))
Amendment 5 #
2022/2110(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Encourages the Centre to cooperate with other relevant Union bodies, offices and agencies within their respective mandates, as well as with the Member States and Candidate States, the scientific community, organisations of healthcare professionals, academia, the affected communities, civil society organisations, including organisations of people who use drugs, and other relevant stakeholders, in order to hollisticaly address the drugs phemonenon, thus improving the safety and security of the citizens;
Amendment 1 #
2022/2100(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes that the Centre continues to share best practices and regularly works with other agencies, most notably the European Food Safety Authority, the European Medicines Agency and the European Monitoring Centre for Drugs and Drug Addiction; acknowledges, furthermore, that the Centre participates in inter-institutional procurements organised by other agencies; encourages the Centre to actively seek further and broader cooperation with relevant organizations and associations, national competent bodies and international organizations such as the WHO, while avoiding any duplication of existing guidelines;
Amendment 2 #
2022/2100(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern the gender imbalance within the Centre’s senior management, with four out of six (66, 67%) being men; notes the gender balance among the Centre’s overall staff, with 170 out of 271 (62,73 %) being women; calls on the Centre to take concrete measures to increase gender balance at all levels of hierarchy as soon as possible and report back to the discharge authority; recalls also the importance of ensuring a balanced geographical representation among the Agency's management and staff personnel;
Amendment 6 #
Amendment 10 #
2022/2100(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. NotWelcomes that the Centre continued to have a high level of attention in media, social media and through its websites in 2021 in connection with the natural evolution COVID-19 pandemic; notes that the Centre’s website had over 18 million page views in 2021, a decrease compared to 32 million in 2020,; notes that the Centre’s press and media team handled 963 media requests, as opposed to approximately 1917 the year before; notes that the Centre observed an increase of 18 % in the number of followers on Twitter and a 44 % increase in the number of fans and followers on Facebook; encourages the Centre to continue this trend and to consider sharing the best practices among other EU agencies to maximize dissemination of their activities among the general public;
Amendment 11 #
2022/2100(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Welcomes the Agency's active engagement in the Joint Action TERROR addressing gaps in health preparedness of the Member States and to strengthen response to biological and chemical terror attacks; calls on the Agency to further increase its committment to address security threats;
Amendment 10 #
2022/2098(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the accusations of misconduct that have been brought to the attention to OLAF and the EU institutions; requests that allegations of misconduct are thoroughly checked and investigated; underlines that that two recommendations from the Internal Audit Service audit on HR management and ethics, rated ‘important’ and referring to the recruitment process and anti- harassment policy, were implemented after the release of the ‘whistleblower’ note; welcomes the IAS conclusion of 15 November that those recommendations had been adequately and effectively implemented;5a _________________ 5a EUAA - Factual clarification regarding the IAS work. Doriane Givord-Strassel, Director, Internal Audit Service Directorate A, European Commission, 22/11/2022
Amendment 1 #
2022/2096(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the establishment of the Expert Group on Fundamental Rights with the purpose tof improveing the Agency’s training strategy in this area and of the Expert Group on the Enhancement of Cooperation between the Agency and the Member States aiming to improve the quality and efficiency in cooperation matters; welcomnotes the Expert Group suggestion to add Fundamental Rights as a cross- cutting issue to the trainings offered where applicable in both Member States and third countries with particular emphasis on fundamental rights and crime prevention ;
Amendment 2 #
2022/2096(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Encourages the Agency to better tailor its training methodologies to its target audience: urges the Agency to follow the results of the Commission's evaluation and adjust the training of the law enforcement officials who respond better to hands-on practical training (joint exercises, simulations, table-top exercises) than (virtual) theoretical classroom training;
Amendment 3 #
2022/2096(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines that in spite of a significant widening of the Agency’s work with the entry into force of its current mandate, this aspect has still not been followed up with a similar increCEPOL directly reaches only a small fraction of its target population through its training activities; highlights that given CEPOL’s relatively small size and its annual budget CEPOL cannot be expected to directly reach a sizeable proportion of the target audience through residential training activities ase in staff numberstended by its current mandate; notes with concern the suggestions made by the Commission to the Agency not to request new posts for the upcoming years, in spite of the necessity of more staff; highlights in addition that in the absence of additional human resources, the Agency is using Contract Agents on a number of tasks that would normally be executed by Temporary Agents; urges the Commission to reconsider its position concerning the grading of posts in order for them to reflect the workload and responsibilities of staff;
Amendment 4 #
2022/2096(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the creation of the Expert Group on Fundamental Rights with the aim to integrating a fundamental rights dimension in all CEPOL training and events; Welcomes the signature of the working Arrangement with the Fundamental Rights Agency and ongoing negotiations with European Monitoring Centre for Drugs and Drug Addiction and European Union Agency for Asylum; further appreciates CEPOL's working arrangements with Europol, Eurojust, Frontex, EJTN, European Commission, EASO, Interpol and other relevant stakeholders;
Amendment 4 #
2022/2096(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes with concern that the staff turnover rate remained high in 2021, at 11.8%; notes that staff fluctuation in 2021 was lower than in 2020 and did not have a significant impact on the organisation; appreciates the efforts undertaken by the Agency to address this issue, including by introducing a new structured exit interview; highlights that the results of conducting such interviews have revealed that the high turnover is mostly caused by the high workload and low grading of posts; underlines in addition that the Agency has been experiencing difficulties with the recruitment process, caused by both a low number of applications and a high number of successful candidates refusing the job offers; highlights that the salary correction coefficient applied to remunerations offered for positions within the Agency has an extremely negative impact on the Agency’s ability to reduce staff turnover, to recruit the necessary staff it requires for the optimal implementation of its mandate, as well as to become attractive for highly skilled candidates; calls on the Commission to revise the correction coefficient in order to better reflect the economic realities of relocating to and living in the Agency host city; further calls on the Commission and the Agency to make available additional facilities such as access to international schools, child and healthcare, in order to make working for the Agency more attractive;
Amendment 5 #
2022/2096(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Agency’s reported gender breakdown for 2021 with 3 men and 3 women in management functions (1 senior manager and 5 middle managers), with 16 men (59%) and 11 women (41%) in the management board, and overall staff with 39 men (45%), and 48 women (55%); commends the Agency for the gender balance achieved in 2021; Is however concerned about the lack of geographical balance and that the Agency does not employ any staff from Cyprus, Czech Republic, Denmark, France, Ireland, Luxembourg, Malta and Slovenia; urges the Agency to consider with uttmost priority geographical balance in its recruitment procedures and report to the Discharge authority any development in this regard;
Amendment 6 #
2022/2096(DEC)
Motion for a resolution
Subheading 7
Subheading 7
Digitalisation and green transitionsustainability
Amendment 7 #
2022/2096(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. ReinstHighlights thate the importance of law enforcement training on strategies to fight racism and discriminat EU level needs to reflect the EU security threats in line with CEPOL’s mandate including strategies to counter terrorism, migration, and to prevenfight racialsm and ethnic profiling and violence.discrimination4a; Underlines the urgent need for specialised training focusing on the dangers and the proper use of AI technologies, by police authorities; as a key enabling technology to ensure safety and security of citizens; _________________ 4a Source: Consolidated Annual Activity Report (CAAR) of the European Union Agency for Law Enforcement Training (CEPOL) for financial year 2021. p 19.
Amendment 7 #
2022/2096(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Notes with concern that the Agency does not have working arrangement with the Directorate-General Taxation and Customs Union (DG TAXUD) which prevents the Agency from expanding the target audience of its activities to include customs and border officials; encourages the agency to ensure that working arrangements are in place with all key bodies;
Amendment 8 #
2022/2096(DEC)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Calls on the Agency to step up its efforts and report relevant performance information to the EU citizens and general public in clear and accessible language; urges the Agency to ensure greater transparency and public accountability by better-utilizing media and social media channels;
Amendment 10 #
2022/2096(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. NoteRecalls that the Court observed weaknesses in CEPOL’s internal control environment, in relation to the management of budgetary commitments, and welcomes CEPOL taking concrete steps to address those errors including regular contract management training for project managers and other relevant staff to increase awareness and reduce occurrence of such cases;
Amendment 13 #
2022/2096(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that there have been irregularities in payment of expenses related to organisation of CEPOL events in non-EUWelcomes CEPOL’s significant role in the achievement of the EU’s policy objectives in the JHA area and its external aspects; encourages CEPOL to continue cooperation with law enforcement partners outside the EU and further implementation of projects in third countries aimed at prevention of security threats such as terrorism; regrets that there have been irregularities in payment of expenses related to organisation of CEPOL events in non-EU countries associated with uncertainty created by the COVID-19 pandemic; welcomes that in January 2022 CEPOL signed a new framework contract covering events in those countries; notes that the weaknesses identified in relation to the CEPOL procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks;
Amendment 16 #
2022/2096(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. CRecalls onthat the Agency toshould ensure full transparency and full respect with fundamental rights in all its activities, including those with third countries.
Amendment 1 #
2022/2095(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. 3a. Notes with concern weaknesses identified by the Court in payment management, in particular with regard to ex-ante controls which could expose the Centre to legal and reputational risks;
Amendment 2 #
2022/2095(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned with weaknesses the Court identified in the Centre’s recruitment procedures; notes that in one case, the Centre used external consultants to screen applications on preselection criteria set out in the vacancy notice, whereas in another, the Centre did not undertake all necessary measures to establish an effective internal control mechanism to mitigate the associated risks ; notes large discrepancies between the assessment performed by the Centre and the one performed by external consultants caused by a lack of clear and detailed guidelines for scoring the preselection criteria; Recalls that procedural deficiencies in recruitment procedures undermine the principles of transparency and equal treatment; requests that the Centre improves its internal recruitment procedure to clarify evaluation processes and vacancy notices;
Amendment 4 #
2022/2095(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, as regards gender balance reported for 2021, the Centre’s senior management is unevenly composed by 4 men (66,7%) and 2 women (33,3%); also notes the management board is composed by 80 men (51%) and 76 women (49%); deplornotes the high number of members of the Board (156) which does not facilitate decision- making and simplified management; acknowledges limited impact of the Centre over the number of Board members due to the Regulation (EU) 2019/128 which establishes mandatory composition of the management board in tripartite manner; notes further that regarding its staff overall the gender breakdown is 57% women and 43% men; welcomes the presence of gender equality indicators among the social sustainability indicators; recalls the importance to develop a long term HR policy including work-life balance, lifelong guidance and career development, the gender balance, the teleworking, the geographical balance and the recruitment and integration of people with disabilities;
Amendment 8 #
2022/2095(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern that the Discharge Authority’s recommendations about the staff members’ affiliation with the national healthcare system have not been fully addressed by the Centre, but welcomes that a new health and wellbeing committee has been established in July 2022;
Amendment 9 #
Amendment 14 #
2022/2095(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. CWelcomes the regular coordination and collaboration between the Centre and ETF, Eurofound, and EU- OSHA; calls on the Centre to continue to develop its synergies, increase cooperation and exchange of good practices with other Union agencies with a view to improving efficiency as regards, for instance, human resources, building management, IT services, and security;
Amendment 15 #
2022/2095(DEC)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on the Centre to step up its efforts and report relevant performance information to the EU citizens and general public in clear and accessible language; urges the Centre to ensure greater transparency and public accountability by better utilizing media and social media channels;
Amendment 1 #
2022/2094(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the active engagement of the Centre with other EU agencies; commends the Commission for the emphasis on ensuring that a translation clause is included in the founding acts of EU agencies and bodies making full use of the Centre's linguistic services;
Amendment 3 #
2022/2094(DEC)
Motion for a resolution
Subheading 7
Subheading 7
Digitalisation and green transitionsustainability
Amendment 5 #
2022/2094(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Agency to step up its efforts in reporting relevant performance information to the EU citizens and general public in clear and accessible language; urges the Agency to ensure greater transparency and public accountability by utilizing media and social media channels;
Amendment 6 #
2022/2091(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the EPPO’s agreement with the Commission, and working arrangements with OLAF, Eurojust, Europol and non-participating countries; encourages EPPO to further engage in a closer relationship with Union bodies involved in the protection of the financial interests of the Union, in particular OLAF, based on mutual cooperation within their respective mandates;
Amendment 8 #
2022/2091(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes EPPO as a novel actor equipped with the competence to prosecute criminal offenses against the Union's financial interests, which are often linked to other serious crimes with a cross-border dimension, such as organized crime or terrorism; recalls that EPPO's capacities should allow for the proper performance of its mandate;
Amendment 9 #
2022/2091(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that from the non- participating Member States, the EPPO cooperates with Denmark, Hungary and Sweden, but regrets that the work of the EPPO, in particular the evidence gathering, is affected by a lack of cooperation from Ireland and Poland; welcomes the commitment by the Irish authorities to review their working arrangement with the EPPO in 2023;
Amendment 12 #
2022/2091(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 19 #
2022/2091(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the EPPO’s caseload has been significantly underestimated; stresses the importance to adapt human and financial resources to the growing workload and to increase the EPPO's reflect them accordingly in the future budget accordplanningly.
Amendment 6 #
2022/2089(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the key consultative and supervisory role of the EDPS on ensuring full respect for data protection by Union institutions, bodies and agencies, such as Europol, Frontex, eu-LISA and Eurojust;
Amendment 7 #
2022/2089(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls upon the EDPS to further streamline its cooperation with other data protection authorities in order to promote a consistent approach to data protection throughout Europe; welcomes the active cooperative role EDPS plays in the European Dactyloscopy (Eurodac) database, sharing responsibilities with national data protection authorities;
Amendment 8 #
2022/2089(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomAcknowledges the two investigations concerning transfers of personal data to non-EU/EEA countries launched in the framework of the EDPS’ Schrems II Strategy;
Amendment 11 #
2022/2089(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the follow-up done by the EDPS after the admonishment of Europol; is concerned about the individual complaints introduced against Europol and about this agency ignoring the recommendations and an order issued by the EDPSon a citizen's data access request; highlights, however, that the EDPS issued a decision in the case before all facts had been checked and established; calls on the EDPS to review its rules of procedure for ensuring an efficient and timely review of complaints by citizens taking into account all relevant information;
Amendment 12 #
2022/2089(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is concerned about the approach of the EDPS, which considers from the outset all data processing in law enforcement as high risks; highlights that the right to data protection is not absolute but must be balanced with other fundamental rights, including the rights to security and integrity of a person;
Amendment 15 #
2022/2089(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reminds that the EDPS workload is expected tomay further increase due to the growing digitalisation trend in the Union, the revision of agencies’ mandates and the initiatives presented by the Commission especially in the field of justice and home affairs; appreciates the contribution of the EPDS to the legislative work in cooperation with the European Data Protection Board; stresses the importance to adaptof the adaption of the human and financial resources toin the increasing workload and to increase the EDPS's budget accordinglyfuture budgetary planning in accordance with the workload;
Amendment 21 #
2022/2082(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls thatWelcomes that pursuant to Rule 25 of and Annex V to the Rules of Procedure and Articles 6 and 166 of the Financial Regulation once the Plenary calls for different rules or measures to be implemented by Parliament, such proposed rules or measures should bare discussed and voted on by the Bureau, pursuant to Rule 25 of and Annex V to the Rules of Procedure and Articles 6 and 166 of the Financial Regulation; is deeply disappointed, however, that each year very concrete demands adopted by Plenary in discharge resolutions are not reflected in the discussions of the Bureau meetings despite the fact; reminds, in light of Rule 25 of the Rules of Procedure that the Bureau is responsible to take decisions on financial, organisational and administrative matters concerning Members; highlights, that bothe Bureau members and the Secretary-General are aware of the discharge resolutions and have the capacity to submit proposals under the aforementioned Rule 25; is disappointed that the Secretary-General's written replies to Parliament’s Committee on Budgetary Control are often limited to quoting the current rules without any is composed of democratically elected Members of all political groups; notes, that the members of the Bureau participate in deliberations and vote on resolutions related to Parliament’s draft estimates and discharge procedures; highlights, that since the outbreak of the COVID-19 pandedmicated discussion in the Bureau and thus, lacking a genuine effort or intention to review those rules in accordance with Parliament’s will; believes that this situation is detrimental to the exercise in March 2020 and until the gradual lifting of sanitary restrictions at the beginning of 2022, the Bureau`s deliberations were focused primarily on decisions aimed at protecting the integrity of dMemocratic scrutiny which is carried out via the discharge procedure and for which Parliament should be a role model for all Union institutions and bodiesbers and staff while ensuring business continuity and implementing practical solidarity measures vis-à-vis the three host Member States of the Parliament;
Amendment 24 #
2022/2082(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the Bureau has been mandated by the Plenary to decide all administrative, staff and organisational matters concerning Members and is concerned that the decisions of the Bureau often fail to respect the will expressed by the Plenary in discharge resolutions; reiterates the importance of the discharge procedure as set in the Financial Regulation and the Rules of Procedure and demands that resolutions affecting the functioning of Parliament be thoroughly taken into consideration and followed up in a legitimate, transparent manner; recommeminds that the Committeeagendas onf Budgetary Control should be systematically informed whenever a proposal arising from a discharge resolution is going to be discussed by the Bureau and calls on the Secretary-General to always include a clear list of the Bureau discussions and votes when providing the replies to the discharge resolutionsreau meetings are published beforehand and are made available on Parliament's internet site and that all Bureau discussions and decisions, including the ones in camera, are minuted and, once approved by the Bureau, the minutes are also accessible on Parliament's internet site; recommends that the Committee on Budgetary Control should be systematically informed whenever a proposal arising from a discharge resolution is going to be discussed by the Bureau;
Amendment 30 #
2022/2082(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the impact of the continuance of the COVID-19 pandemic in 2021 led to substantial transfers within Parliament’s budget, and that a budgetary surplus became available in areas such as travel expenses, organisation and reception of groups of visitors, the operation of Parliament visitors’ centres, in-person training, and lower energy consumption; notes that, at the same time, the pandemic created additional budgetary needs in other areas, notably health and prevention, as well as technical equipment and logistics for multilingual hybrid meetings and votes; observes that a substantial part of the savings were used to amortise the costs of the expansivetransferred to building policy of the last few years;
Amendment 32 #
2022/2082(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is concernedObserves that the measures introduced as a result of the COVID-19 pandemic resulted in modified working conditions in specific services within Parliament which had a negative impact on staff, for example at the copy shop in Brussels where members of staff had to work in isolation for a long period of time even after the safety measures were lifted; asks Parliament’s administration to proactively re-evaluate the working conditions changed in possible similar situationshighlights, that 2021 imposed numerous challenges on the work of the Parliament, the main one being the uncertainty as regards the evolution of the pandemic and the corresponding measures to be taken by the authorities to maintain fair working conditions; notes that isolation was a result of maintaining the measures preventing further spread of the pandemic;
Amendment 35 #
2022/2082(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Praises the key role of Parliament’s medical services at the forefront of the COVID-19 pandemic response and acknowledges the enormous workload involved, which included treatment, testing and vaccination of staff, providing psychological support and advising on mitigation measures; regrets the factwelcomes the statutory right laid down in Article 59(6) of the Staff Regulations giving the right to a staff annual medical check-up; notes that the staff annual medical check-up washad to be cancelled in 2021 and recalls that is a statutory right laid down in Article 59(6) of the Staff Regulatio; highlights that the year of 2021 was a challenging year impacted enormously by the COVID-19 pandemic which required most of the extraordinary measures introduced in 2020 to be maintained and adapted to minimise the risk for Members and staff while ensuring that the Parliament remains able to continue its core activities and to fulfil its mandate as democratic representation of the EU citizens; welcomes the creation, in October 2021, of the Medical Preparedness and Crisis Management Unit (MPCMU) made up of staff from the medical services in Brussels and Luxembourg with the objective of enhancing Parliament’s response capacity for future crisis;
Amendment 39 #
2022/2082(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls that Article 4 of the President’s decision of 1 June 2021 on security measures to limit the spread of COVID-19 provided for temperature checks on any person entering Parliament’s buildings; notes that, for that purpose, Parliament purchased different models of body temperature detectors for a total amount of EUR 595 459.,63 (382 515,63 in 2020 and EUR 212 944 in 2021); observes that of the equipment purchased in 2021, 40 temperature detection units installed in the metal detectors were not used as of the 14 March 2022 and 4 cameras are now kept in storage; recalls that no provision was introduced to prevent people who had been denied entry from simply trying again moments later; observes that there is no data on the number of persons having been denied access to Parliament’s premises during the period of validity of the measure; regrets the conclusion that it is thus not possible to assess the effectiveness of the body temperature checks or the purchase of the equipmentnevertheless, highlights that during the summer it was often the case that persons have been denied access being influenced by the high temperature outside, which has nothing to do with high fever; observes that there is no data on the number of persons having been denied access to Parliament’s premises during the period of validity of the measure; also observes that with respect to Article 10 of Regulation 2018/1725 on the protection of natural persons with regard to the processing of personal data, Parliament did not treat nor collect this data, which is considered to be sensitive data;
Amendment 43 #
2022/2082(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses the major negative impact of the COVID-19 pandemic on Parliament’s catering staff which led to worsening working conditions and even dismissals; welcomes the solidarity measures implemented from April 2020 to December 2021, namely the provision of ‘charity meals’ and a business continuity fee in the three places of work, that at least helped to safeguard 37 jobs for catering staff; welcomes the fact that there 20 new jobs have been created since the restart of all catering activities in March 2022, but regrets the fact that Parliament’s administration has not communicated how many jobs were lost during the pandemic with the pretext that it is a concession contract;; notes, that catering and cleaning services are carried out by external service providers due to their specific nature which does not meet the conditions for internalisation; therefore, is of the opinion that the internalization of essentialthese services such as catering and cleaning should not be considered by the governing bodies, as Parliament has recently done with security and IT services, and it was also made with the CPE2 crèche in Luxembourg;
Amendment 46 #
2022/2082(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Is concerned about the reported hearing problems that resulted from remote interpreting for long periods of time; is alarmedObserves that 63,5% of respondents (127 out of 200) reported hearing problems in a survey on remote simultaneous interpreting conducted by the Staff Interpreters’ delegation at the beginning of 2021 and 54% of respondents (702 out of 1 602) mentioned in a survey conducted among staff and freelance interpreters in May 2022 that working under the conditions imposed as a result of the COVID-19 pandemic had an impact on their health and well-being; recalls the duty of care owed by the European institutions to their employees, which must be taken into account when implementing preventive measures to avoid harm to the health of interpretershighlights, that the health issues reported by interpreters are being followed up by Parliament’s Medical services; notes that the follow-up by the Medical Service did not detect an increase in hearing problems for interpreters; highlights, that the administration has deployed targeted actions to improve sound quality;
Amendment 51 #
2022/2082(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes that 877 out of 6 621 posts (13,2%) were vacant at the end of 2021; acknowledges the general difficulties encountered by the Union institutions, including Parliament, in attracting and retaining talent, which has an impact on the diversity and geographical distribution of the workforce; notes that in 2021 two surveys were run by Parliament’s Directorate-General for Personnel (DG PERS) to find out the main reasons for applying for a job in Parliament and that the results pointed to salaries, but also job significance and flexible working conditions; notes the opinion of Parliament’s administration on the slowness of the competitions conducted by the European Personnel Selection Office (EPSO) but recalls the current transformation process aiming to shorten the duration of competitions, to make them more efficient and to better target specialist profiles while keeping objectivity and equality of treatment at the core of the process; notes that in 2021 Parliament started running internal competitions and is concerned about the internal criticisms which have stressed that fast-track recruitment procedures may lead to discrimination between professional categories;
Amendment 54 #
2022/2082(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls for a deep reflection onAcknowledges the new ways of working that can reconcile the needs of Parliament’s administration (including team cohesion, internal communication, and on-boarding of newcomers) with the expectations and satisfaction of its staff, which would positively impact their performance as well as the attractiveness of Parliament as an employer; highlights in this context the importance of a genuine social dialogue with the staff representatives on crucial points like a flexible work environment, health and welfare and training and career opportunities; also draws attention to the need to review the rules on harassment in relation to these new forms of work; suggests that a joint committee be established that assists DG PERS in monitoring the effective implementation and compliance of clear guidelines on teleworking and the right to disconnect that can be adaptedhighlights that physical presence is of crucial importance for the efficient interaction of all actors in every parliamentary process; also draws attention to the need to review the rules on harassment in relation to these needs of the different servicesw forms of work;
Amendment 57 #
2022/2082(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Recalls the seriously inadequate staffing levels in Parliament’s committee secretariats at the end of 2020 due, inter alia, to the increased workload, the working methods applied under the COVID-19 pandemic and the creation of new temporary committees; welcomes the fact that further to the adoption of the 2022 budget, 66 new organigram posts (12 for the Directorate-General for External Policies (DG EXPO) and 54 posts for the Directorate-General for Internal Policies (DG IPOL)), were created in the establishment plan with a view to swiftly reinforcing the support to parliamentary committees; is concerned that, currently, the net increase of staff (including organigram posts and contract agents) is planned to only include 8 additional members of staff, notably as the number of contractual agents has decreased by 23 between January and November 2022; remindswelcomes the efforts of the Secretary- General tof the commitment to an actual reinforcement of the human resources capacity in DG EXPO and DG IPOL, including an adequate level of contract agents; points outacknowledges that all available resources in committees, policy departments, horizontal and support services shouldare to be assigned to the implementation of Parliament’s legislative, budgetary and control powers and procedures; calls therefore for the available resources to be distributed according to the committees’ level of activity in these areas and not only to the number of legislative reports;
Amendment 58 #
2022/2082(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Is concerned aboutWelcomes the Bureau decision of 21 November 2022, based on a Secretary- General’s proposal, on General Implementing Provisions giving effect to Article 27 of the Staff Regulations; welcomes the further efforts of the Secretary-General and the Bureau following the 2020 discharge resolution that called for further efforts to ensure that employment at Parliament is equally attractive to all Union nationalities; insists on the importance of achieving a fair geographical balance among Parliament’s staff provided that the measures are “appropriate”, as required by Article 27, and stresses that competitions must respect fundamental principles enshrined in the Staff Regulations and Charter of Fundamental Rights, such as the principles of equality, non-discrimination and proportionality; reminds that Article 27 of the Staff Regulations enables Parliament to adopt appropriate measures in the event that a significant imbalance between nationalities among officials is observed, which is not justified by objective criteria; recalls furthermore that Article 27 states that “those appropriate measures must be justified and shall never result in recruitment criteria other than those based on merit”; calls for an immediate referral of these General Implementing Provisions to Parliament’s Legal Service for a compliance assessment;
Amendment 59 #
2022/2082(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Expresses concerns regarding theObserves particular difficulties in finding candidates willing to work for Parliament in Luxembourg, mainly due to the high cost of living and the increasing price of housing while availing of a salary that is adapted to living conditions in Brussels; asks Parliament’s administration to urgently forward a request to the Commission to address the long-standing and serious problem of salary indexation in Luxembourg by adopting a delegated act to correct the relevant Staff Regulations provision;
Amendment 61 #
2022/2082(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Recalls that, according to Article 9 of the Staff Regulations, the Staff Committee represents the interests of the staff vis-à-vis their institution and maintains continuous contact with them; points out that decisions taken by Parliament’s governing bodies often have a significant impact on staff and thus, reiterates that it is essential for staff representatives to be heard when general matters affecting Parliament’s staff policy are discussed; reiterates furthermore its request to the Secretary-General to take the appropriate measures to implement this key approach, for instance setting up a mandatory consultation procedure with staff representatives during the preparation of the proposals for Bureau decisions on staff matters;
Amendment 62 #
2022/2082(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Recalls Parliament’s recommendation to the Commission in its resolution of 18 April 2018 ‘to review its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities, thereby also setting an example for the other European institutions’; is of the opinion that an accelerated appointment procedure and an interview made up of only three questions to select its Secretary-General falls short of what is expected of Parliament in terms of transparency, accountability and good adminisreminds that the appointment procedure of the Secretary-General was a transparent process, where candidates were treation, and it is profoundly damaging to the institution’s reputation; recalls furthermore its own recommendation that officials from staff representatives bodies should sit on Parliament’s senior management selection panels; calls therefore on the Secretary-General to submit a proposal to the Bureau to modify its decision of 16 May 2000 laying down the steps in the procedure for appointing senior officials, in order to enable staff representatives to participed in a fair and equitable manner whilst complying with all necessary eligibility requirements; highlights, that the decision made on the selection of the successful candidate was observers in the Advisory Committee, which is fully compatible with Article 3(4) of Annex III of the Staff Regulationscarried out with a large majority of the Bureau;
Amendment 66 #
2022/2082(DEC)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its demand for APAs to receive the same subsistence allowance as the officials and other statutory staff for their missions to attend the part-sessions in Strasbourg taking into consideration that the parliamentary allowance envelope remains unchanged; is of the opinion that the current situation, aggravated by the accumulated increase in prices over the last few years, is unacceptable as APAsputs APAs in a more difficult financial situation haveing to travel to Strasbourg to carry out their work in exactly the same way as Parliament's officials and other statutory staff; fails to understand this discriminatory treatment regarding the missions to Strasbourg while; notes that expenses incurred by APAs in undertaking missions outside Parliament’s three places of work are reimbursed, mutatis mutandis, in accordance with the rules applicable to officials’ missions; highlights that aligning the daily subsistence allowance with that of statutorynotes nevertheless that MEPs hire their own staff, would also put an end to the discriminatory existence of three levels of allowances to choose from, which is maintained without any administrative or financial justification; reiterates, therefore, its request to the Bureau to modify its decision of 2 October 2017 with the aim of implementing such alignmentithin a budget set by Parliament under the same employment conditions as temporary EU staff; highlights also that it is in the hands of the MEPs to decide the daily allowances to Strasbourg for their APAs;
Amendment 69 #
2022/2082(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. RegretObserves that the applicable rules adopted by the Bureau and the Conference of Presidents currently prohibit APAs to accompany Members on official Parliament delegations and committee missions; points out that the technical support that APAs provide during missions is of key importance to the participating Members, in particular when they are involved in the organisation or play a specific role; is concerned that this situation compels Members to resort tois concerned that the situation of financing APAs’ travel with the gGeneral eExpenditure aAllowance and obliges APAs to use their annual leave, thus jeopardising their insurance coverage, which representsputs the Parliament in a serious reputational risk for Parliament; regre; highlights, that neither the Bureau nor the Conference of Presidents have followed up on the long-standing request to allow APAs, under certain conditions yet to be determined, to accompany Members on official Parliament delegations and missions, as reiterated by ; highlights, that the presence of APAs on EP official missions could damage EP’s image and credibility; observeral discharge resolutions; urges the Bureau and the Conference of Presidents to respond positively to this demands also that allowing APAs to participate on official missions imposes specific risks with regards to their insurance coverage; reminds that MEPs are already accompanied by representatives of political groups on these missions;
Amendment 74 #
2022/2082(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Welcomes the fact that the Bureau’s last revision of the rules for visitors’ groups introduced the possibility for Members to designate professionals to hold the financial responsibility, which has brought about a decrease of APAs as heads of visitors’ groups to 28%; reiterates that APAs should not be compelled to takehighlights that it is preferred when APAs are not designated as heads of groups as this level onf suchbstantial financial responsibility, which can amount to substantial sums of money in some cases; insists, might compromise the appropriate auditing procedures following the groups’ visits especially in the case when APAs have left the EP and are no longer MEPs’ staff but some of the audits might take place up to 3 years following the groups’ visit; asks therefore, to the Bureau that APAs beo consider eliminateding APAs from the list of permitted heads of groups, leaving only a member of the sponsored group or a professional, such as paying agents or travel agencies, to take up the role or to consider adjusting APAs liability especially in the cases when they are no longer EP’s employees;
Amendment 81 #
2022/2082(DEC)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes that the reduction for trainees in Parliament’s canteens, amounting to EUR 1,00 as of 1 April 2022, is based on previous discounts which are in turn based on the contracts signed and the prices at the time; believes that this reduction is at the moment purely symbolic and absolutely insufficient and calls, therefore, on Parliament’s administration to establish an automatic update on the basis of the food price variations;
Amendment 82 #
2022/2082(DEC)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Stresses that transparency, accountability, and integrity are essential ethics principles within the Union institutions and particularly Parliament as house of the European democracy; recalls that unethical behaviours must be prevented, persecuted and condemned for significantly damage the credibility and legitimacy of the Union and constitute a serious threat to democracy and public trust; recalls the Court’s conclusions and recommendations in its special report 13/2019 on the ethnical frameworks of Union institutions, as well as Parliament’s resolution of 16 September 2021 on strengthening transparency and integrity in the Union institutions by setting up an independentUnion ethics body; ; supports the reinforcement of the existing high ethical standards for politicians and for the guidance on the implementation of ethical rules, while fully respecting the separation of powers between the institutions and the rule of law; underlines that creating additional bodies and structures within the EU institutional framework would only add an additional burden to the work of the EU as the anti- fraud players such as OLAF, EPPO, Europol and Eurojust are already tasked to monitor and protect the spending of the EU budget and prevent any possibilities for mismanagement of funds; notes the importance of strengthening the systems in place and to address any shortcomings; notes that the proper application of existing rules can bring significant improvements; highlights that a cooperation agreement between the EPPO and the EP with clear rules and procedures is necessary to further facilitate and maintain the protection EU’s financial interest; such agreement shall provide that the EP reports to the EPPO concerns regarding any criminal conduct in line with the EPPO regulation and the Financial Regulation; reminds that the Treaties of the European Union are the primary law and reside at the top of the hierarchy of norms; the Treaties establish the EU’s institutions and clearly define their competences and decision- making powers (Article 13 TEU); Parliament together with the Council are the co-legislators (Article 14(1) TEU); reminds that under the Treaties, the Court of Justice of the European Union is the supreme judicial body of the EU (Article 19 TEU); there can be no higher judicial decision-making authority above it; under no circumstances can secondary law contradict or amend primary law; reminds that, therefore, the establishment of an independent ethics body with the power to make binding decisions on the EU’s institutions and organs counter to the separation of powers laid down in the Treaties, would imperatively require a change of the Treaties; stresses that transparency cannot undermine integrity and data protection;
Amendment 87 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls for a thorough overhaul of Parliament’s ethical framework that integrates lessons learned and strengthens the current rules to ensure that there are stronger deterrents to address effectively current and future threats and interferences, whether they affect Members or staff; stresses that illegal activities funded by paid lobbying constitutes a profound attack on democracy and should be met with zero tolerance and heightened vigilance; calls in particular for a revision of thehighlights the need to reinforce trust in the European decision-making by strengthening transparency, ethics and conduct in the European Parliament; stresses that an abuse or misuse of EP’s Rules of Procedure and the Members’ Code of Conduct, as well as for an urgent upgrade of the current European Parliament’s Advisory Committee on the Conduct of Members, in ord should be immediately addressed in a thorough and systematic manner; recalls the crucial role played by Members in the European decision- making, while protecting the freedom of Members’ mandate, as elected representatives; stresses that illegal activities funded by paid lobbying, NGOs funded in an unclear manner or other interest representatives constitutes a profound attack on democracy and should be met with zero to ensurelerance and heightened vigilance; highlights, that it is essential that Members act without any undue influence from interest representatives by means of a strict regulation of paid activities during the mandate, gifts or travel invitations, future employment expectations, and of undue use of information or contacts;
Amendment 118 #
2022/2082(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Welcomes Parliament’s zero- tolerance policy on harassment and the awareness-raising campaigns carried out; is concernedobserves, however, that on 28 October 2022 only 245 sitting Members (36,3%) had completed the training on respect and dignity in the workplace; recalls that Parliament has requested on several occasions the implementation of mandatory anti-harassment training courses for all Members; stresses the importance of early intervention, together with training and awareness-raising actions and notes the initiative taken by the administration to set up internal mediators as a step towards early conflict resoluuggests that the anti- harassment training is brought mandatory not only to Members, but also to staff; welcomes the orientation debate on anti-harassment policies carried out in the Bureau meeting of 21 November 2022 and requests that the Bureau expresses a final position on the topic; stresses the importance of early intervention, together with training and awareness-raising actions and notes the initiative taken by the administration to set up internal mediators as a step towards early conflict resolution; stresses that the Code of Appropriate Behaviour for Members of the European Parliament seeks to ensure that members behave towards everyone working in the European Parliament with dignity, courtesy and respect and without prejudice or discrimination;
Amendment 123 #
2022/2082(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Notes that the ‘advisory committee on harassment and its prevention at the workplace’ is composed of three members designated by the Appointing Authority (including the chair), two Staff Committee members and one expert advisor from the medical service; notes that the ‘advisory committee dealing with harassment complaints concerning Members’ is composed of three Quaestors (including the chair), the chair of the first committee, two APA committee members, one staff committee member (only for cases concerning a member of staff), and two expert advisors, namely from the legal and the medical services respectively; is concerned by the lack of independent experts on harassment issues in both committees, as well as the absence of the legal service in the first case; calls for a Secretary-General decision reviewing the composition of both advisory committees and stipulating mandatory training on harassment prevention and equal opportunities for all their members;
Amendment 130 #
2022/2082(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Reiterates that APAs are in a particularly vulnerable position in whistleblowing cases due to their particular employment situation; therefore calls on the Secretary-General to modifyfully adapt the internal rules on whistleblowing adopted on 4 December 2015 to align themand contained in the Staff Regulations to Directive (EU) 2019/1937 of the European Parliament and of the Council2 , as well as to provideincluding by setting up secure channels for reporting; further notes that whistleblower APAs with a similadeserve proper protection similar to that of victims of harassment, in particular with regard to provisional measures during the administrative investigation and protection measures concerning; requests Parliament to raise awareness, where possible, anmonymity, pay until the end of the contract, transfer of post and protection from retaliationg parliamentary staff on their whistleblower protections; _________________ 2 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 150 #
2022/2082(DEC)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Highlights Parliament’s investment in strengthening its cybersecurity, which includes the creation of a dedicated Directorate in DG ITEC and a significant increase of the related resources aiming to increase the protection of Parliament’s information systems in the face of growing threats and ransomware attacks; welcomes the expansion of the range of digital services provided via the e-Portal leading to an increase of 67% in the number of transactions, which is a significant increase compared to 2020, and to the achievement of 85% use rate of the e-Portal by Members for their travel and subsistence expenses; praises the specific measures undertaken to facilitate administrative procedures and the intended efforts towards less bureaucracy when it comes to the services for Members including the greater digitalisation of the e-Portal and improved intuitive consultation function for travel and subsistence expenses;
Amendment 153 #
2022/2082(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Notes that DG SAFE’s reorganisation has foreseen the creation of the new Directorate on Security Technology and Information aiming to ensure protection of all categories of information handled by Parliament; is concernedobserves that the specific unit responsible for Security Engineering has been created but that the head of unit position does not appear as such in Parliament’s organisation chart; calls on the Secretary-General to remedy this situation promptly in order to provide the new key Directorate with the necessary resources to fulfil its responsibilities;
Amendment 166 #
2022/2082(DEC)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Takes note of the unanimous decision of the Bureau of 23 October 2019 to approve the creation of an IDEA Lab with the aim of testing new, innovative solutions in the context of offices and facility management; notes with concern that the decision of the Bureau was not based on any specific cost estimate and reminds the Bureau of the obligationwelcomes the announcement of the new Secretary- General that each proposal for a decision has towill again be accompanied by a financial statement of the estimated costs, and that expenditure should be accounted for transparently; welcomes the creation of a permanent laboratory for innovation together with the establishment of a separate budget line but considers that the costs need to remain reasonable and justifiable; notes that construction works needed to implement the innovative architectural concept, including the technical equipment and the installation costs, had an additional cost of 2 000 EUR/m2 to the “standard” renovation works; notes that to date the construc which will - however - benefit later renovations works needed to implement the architectural concept amount to EUR 663 265,55 while the IT equipment cost EUR 108 104 in case of a larger roll- out;
Amendment 167 #
2022/2082(DEC)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Points out that the IDEA Lab is supposed to be at the disposal of Members but regreand requests that Members have never been informed in this regardwill be informed in this regard about innovations and tested solutions that will be rolled-out in the future and those that are not pursued any further and for what reasons; questions the rationale behind the selection of the providers and of some of the technical innovations to be tested and regrets that some of the innovations would be too expensive to scale despite their interest; is of the opinion that one of the priorities of the IDEA Lab should be an innovative architectural solution to make better use of the space occupied by the unused showers in the Members’ offices; calls on the Bureau working group on buildings and Parliament’s administration to ensure a greater transparency regarding the budget for the IDEA Lab and to regularly present to the Committee on Budgetary Control the list of innovative solutions, their cost and the feedback produced, as well as the potential saving if implemented;
Amendment 187 #
2022/2082(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Understands that the core business of the service cars is the transport of Members, including the journey between Brussels and Strasbourg; points out, however, the waste of resources resulting from the fact that on average 15% of the seats available in the service fleet were been occupied for that journey in 2021; reiterates its call on Parliament’s administration to widen the user group while making sure that Members’ seats are secured, i.e. establishing a reserve list and coherent deadlines to confirm the journey;
Amendment 195 #
2022/2082(DEC)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Is deeply concerned about growing delays in reimbursement of travel expenses for Members, which substantially affect their work; acknowledges that DG FINS should be adequately staffed to properly, timely, and without bias perform their duties;
Amendment 198 #
2022/2082(DEC)
Motion for a resolution
Subheading 25 a (new)
Subheading 25 a (new)
Rules governing the reception of groups of visitors
Amendment 199 #
2022/2082(DEC)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Notes, that the last revision of the Rules governing the reception of groups of visitors from 18 January 2021 does not reflect on possible force majeure circumstances when it comes to cancellations of visits; invites the Bureau to consider accepting national strike as a force majeure circumstance when cancelling an organised group visit, as it is often the case where national strike days are announced at a much later stage after tickets have been purchased and it is extremely onerous to cancel a group visit in the very last moment and be able to recover all the financial costs incurred whilst organising the visit;
Amendment 200 #
Amendment 201 #
2022/2082(DEC)
Motion for a resolution
Paragraph 111 b (new)
Paragraph 111 b (new)
111b. Calls on the Bureau to ensure that the joint sickness insurance scheme (JSIS) shall provide a coherent and individual explanation for declining a reimbursement request; notes that the culture of declining a reimbursement request in pdf format without the possibility to challenge the decision in person imposes certain difficulties on the applicants applying for reimbursement; calls on the Bureau to consider introducing the possibility for local doctors in charge of a treatment of an applicant to talk to the responsible JSIS unit or expert group to explain the treatment and medical benefits; further expresses its wish to improve the user- friendliness of the application enabling a quicker and more direct follow-up of individual requests; requests that the relevant bodies within JSIS duly and regularly take into account recent medical developments and knowledge gains when updating the list of eligible treatments and drugs;
Amendment 203 #
2022/2082(DEC)
Motion for a resolution
Paragraph 113
Paragraph 113
113. SuggestWelcomes the creation of a Bureau ad-hoc Working Group to carry out a thorough overhaul of the Implementing Measures for the Statute for Members of the European Parliament (IMMS) while striking a balance between the freedom of the exercise of the mandate, the reputational risks to Parliament and managerial ethics; strongly recommends that a comprehensive consultation of Members is carried out before th, following the announcement by the President on 21 November 2022; highlights, that the WG would be tasked to evaluate eand of the current mandate to provide this Working Group with first-hand informreview the IMMS in order to adapt the provisions to the recent legislative developments, new practices of Members and the recommendations from experienced Members on the practical applicthe Internal Auditor while ensuring consistency and legal certainty; highlights, that in its deliberation ofs, the rules governing Parliamead-hoc Working Group shall take duly into and the ability to identify inconsistencies such as the fact that the Members’ attccount transparency, accountability, simplification and sound financial management of funds made available to Members as well as the principle of the independaence on Fridays is not registered in Brussels during plenary weeks or even if a Parliament’s committee official mission is carried out on Thursdayf the parliamentary mandate; and that any proposed changes to the current rules should avoid creating unnecessary administrative burden for Members, their offices and Parliament’s services; acknowledges that a consultation of Members is carried out to provide this Working Group with first-hand information from experienced Members on the practical application of the rules governing Parliament and the ability to identify inconsistencies;
Amendment 207 #
2022/2082(DEC)
Motion for a resolution
Paragraph 114
Paragraph 114
114. Recalls that in previous discharge resolutions Parliament requested a reform of the General Expenditure Allowance (GEA) to make the expenditure of this lump sum more transparent and accountable; noteswelcomes, that following the announcement atby the Bureau meeting of 7 MarchPresident on 4 April 2022 of, the setting up of a Bureau ad-hoc wWorking gGroup on the GEA, which is tasked with evaluating the opereneral Expenditure Allowance (GEA) was established and tasked with carrying out an evaluation of the Bureau decision of 2 July 2018; observes that the Bureau, at is meeting of 17 October 2022, adopted a set of amendments to the IMMS clarifying the rules applicable to the entitlement and use of the GEA and measures aimed at inn the GEA on the basis of the experience gained during the ninth parliamentary term; highlights, that he ad-hoc Working Group was asked to take duly into account aspects of transparency, accountability and sound financial management of funds made available to Members, bearing in mind the principle of freedom and independence of the parliamentary mandate and the objective to avoid creasting transparency but believes that this reform does not meet the demands expressed in Parliaunnecessary administrative burdens for Members, their offices and Parliament’s services; welcomes that on the basis of proposals submitted by the ad-hoc Working Group, the Bureau, at its meeting of 17 October 2022, adopted a set of amendment’s resolution of 26 March 2019 on the 2017 discharge and in subsequent resolutionsto the IMMS clarifying the rules applicable to the entitlement and use of the GEA and measures aimed at increasing transparency;
Amendment 214 #
2022/2082(DEC)
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115a. Is deeply concerned about the extent of discretionary powers of responsible DG FINS staff when evaluating members' requests including when selecting the employment or service provider contracts for further ex-post verification; notes lack of formal accountability mechanisms and procedures for ensuring due process in proceedings with DG FINS, increasing the risk of discrimination and unequal treatment; reminds the DG FINS to apply transparent, clear and non-discriminatory standards including when performing the controls on the fulfilment of tasks carried out by local assistants;
Amendment 1 #
2022/2081(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that for the audited spending areas related to migration and border management, and security and defence policies, the Court chose to examine a sample of 28 transactions, which is not representative of the spending under MFF headings 4 and 5; notes that the selected sample of examined transactions does not allow the Court to provide an estimate of the error rate for these MFF headings; regrets this choice by the Court despite multiple calls from the Parliament to calculate the estimated level of error; deeply regrets that the Court did not estimate the error rate for these headings, while taking into account the Court’s explanation that the audit scope was not designed to be representative for these headings; calls on the Court to consider further examineing and extending the scope of its audit in that regard;
Amendment 2 #
2022/2081(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that nine out of the 28 transactions examined by the Court contained quantifiable errors which had a financial impact on the amounts charged to the Union budget; highlights that such cases may have an important negative reputational impact and may eventually undermine compliance with the principles of sound financial management of Union spending; urges the Commission to address that situation and report to the discharge authority about the progress achieved; deplores that the Court only conducted checks on 25 transactions under Directorate-General for Migration and Home Affairs’ (DG HOME) responsibility, and that consequently is was unable to verify the DG HOME’s declaration of assurance against the results of its own audit work; calls on the Court to further examine and extend the scope of its audit in that regard;
Amendment 6 #
2022/2081(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with concern that, despite the fact that Member States stepped up implementation of their national programmes in 2021, for both the Asylum, Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF) significant amounts remain undisbursed; deeply regrets that its previous calls for splitting the AMIF lines by priority has not been followed up; stresses that such splitting could help increase transparency and accountability in budget spending and therefore reiterates its call to do so; notes that the cumulative absorption rate of AMIF and ISF under shared management is equal to 72.54%, up from 60.75% by the end of 20204a; _________________ 4a Source: Commission's Annual Activity Report 2021, DG HOME https://commission.europa.eu/system/files/ 2022-06/annual-activity-report-2021- migration-and-home-affairs_en_0.pdf
Amendment 8 #
2022/2081(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the completion of funding from the Internal Security Fund – Borders and Visa instrument (ISF-BV), which contributed to ensuring a high level of security in the EU while facilitating legitimate travel through a uniform and high level of control of the external borders and the effective processing of Schengen visas; further appreciates the new Instrument for financial support for Border Management and Visa (BMVI), which makes it possible to support actions contributing to a strong and effective European integrated border management at the external borders, thereby helping to ensure a high level of internal security within the EU;
Amendment 11 #
2022/2081(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 43 #
2022/2081(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reminds the Commission to guarantee that no Union funds are allocated to organizations (Union or international), third parties, and/or natural persons who are delivering external aid to ensure that no funds are allocated or linked to any cause or form of terrorism and/or religious and political radicalization;
Amendment 177 #
2022/2081(DEC)
Motion for a resolution
Paragraph 107 – point b a (new)
Paragraph 107 – point b a (new)
ba. to make the list of all final beneficiaries and projects available to auditors and the Discharge authority and to strengthen Commission's efforts on the collection of information on final recipients of EU funding at the Commission level; calls on the Commission to ensure that individuals or groups affiliated, linked to, or supporting terrorist organizations are excluded from Union funding;
Amendment 1 #
2022/2080(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that tax crime is recognised as a predicate offence of money laundering, which is often linked to organised crime, corruption and the financing of terrorism; calls upon the European Commission to ensure effective implementation of the existing anti-money laundering and countering the financing of terrorism (AML/CFT) framework, and to strengthen the collaboration in this field among the Member States and the EU institutions and agencies; highlights the importance of the future Anti-Money Laundering Authority (AMLA) as a new EU body for the prevention of money laundering and terrorism financing in the Union, by contributing to enhanced supervision and improved cooperation between Member States’ financial intelligence units (FIUs) and supervisory authorities;
Amendment 8 #
2022/2080(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the concealment of beneficial ownership through chains of shell companies can be used not only to circumvent tax legislation, but also to impede the tracking, freezing and confiscation of the proceeds and instrumentalities of crime, as well as to circumvent EU restrictive measures; calls for a complete ban on shell companies;
Amendment 9 #
2022/2080(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 17 #
2022/2080(INI)
4 a. Welcomes the uncovering by the investigative journalists of a complex system of tax havens, shell corporations, and offshore accounts, whose beneficial owners are persons of high public interest; underscores in particular in this regard the positive role the journalists had in bringing to light the opaque financial operations of highest-ranking elected public officials;
Amendment 28 #
2022/2080(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for tax havens to be automatically registered in the EU’s anti- money laundering list of ‘high-risk’ third countries; calls for the United Arab Emirates to be identified as a high-risk third country;
Amendment 38 #
2022/2080(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for strict ‘revolving-doors’ rules for high-ranking EU officials.; calls upon the Member States ensure detection of undeclared ‘revolving doors’ situations and safeguard compliance with existing legislation;
Amendment 8 #
2022/2078(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Space Programme and the Union Secure Connectivity Programme (IRIS2) play an important role in the context of European security and defence and in demonstrating the EU as a credible actor on the international stage;
Amendment 9 #
2022/2078(INI)
Ab. whereas the EU space actions demonstrate tangibly an important contribution to the security of EU citizens and beyond, which no individual Member State could do alone;
Amendment 10 #
2022/2078(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas currently there are neither standards nor specific regulations for the use of Galileo and its dual-use services, secure satellite communications and/or Copernicus services by Civil Protection practitioners in a Disaster situation;
Amendment 69 #
2022/2078(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need of raising awareness at EU scale of the importance of using the Galileo Public Regulated Service (PRS) and new Galileo differentiators such as High Accuracy, Authentication Service, Galileo Emergency warning service – and their use by civil and governmental users in a synergetic way with Earth Observation and Secure communications in order to strengthen the operational capacity of the European Union to act in all phases of disaster risk management (natural and man-made disasters);
Amendment 132 #
2022/2078(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on EUSPA to identify and stimulate the combined use of the EU Space Programme components and future Secure Connectivity IRIS2 that are beneficial for the robustness and resilience of Members States’ critical infrastructure;
Amendment 133 #
2022/2078(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Reiterates the need for more uptake of space services by stimulating the adoption of space solutions across a wide range of EU policies, in particular concerning governmental use in the domain of security and defence, and to increase the competitiveness of the EU downstream space industry;
Amendment 157 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the Union Secure Connectivity Programme (IRIS2) as part of the EU’s space programmes and stresses the importance of strengthening transparency in the governance of all the space programmes through greater empowerment and accountability for all necessary public sector actors; considers this will ensure best use of budget and avoid that EU is dependent on non-EU bodies for the implementation and operation of its space programme and future programmes such as secure connectivity;
Amendment 158 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Welcomes the governance approach of Galileo and EGNOS, which is crucial for the good functioning of the EU Space Programme architecture and for the robustness of the system; recalls the importance of extending this unique chain of command and clear division of task to all EU space components;
Amendment 159 #
2022/2078(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Welcomes the development of IRIS2, the EU space-based global ultra- secure communications system, as an important instrument for the security of sensitive digital communications; recalls that continuous efforts should be done to secure the European space activities, in cooperation with the EU Agency for the Space Programme (EUSPA) and the European Space Agency (ESA);
Amendment 192 #
2022/2078(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Points out that the EU Agency for the Space Programme (EUSPA) in charge with the provision of commercial and governmental services and the operational security of the satellites systems should continue to reinforce its role in providing strategic autonomy to the EU for the security of the space systems in operations;
Amendment 13 #
2022/2049(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the UN Human Rights High Commissioner's Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, People's Republic of China of 31 August 2022,
Amendment 14 #
2022/2049(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
Amendment 17 #
2022/2049(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the European Council conclusions on Ukraine of 30 and 31 May 2022,
Amendment 18 #
2022/2049(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to Opinion 1/19 of the Court of Justice of the European Union stating that the EU accession to the Istanbul Convention will take place in a limited manner, respecting the national competence and the principle of subsidiarity,
Amendment 22 #
2022/2049(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
— having regard to the EU Guidelines on the promotion and protection of freedom of religion or belief of 24 June 2013,
Amendment 32 #
2022/2049(INI)
Motion for a resolution
Citation 50 a (new)
Citation 50 a (new)
— having regard to its resolution of 19 May 2022 on the fight against impunity for war crimes in Ukraine,
Amendment 39 #
2022/2049(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, as set out in Article 2 TEU; whereas article 21 TEU stipulates that the Union's actions on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement;
Amendment 41 #
2022/2049(INI)
Motion for a resolution
Recital B
Recital B
B. whereas an effective protection and defence of human rights means putting themust be at the core of all of the EU’s external policies including development, trade, security and defence, migration and enlargement;
Amendment 46 #
2022/2049(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union strongly believes in and fully supports multilateralism, a rules-based global order and the set of universal values, principles and norms that guide the UN member states and their relations;
Amendment 74 #
2022/2049(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the universality and indivisibility of human rights and the inherent dignity of every human being; stresses, in this regard, its strong commitment to addressing first and foremost the challenges to human rights worldwide and reiterates the duty of the EU and its Member States to act as a global leader in the promotion and protection of human rights, freedom and democracy in line with the founding values of the Union;
Amendment 95 #
2022/2049(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Condemns in the strongest possible terms Russia’s unjustified and unprovoked war of aggression against Ukraine; expresses, in this regard, its deep grief at the human suffering and serious human rights violations caused by the Russian armed forces at the EU’s borders; welcomes the joint efforts of the EU and its Member States in response to the war; welcomes, moreover, the solidarity shown by a great number of countries towards Ukraine, as highlighted by their stance during the sessions and votes of the UN General Assembly on the crisis in Ukraine; calls for the EU and its Member States to give the Ukrainian people the support they need to defend democracy, human rights and international law; welcomes the unprecedented ambition of the sanctions imposed in the context of the war and calls for the EU and its Member States to continue to use all of the instruments at their disposal to support the Ukrainian people in their fight to free Ukraine from its occupiers and to hold the invading forces responsible for devastation and war crimes committed;
Amendment 116 #
2022/2049(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the EU to reflect on how to promote a human rights-based approach in all EU instruments and strategies in order to strengthen the EU’s human rights foreign policy and shape the evolving geopolitical situation; underlines that the Neighbourhood, Development and International Cooperation Instrument (NDICI – Global Europe), including its thematic programme on human rights and democracy, is one of the main tools at the EU’s disposal to improve the human rights situation around the world and help foster resilient, inclusive and democratic societies while pushing back against the influence of authoritarian and totalitarian regimes; stresses that the engagement of local civil society actors is vital to protect human rights and democracy in their countries and reiterates its call to fully engage them in all of the EU’s relevant external activities; highlights the importance that NDICI – Global Europe attaches to the promotion of human rights and democracy with strategic international and local partners; underlines Parliament’s role in the instrument’s programming process and calls on the Commission and the European External Action Service (EEAS) to share all the relevant information in a timely manner in order to enable Parliament to play its role accordingly, in particular during high-level geopolitical dialogues with the Commission;
Amendment 133 #
2022/2049(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep regret that the post of the EU Special Envoy for the promotion of freedom of religion or belief outside the EU has remained vacant for more than a year; reiterates its and calls for the Council and the Commission to carry out a transparent and comprehensive assessment of the effectiveness and added value of the position of the Special Envoy as part of renewing and reinforcing its mandate,appointment of the new Envoy without further delay; reiterates its call for the Council and the Commission to provide the Special Envoy with adequate resources, and to adequately support the Special Envoy’s institutional mandate, capacity and duties; recalls that the Special Envoy’s duties should focus on promoting freedom of thought, conscience, religion and belief, and the rights to non-belief, apostasy and the espousal of atheistic views;
Amendment 146 #
2022/2049(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that human rights dialogues with third countries represent a unique opportunity to focus on human rights challenges and calls for them to be harnessed to their full potential; reiterates its call for the human rights dialogues to be based from the outset on a clear set of benchmarks enabling their effectiveness to be monitored; calls for the EEAS to systematically carry out evaluations of the outcomes of the dialogues and to follow up on them accordingly; stresses that in order to be effective, the dialogues must not be used as a standalone tool, but should instead be integrated within the EU’s comprehensive set of activities with the third countries concerned, which would streamline the human rights dimension and reinforce the messages conveyed in the dialogues; draws attention to the importance of raising individual cases, in particular those highlighted by Parliament in its resolutions, in the context of human rights dialogues and of ensuring adequate follow-up to and transparency of these cases; is of the opinion that, in the case of Human Rights Dialogues with regimes such as the People's Republic of China (PRC), failure to achieve concrete results should have consequences for the wider conduct of bilateral relations, including the freezing of negotiations on any future investment or trade agreements;
Amendment 166 #
2022/2049(INI)
12. Welcomes the fact that the EU Global Human Rights Sanctions Regime (the EU's Magnitsky Act) has been increasingly used as an essential tool that strengthens the EU’s role as a global human rights actor through the use of targeted sanctions by the Council; calls for the restrictive measures that have already been adopted to be implemented effectively and in full, and for the adoption of additional measures if necessary; reiterates its request for a legislative proposal to extend the scope of the GHRSR to include acts of corruption or, alternatively, for a proposal for a new thematic sanctions regime against serious acts of corruption in order to effectively target the economic and financial enablers of human rights abusers; reiterates its call for the introduction of qualified majority voting for the Council’s decisions and implementation of sanctions under the GHRSR; reiterates its call on the Commission andwelcomes the Commission President's support to expand the scope of the GHRSR to include acts of corruption and calls on the Council to strive to incorporate Parliament’s recommendations for future targeted sanctions, as stipulated in its resolutions and elsewhere;
Amendment 177 #
2022/2049(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reiterates its call for the Council to introduce targeted sanctions under the GRHSR against the Chief Executive John Lee and all other Hong Kong and PRC officials responsible for the ongoing human rights crackdown in the city;
Amendment 179 #
2022/2049(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 182 #
2022/2049(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that corruption seriously weakens democratic governance and hinders the enjoyment of human rights worldwide; calls for the fight against corruption to be a part of all of the EU’s efforts and policies to promote human rights and democracy, by formulating a dedicated global anti-corruption strategy, including programmes under the EU’s external financial instruments and enhancing Parliament’s role of scrutiny; underlines the utmost importance for the EU and its Member States to lead by example by applying the highest transparency standards to their external funding and by stepping up their support for civil society organisations, activists and investigative journalists engaged in the fight against corruption;
Amendment 209 #
2022/2049(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that the UNHRC should address situations of violations of human rights in a balanced manner, and cease attempts to disproportionately target the State of Israel; calls in this regard for a fundamental reform of the Human Rights Council including the setting of clear criteria for members of the Council;
Amendment 217 #
2022/2049(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Deplores the abuses of multilateral institutions by the PRC, Russia and other authoritarian regimes, seeking to neutralise human rights mechanisms' their ability to hold states accountable for human rights violations, as well as to undermine and/or rewrite international norms to suit their authoritarian agenda; calls on the Council and the Member States to work with like-minded democratic allies to support a reform of multilateral institutions so that they become more resilient in the face of malign influence of authoritarian regimes;
Amendment 218 #
2022/2049(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Deplores the abuse of the UN Human Rights Council by authoritarian and totalitarian regimes which continue to abuse it for their own ends, in particular, to undermine its functioning, and erode the human rights norms regime; calls for the EU and its Member States to support a comprehensive reform of the HRC;
Amendment 245 #
2022/2049(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses the vital role of ICC in carrying out investigations into war crimes and crimes against humanity committed by non-state, regional or ethnic-based armed forces against ethnic, religious or belief minorities; calls on the EU and its Member States to continue cooperation with ICC in combatting and preventing such crimes; reiterates the importance of scaling up efforts to support ICC in initiating and conducting formal investigations in a timely manner and in full conformity with the Rome Statute of the International Criminal Court;
Amendment 258 #
2022/2049(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its principled opposition to the death penalty, which is a cruel, inhuman and degrading punishment and is irreversible; stresses that the EU must be relentless in its pursuit of the universal abolition of the death penalty as a major objective of its human rights foreign policy; calls on all countries that have not yet done so to abolish the death penalty or establish an immediate moratorium as a first step towards its abolition; condemns in strong terms, enforcement of blasphemy laws across the globe that carry the possibility of death penalty to the convicted; reiterates that the freedom to choose one’s religion, to believe or not to believe at all remains a fundamental human right that cannot be punished by death or any degrading treatment; condemns any incidents of torture and inhuman or degrading treatment and deplores the fact that they continue to be common in many countries; notes with great concern the trend of increasing instances of torture worldwide and widespread impunity of its perpetrators;
Amendment 280 #
2022/2049(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for the EU and its international partners to strengthen their efforts to ensure full enjoyment of human rights by women and their equal treatment with men, including, the right to education, movement and freedom of expression, thought and religion; underlines that women continue to be the main victims in violent crises and that sexual and gender-based violence has continued in many places around the world, notably being used in armed conflicts as a weapon of war; calls for more concerted efforts to eliminate the use of sexual violence as a weapon of war and fight impunity of the perpetrators of such violence; stresses the need to pursue efforts to fully eradicate the practice of female genital mutilation; stresses that women human rights defenders, activists, journalists and lawyers have been particularly targeted, with online harassment and intimidation increasing rapidly; highlights with deep concern the increase in domestic violence and setbacks to sexual and reproductive health and rights (SRHR) in both developing and developed countries and calls for the EU and its Member States to fully support the right of women to bodily integrity, dignity and autonomous decision-making;
Amendment 295 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Reiterates that it condemns the practice of surrogacy, which undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity; considers that the practice of gestational surrogacy which involves reproductive exploitation and use of the human body for financial or other gain, in particular in the case of vulnerable women in developing countries, shall be prohibited and treated as a matter of urgency in human rights instruments;
Amendment 296 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
Amendment 297 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the Commission and the EU Special Representative for Human Rights to address the issue of forced marriage, including the phenomenon of underaged girls being forced to marry older men from outside their religion or belief, as a means of (re-)conversion from one religion or belief to another; condemns in strong terms any such use of forced marriage, house arrest, rape and other degrading treatment against women;
Amendment 314 #
2022/2049(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Condemns legislation, policies and practices, enabling child selection on the grounds of sex, race, disability or any other ground;
Amendment 333 #
2022/2049(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines its opposition to and condemnation of intolerance, xenophobia and discrimination on the basis of race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation or gender identitysex, which in many of the world’s regions leads to killings and persecution; stresses that racism, discrimination, xenophobia and related intolerance continue to be a major problem worldwide and have been further exacerbated by the COVID-19 pandemic; calls for the EU and its Member States to lead the global fight against antisemitism and welcomes the adoption of the EU strategy to this end;
Amendment 375 #
2022/2049(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Is deeply concerned about the growing restrictions of fundamental freedoms in Algeria and reiterates its call to the Algerian authorities to take immediate measures to guarantee the rights of its population to freedoms of expression, association and peaceful assembly, as already expressed in its resolution of 26 November 2020 on the deteriorating situation of human rights in Algeria;
Amendment 388 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Expresses its concern about the increasing persecution by the Algerian regime of the Christian community, through the closure or threats of closure of a dozen churches across the country;
Amendment 395 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Fully supports the right to freedom of thought, conscience and religion without fear of violence, persecution or discrimination; stresses the importance of addressing persecution on the grounds of religion or belief and condemns the persecution suffered by minorities on these grounds in many places around the world; calls on the Member States and the EEAS to take note of these cases and to respond to them accordingly;
Amendment 397 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35 c. Calls on the Commission and the Council to implement ambitious programmes to defend freedom of religion or belief worldwide, including encouraging and supporting international efforts to collect evidence of crimes of atrocity, bringing the perpetrators to court, rendering criminal sentences effective, and compensating the victims; calls on the Council, the Commission, the EEAS and the Member States to work with third countries to adopt measures to prevent and fight hate crime;
Amendment 409 #
2022/2049(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Is concerned by the growing body of evidence on transnational repression emanating from the People's Republic of China, aimed at silencing dissent across the globe and forcing the return of overseas nationals through extra-legal means, including the existence of physical ‘overseas police service stations’ in countries around the world, including Europe, by the PRC Public Security forces in cooperation with Chinese Overseas associations linked to United Front Work; stresses that such extraterritorial practices by a totalitarian regime are not only illegal, but represent a grave human rights risk; calls on the Council and the Member States to urgently investigate and close these stations and other mechanisms of transnational repression, and to provide for adequate monitoring, reporting and protection mechanisms for the communities at risk; further reiterates its urgent call for the remaining Member States which have not done so to suspend all active extradition treaties with the PRC and Hong Kong as the human rights situation in these territories is incompatible with Member States' international obligation of non- refoulement, and their maintenance is an essential part of the PRC's transnational repressive framework, and gravely infringes on the enjoyment of fundamental freedoms within the EU and around the world;
Amendment 429 #
2022/2049(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reaffirms the inalienable human rights of migrants, refugees and forcibly displaced persons, which must be reflected in the EU’s migration policy and in its cooperation with third countries in this area; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, particularly focusing on displaced women, children, ethnic, religious and belief minorities and persons with disabilities, who are among the most vulnerable, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and where possible step up their support for countries hosting most refugees, as well as transit countries; reiterates that close cooperation and engagement with third countries remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling is crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and to ensure their protection while they are displaced; underlines the importance of developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU13 , including the development of Talent Partnerships with partner countries; _________________ 13 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 476 #
2022/2049(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Condemns human rights violations in the Tindouf camps, in particular the military recruitment of children by the Polisario, sponsored by Algeria;
Amendment 480 #
2022/2049(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Highlights with concern the fact that religious, belief or ethnic background can be used as a discriminating factor in the distribution of food and humanitarian aid in the context of food insecurity and humanitarian crises; encourages the EU, its Member States and the Commission to bring this issue to the attention of the foreign governments concerned;
Amendment 517 #
2022/2049(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Welcomes the Commission’s proposal for a directive on corporate sustainability due diligence as a step towards fostering responsible corporate behaviour with regard to human, labour and environmental rights; emphasises that the directive’s requirements as regards reporting on the sustainability and due diligence strategies should apply to all publicly listed undertakings andlarge companies, as well as to small and medium-sized undertakings operating in high-risk world regions and economic sectors; calls on the Commission to draw up a strong and coherent strategy on forced labour as an accompaniment to its proposal, notably with a view to implementing a complete ban on EU imports of goods produced through forced labour;
Amendment 525 #
2022/2049(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Stresses that human rights must fully encompass the digital sphere and must be protected from the improperunethical use of technology; underlines the risks posed by digital technologies to personal liberty and democracy at large and condemns the role of digital technologies in human rights violationrecognises that digital technologies can pose a risk to human rights and dignity when used unethically, and condemns the role of digital technologies, including artificial intelligence, in human rights violations, though surveillance, monitoring, harassment and limitations to freedom of expression for religious minorities; calls for more intensive efforts to establish a comprehensive legal framework on digital technologies and human-centric artificial intelligence, which should balance the need to protect human rights with taking advantage of the possible gains such technologies can offer for human well- being; calls on the swift adoption of the Artificial Intelligence (AI) Act as an effective tool to safeguard that AI is used to this aim, with special focus on high risk AI; calls on the attention economy used by, among others, social media platforms to be included within the scope of high risk AI in order to protect vulnerable groups from being targeted by disinformation and manipulation of the public opinion;
Amendment 65 #
2022/0398(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is appropriate to exclude from the criminalisation activities which concern the provision of goods and services of daily use for the personal use of designated natural persons, such as food and healthcare products and services, or of petty cash, where it is clearly limited to fulfilling the basic human needs of such persons and their dependent family members. The failure to report such activities should also be excluded from criminalisation. In addition, it is appropriate to exclude from criminalisation the delivery of humanitarian aid to persons in need. Such humanitarian aid must be provided strictly in accordance with international humanitarian law and can notably consist of food and nutrition, shelter, health care, water and sanitation. Furthermore, in implementing this Directive, Member States should take into account that International Humanitarian Law, the law of armed conflict, requires that restrictive measures should not prevent the delivery of humanitarian aid in line with principles of impartiality, humanity, neutrality and independence. Such exclusion is not absolute and should only cover activities directly connected to the provision of humanitarian aid. Any other actions of an organization providing humanitarian aid are not covered by this exception.
Amendment 80 #
2022/0398(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To ensure the effective investigation and prosecution of violations of Union restrictive measures, Member States’ competent authorities should cooperate through and with Europol, Eurojust and the European Public Prosecutor’s Office (EPPO). These competent authorities should also share information among each other and with the Commission on practical issues. This cooperation should be within their respective competencies, with due regard to subsidiarity and respect that member states have primary responsibility for the implementation of Union restrictive measures.
Amendment 106 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Member States shall take the necessary measures to ensure that the violation of a Union restrictive measure by any natural, legal person, entity or body constitutes a criminal offence when committed intentionally and provided it falls in one of the categories defined in paragraph 2.
Amendment 118 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) enabling,facilitating or assisting the entry of designated natural persons into the territory of a Member State or their transit through the territory of a Member State in violation of a prohibition by a Union restrictive measure;
Amendment 122 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) trading in goods or services whose import, export, sale, purchase, transfer, transit or transport is prohibited or restricted by Union restrictive measures, acting as an intermidiary as well as providing brokering services or other services relating to those goods and services;
Amendment 145 #
2022/0398(COD)
Proposal for a directive
Article 3 – paragraph 6 – indent 3
Article 3 – paragraph 6 – indent 3
– to humanitarian aid when provided in good faith and in compliance with the provisions under relevant international and Union law for persons in need.
Amendment 175 #
2022/0398(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
(1) Member States shall take the necessary measures to ensure that legal persons including entities or body formed by them can be held liable for offences referred to in Articles 3 and 4 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on :
Amendment 180 #
2022/0398(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
(1) Member States and the EU where appropriate shall take the necessary measures to ensure that a legal person held liable pursuant to Article 7 is subject to effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines, exclusion from entitlement to public benefits or aid, exclusion from access to public funding, including tender procedures, grants and concessions and may include other penalties, such as:
Amendment 237 #
2022/0398(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters and the principle of subsidiarity, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in Articles 3 and 4. To that end, the Commission, and where appropriate, Europol and Eurojust, shall provide technical and operational assistance in order to facilitate the coordination of investigations and prosecutions by the competent authorities.
Amendment 36 #
2022/0288(COD)
Proposal for a regulation
–
–
The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 29 #
2022/0212(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that the Commission must guarantee that EU funds are not allocated or linked to any form of terrorism and/or religious and political radicalisation; reiterates its position that all schoolbooks and school materials supported by Union funds must be in line with UNESCO standards of peace, tolerance, coexistence, and non-violence; is concerned about the antisemitism, hate speech and incitement to jihad and violence taught in Palestinian school textbooks, indirectly funded by the EU; stresses that conditionality of EU financial assistance in the educational sector needs to be duly considered;
Amendment 45 #
2022/0212(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the EU and its Member States’ capacities to counter disinformation, hybrid warfare, propaganda and espionage must be strengthened due to, among other reasons, Russia’s war of aggression against Ukraine; calls for further funding for strategic communication to counter malicious interference, and reiterates the need of dedicated StratCom Task Forces, including one focused on interference emanating from the Middle East, in particular from Iran;
Amendment 308 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. Online search engines and other artificial intelligence services should also be covered. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate mannerand targeted manner. Considering the fundamental importance of the right to respect for private life and the right to protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications.
Amendment 333 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take effective and reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures necessary for the fulfilment of the obligations in this regulation may include the design of online interfaces or parts thereof with the highest level of privacy, safety and security for children by default, the adoapted to comply with that obligation, which may includeation of standards for protection of children, participation in codes of conduct for protecting children, targeted measures to protect the rights of the child, including age verification and-appropriate parental control tools, may also. Enabling flagging and/or notifying mechanisms and self-reporting functionalities, where possible with the use of AI, shall serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 353 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficientthe provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specifiedjustified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
Amendment 651 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
Amendment 653 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
Amendment 695 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The provider, where applicable, shall assess, in a separate section of its risk assessment, the voluntary use of specific technologies for the processing of personal and other data to the extent strictly necessary to detect, to report and to remove online child sexual abuse material from its services. Such voluntary use of specific technologies shall under no circumstances undermine the integrity and confidentiality of end-to-end encrypted content and communcations.
Amendment 862 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; or where:
Amendment 864 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
Article 6 – paragraph 1 – point b – point i (new)
i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,
Amendment 865 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
Amendment 866 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
Article 6 – paragraph 1 – point b – point iii (new)
iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.
Amendment 875 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
Amendment 1017 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b),2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
Amendment 47 #
2022/0134(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. QProfessional qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. __________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 52 #
2022/0134(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for spouses should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society.
Amendment 60 #
2022/0134(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family memberspouses and direct descendants is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities.
Amendment 64 #
2022/0134(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State shouldmay be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting intra and inter-regional imbalances.
Amendment 68 #
2022/0134(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In ordert is important to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, no. A check of the labour market situation should be carried out, when examining applications for residence in a second Member Statestate, should be carried out only in some specific cases when the second Member State finds it relevant.
Amendment 77 #
2022/0134(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members should be obliged to communicate to the competent authorities any change of employer or economic activity. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self-employed capacity, and no. A check of the labour market situation should be carried out only in some specific cases when the second Member State finds it relevant.
Amendment 135 #
2022/0134(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. EU long-term residents moving to a third country, or their survivors who reside in a third country and who derive rights from an EU long-term resident, shall receive, in relation to old age, invalidity and death, statutory pensions based on the EU long-term resident's previous employment that were acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the samesimilar conditions and at the same rates as nationals of the Member States concerned where such nationals move to a third country.
Amendment 142 #
2022/0134(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation fromIn compliance with Article 14(2) of Directive 2003/86/EC, Member States shall notmay examine the situation of their labour market when they find it relevant.
Amendment 170 #
2022/0134(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
Amendment 93 #
2022/0131(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, freedom of association and affiliation and access to social security benefits.
Amendment 103 #
2022/0131(COD)
Proposal for a directive
Recital 33
Recital 33
(33) It should also be possible for Member States should alsto put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third- country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences.
Amendment 196 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) require that a change of and in employerment be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,
Amendment 204 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The time limit may be extended in exceptional circumstances linked to the complexity of the check. The Member State concerned may oppose the change of employment within those 30 days.
Amendment 208 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threewo months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least three months expired.
Amendment 218 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 230 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point h a (new)
Article 12 – paragraph 1 – point h a (new)
(ha) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 246 #
2022/0131(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and, where appropriate, adequate inspections in accordance with national law or administrative practice.
Amendment 27 #
2022/0051(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75 , the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring decent living and fair working conditions with the special focus on the most vulnerable groups. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global supply and where relevant value chains, as referred to in the Commission Communication on fair and decent work worldwide76 . _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 31 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global supply and value chains. It is alsoAlthough combatting human rights violations worldwide ins the interest of companiesprime responsibility of states and governments, companies should follow the principles and standards as set out by international law to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value- oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and upstream supply chain as well as relevant value chains.
Amendment 45 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 48 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their supply and where relevant value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 51 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors or one or more high-risk geographical areas, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors or high-risk geographical areas should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 55 #
2022/0051(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to reflect the priority areas of international action aimed at tackling human rights, the selection of high-risk geographical areas for the purposes of this Directive should be based on the European External Action Service (EEAS) EU Annual Reports on Human Rights and Democracy and annually reassessed.
Amendment 59 #
2022/0051(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) In order to achieve an efficient implementation of this Directive, the Commission should introduce a toolbox to provide practical help to companies to comply with due diligence requirements, i.e. through contact points, sharing of best practices or standardized set of principles as a basis for a Code of Conduct.
Amendment 69 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the upstream supply and where relevant value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a proportionate last-resort action, in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take.
Amendment 78 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for relevant persons and organisations to submit complaintaffected by the companies´ actions to submit notifications directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintnotifications should include trade unions and other workers’ representatives representing individuals working in the valueupstream supply chain concerned and civil society organisations activewith a legitimate interest in the areas related to the valuesupply chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaintnotifications and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaintnotifications and remediation mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification and where relevant, to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintnotification. This access should not lead to unreasonable and repeated solicitations of companies.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors, specific high-risk geographical areas or specific adverse impacts.
Amendment 92 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 94 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaintnotifications or substantiated concerns raised under this Directive and limited to the obligations under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
Amendment 101 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligencfulfil concrete obligations under this Directive should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 112 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an established business relationship and
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) the extraction of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), rare earth elements, the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products).
Amendment 145 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the high-risk geographical areas based on the European External Action Service (EEAS) EU Annual Report on Human Rights and Democracy.
Amendment 167 #
2022/0051(COD)
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant tothe principles set out in the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises as well as the principles set out in the international environmental conventions listed in the Annex, Part II;
Amendment 169 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adverse impact on protected persons resulting from the violation of the principles set out in the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises as well as one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2;
Amendment 175 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 177 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 185 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whoseindividuals, groups, communities or entities who have specific attributes peculiar to them or are by reason of circumstances that differentiate them from all other persons and who have specific and actual rights or interests that are or could be affected by the products, services and operations of that company, its subsidiaries and its direct business relationships;
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
Amendment 203 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct based on a standardized European set of principles describing rules and principles to be followed by the company’s employees and subsidiaries;
Amendment 212 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 215 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b) or the respective high-risk geographical area as defined in Article 2 (1), point (ba).
Amendment 218 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and their representatives as well as other relevant stakeholders to gather information on actual or potential adverse impacts. In order to effectively conduct stakeholders consultations, companies should be entitled to prioritize the stakeholder categories to engage with according to the level of relevance of different groups of stakeholders for a particular type of a business or the level these groups will be affected by potential adverse impacts in question with a special focus on high-risk sectors or high-risk geographical areas.
Amendment 225 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take the following actions, where relevant with respect to the size, resources and capacity of the company in question:
Amendment 233 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affectedrelevant stakeholders;
Amendment 236 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 241 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4article 8 shall apply.
Amendment 242 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 245 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 248 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 250 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures with respect to the size, resources and capacity of the company in question in order to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 251 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Companies shall be required to take the following actions, where relevant and with respect to the size, resources and capacity of the company in question:
Amendment 263 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with relevant stakeholders;
Amendment 268 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 275 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe while paying a special attention to the possible aggravation of the human rights or humanitarian impact caused by this termination.
Amendment 277 #
Amendment 281 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaintnotifications to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their valuesupply chains.
Amendment 289 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintnotifications may be submitted by:
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they might be directly affected by an adverse impact,
Amendment 298 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’' representatives, including trade unions, representing individuals working in the valuesupply chain concerned,
Amendment 303 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisationstakeholders active in the areas related to the valuesupply chain concerned.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaintnotifications referred to in paragraph 1, including a procedure when the company considers the complaintnotification to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintnotification is well-founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6.
Amendment 310 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complaininformants are entitled
Amendment 318 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meet with thea company’s representatives at an where appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.
Amendment 336 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, European External Action Service and where appropriate with international bodies having expertise in due diligence, mayshould issue guidelines, including for specific sectors, specific high-risk geographical areas or specific adverse impacts.
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 127 #
2022/0009(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To further the knowledge in this area and support Member States, the Agency should define and finance relevant projects, such as the development of reference standards on new drugs, the elaboration of toxicological or pharmacological studies, implementing innovative approaches to research, and drug profiling. Such an approach would support the sharing of information between relevant laboratories and would decrease the costs for individual laboratories.
Amendment 129 #
2022/0009(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Since the Agency has access to data and the necessary scientific experience to develop and promote evidence-based interventions, best practices, harm reduction policies, and awareness rising and prevention strategies, it should be involved in prevention work, in particular exchange of best practices and implementable research results in drug prevention, drug- related crime prevention and the prevention of drug-related harms, including the elaboration of quality standards for drug prevention (European Drug Prevention Quality Standards) or of a curriculum providing decision- and policy- makers with the knowledge about the most effective evidence-based prevention interventions and approaches (European Union Prevention Curriculum)
Amendment 142 #
2022/0009(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 186 #
2022/0009(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point e
Article 6 – paragraph 5 – point e
(e) providing information on quality standards, innovative best practices, innovative and implementable research results in the Member States and facilitating the exchange and implementation of such standard and practices.
Amendment 281 #
2022/0009(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point h a (new)
Article 20 – paragraph 1 – point h a (new)
Amendment 309 #
2022/0009(COD)
Proposal for a regulation
Article 29 – paragraph 5 – point g
Article 29 – paragraph 5 – point g
Amendment 327 #
2022/0009(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 331 #
2022/0009(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 16 #
2021/2165(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
Amendment 17 #
2021/2165(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
— having regard to the October 2019 Council Conclusions and 2019 Finnish Presidency conclusions on mental health, all underlining the crucial importance of promoting mental health in the workplace,
Amendment 94 #
2021/2165(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas mental ill health affects more than one in six people across the Union in any given year, with a total cost of over EUR 600 billion – or more than 4% of GDP – across the EU1a; whereas the COVID-9 pandemic has highlighted the importance of good working conditions for mental health; __________________ 1a https://ec.europa.eu/health/sites/default/fil es/mental_health/docs/compass_2017wor kplace_en.pdf
Amendment 95 #
2021/2165(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas mental ill health at work has adverse economic consequences for business, as a result of absenteeism and presenteeism; whereas improved levels of psychological and physical well-being are directly associated with better workplace performance;
Amendment 2 #
2021/2157(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that Union agencies should focus on missions with clear European added value and activities and that organisation of such missions should be optimised to avoid overlaps in the best interest of the Union taxpayers;
Amendment 4 #
2021/2157(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. StressNotes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for eu-LISA, for which a qualified opinion was issued because of two payments that were not compliant with the provisions of framework contracts, amounting in total to EUR 10 405 074, representing 4,1 % of the total payment appropriations available in 2020; acknowledges eu-LISA's reply that the largest irregular payment was connected to an administrative omission concerning the acquisition of a different software from the one offered by the contractor in the tender for the associated framework contract; notes, furthermore, that the need to change one of the auxiliary software products used in the operation of the shared biometric matching system (sBMS) was of a pure operational nature, with the purpose of reducing the duplication of training and support efforts, ultimately reducing the overall operational costs for eu-LISA; underlines that following the issuance of the Court observation, eu-LISA responded promptly, signing an amendment to the framework contract in order to rectify the initial omission;
Amendment 6 #
2021/2157(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the Court's recommendation that the agencies' implementation of the budget should be subject to effective and efficient internal controls which should include ex-ante controls aimed at preventing errors and irregularities before operations are authorised;
Amendment 7 #
2021/2157(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes the Court's observation about excessive levels of carry-overs, in particular for eu-LISA, FRA and Frontex, and the recommendation that the agencies should further improve their budget planning and implementation cycles;
Amendment 13 #
2021/2157(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NAppreciates all the efforts made by the Union agencies to keep the high standard of their outputs, despite limitations posed by the COVID-19 pandemic; notes with satisfaction the joint paper on the COVID-19 response by the JHA agencies, which captures the agencies’ individual and joint efforts to deal with the impact of the pandemic; welcomes the JHA agencies’ replies to the COVID-19 pandemic which had unprecedented challenges for all;
Amendment 14 #
2021/2157(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Appreciates that according to the Court's observations, the Union agencies adapted well to the challenges posed by the COVID-19 pandemic; notes the Court review of COVID-19 responses by the agencies which focused on three main areas (implementation of business continuity measures, day to day operations and recruitment procedures, and measures taken to support wellbeing of staff); notes the according to the Court, the agencies activated business continuity plans in time to ensure smooth continuation of process; notes, however, that EASO did not have approved business continuity plan at the outset of the pandemic;
Amendment 16 #
2021/2157(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the Court's observation regarding an increase in weaknesses concerning human resources management, related in particular to recruitment procedures such as vacant managerial post for excessive period (EASO) and to management of grades for new staff members (Frontex);
Amendment 18 #
2021/2157(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on the Union agencies to continue presenting and publishing the results of their work and activities to citizens in order to increase general knowledge about their existence;
Amendment 21 #
2021/2157(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the Union agencies have no influence on the nomination of management board members and ability to achieve gender balance; notes that some agencies resorted to take measures to achieve gender balance in senior management when positions became vacant; reiterates its call on the agencies to work on reaching gender balance in senior management;
Amendment 7 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 13 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls of the fact that the European Anti-Fraud Office has initiated an investigation on the Agency; underlines that the outcome of the investigation was still pending by early December 2021; remindin 2019 involving the Agency; notes that the Ombudsman conducted two own-initiative inquiries into the complaints mechanism of the Agency and on the compliance by the Agency with its fundamental rights obligations; reiterates the concern onnotes that, according to the Agency’s reply, it is fully committed to and cooperates closely with the Ombudsman, as well as with the European Anti-Fraud Office and Parliament, on fundamental righs matters; notes the findings of the Court in its special report 08/2021 entitled ‘Frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the Parliament’s Frontex Scrutiny Working Group and the conclusions of the 13 internal inquiries by its management board; welcomes the Agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 October 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the Agency implemented 59 of those actions; calls on the Agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved;
Amendment 17 #
2021/2146(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates its call on the Commission to provide clear definitions and guidelines for the interpretation and implementation of the Agency's mandate, particularly border control aspects, to ensure an adequate and proper use of the Agency's financial means;
Amendment 18 #
2021/2146(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Agency’s efforts following the Parliament’s resolution of 29 April 2021 with observations forming an integral part ofcommendations made in the first and the dsecision ond discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2019, namely: (1) the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at AST level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; urges the Agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the Agency; welcomes the cooperation between the Agency and the European Union Agency for Fundamental Rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the Standard Operating Procedure for Serious Incidenreport for the financial year 2019; recalls the conditions formulated in the second discharge report of the Agency for the financial year 2019 for release of a budgetary reserve; reminds that the reserve has not been made in the budget of the Agency for 2022; ask nevertheless the Agency to inform the discharge authority on the progress made towards fulfilling the six conditions formulated in that Rreporting in May 2021;
Amendment 26 #
2021/2146(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (FRMs), as on 1 June 2022, 31 FRMs were in service, with three more to take office on 1 September 2022, more than one and a half year after the deadline set in the Agency’s founding regulation (5 December 2020); notwelcomes that the Agency now strives to have 46 FRMs; notes the explanation provided by the Agency that the delay was due to lengthy recruitment procedures in Union institutions and acknowledges its commitment to recruit the remaining FRMs as quickly as possible; notes that the FRO has expressed content with the procedure;
Amendment 30 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. CallExpects on the Agency to swiftly adopt a detailed procedure forsetting out different steps of the implementation of Article 46 of Regulation (EU) 2019/1896 and to suspend the Agency's operations supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union; calls on the Commission to support the Agency in that regard;
Amendment 32 #
2021/2146(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the second condition not yet met is the call on the Agency to suspend its support-related activities in Hungary, in accordance with Article 46 of Regulation (EU) 2019/18961 ; notes that the Agency, instead of suspending the support-related activities, rather takes additional safeguarding measures to get assurance from the Hungarian authorities that fundamental rights have been respected, and monitors this closely; notes that the Agency’s Fundamental Rights Officers recommend partially suspending return operations and additional safeguards when conductions return operations; recalls and supports the argument expressed by the Commission in the Committee on Budgetary Control meeting of 13 July that a presence of the Agency in Hungary allows the Agency to monitor and control possible violations of fundamental rights against refugees or asylum seekers by Hungarian authorities at the border; emphasises the importance of border control in the Agency’s mandate and the training of and cooperation with national authorities to implement the Union standards as foreseen in the legislation; _________________ 1 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 37 #
2021/2146(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Concludes that the Agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the Agency to adopt promptly a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, in line with the recommendations made by the Agency’s Fundamental Rights Officer in its annual report for 2022;
Amendment 38 #
2021/2146(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the Court's remark that in one case a national authority conducted two unannounced return operations, costing EUR 355 000 overall, which resulted in a sudden budgetary deficit for the Agency; notes that as a result, the Agency was forced to make an ex-post budgetary commitment, contravening its financial regulation;
Amendment 43 #
2021/2146(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes that the Agency has adopted a new process to increase transparency and equal opportunities by streamlining industry dialogues; calls on the Agency to comply with the highest standards of transparency and to have transparency register up-to-date;
Amendment 44 #
2021/2146(DEC)
6 c. Note's the Court's remark that the Agency asked the Commission on 1 September 2020 for permission to upgrade 100 AST posts into advanced-level posts (AD7 or higher); notes that the Agency, in anticipation of the Commission's reply, on 9 September 2020 sent out 47 offers to advanced-level candidates which consequently had to be withdrawn because the Agency did not have legal authority for such an action; calls on the Agency to ensure principle of legality in all its activities; calls on the Agency and the Commission to improve mutual communication in order to avoid such a situation in the future;
Amendment 48 #
2021/2146(DEC)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Notes the gender balance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25%) and at the level of the management board with 50 men (83,3 %) and 10 women (16,7 %); notes that the staff overall is composed of 870 men (70,5 %) and 364 women (29,5 %); reminds he Member States to consider gender balance when nominating members to the management board;
Amendment 51 #
2021/2146(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the Committee on Budgetary Control meeting of 28 February 2022 are indeed confirmed in the final report; notes from the statements of the Chair of the Agency’s management board in the Committee on Budgetary Control meeting of 13 July 2022 that actions have been taken in follow-up to OLAF’s conclusions in the final report; notes the comments from the Chair of the Agency’s management board, and the Commission’s deputy director-general for Migration and Home Affairs that the report shows the failings of the individuals concerned, and that there is no structural issue; recalls further that it was reconfirmed at this meeting that the OLAF final report does not contain any financial implications or indications of violations of sound financial management at the Agency;
Amendment 58 #
2021/2146(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges and highly welcomes the positive change in management style introduced by the Executive Director ad interim who promotes a team-based approach with a consultative and inclusive leadership with the full support of the Management Board and the Fundamental Rights Officer (FRO); welcomes the positive role of the new management board Chair and the important contribution by the FRO which has improved the intensity of meetings and support for the Agency;
Amendment 81 #
2021/2146(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Takes note that on 15 February 2022 OLAF concluded its investigation on allegations in relation to the exercice of professional duties and non-compliance with the rules in place; calls on OLAF and the Commission to make sure that the full investigation report will be shared with the discharge authority as soon as possible, while respecting its Regulation and all legal requirements on the protection of sensitive data and of the persons concerned; reminds that it is necessary to have clarity on all elements of the investigation, in order for the discharge authority to take an informed and correct decision in relation to the 2020 budgetary procedure;
Amendment 84 #
2021/2146(DEC)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Reminds the importance of the Agency and of its role as a border and coast guard of the Union; calls therefore on the Agency to step up its efforts to follow up and appropriately address all OLAF recommendations with a view to ensure full functionality, as well as effectiveness and credibility of its actions, especially in the context of the current situation in Ukraine, when the border control of the Union and proper management of the increasing migration flows become of paramount importance;
Amendment 89 #
2021/2146(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that not all management board member CVs and declarations of interest are published on the Agency’s website, most notably the declarations of interest of the chair person and deputy chairperson of the management board; calls on the Agency, with the aim of increasing transparency, to publish the missing CVs and declarations of interest on its website and to report to the discharge authority on the measures taken in that regard;
Amendment 4 #
2021/2145(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the Fundamental Rights Agency (‘FRA’) for the financial year 201920 to be legal and regular in all material respects; welcomes the fact that the adopted budget of FRA increased from EUR 292,4 million in 2019 to EUR 3023,7 million in 2020 returning to; notes that the estate of 2018; regrets the staff decrease from 114 to 105 (-7.9%)blishment plan has been kept at a constant level during the same time;
Amendment 5 #
2021/2145(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its regretNotes that the levels of commitment carry-overs for operational expenditure remained high and even increased from 60 % in 2019 to 83% in 2020; acknowledges that these carry-overs mainly reflect the nature of FRA’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes that FRA has established a monitoring tool on planned carry overs from one year to the next;
Amendment 15 #
2021/2145(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with satisfaction that FRA responded to the COVID-19 pandemic by publishing six bulletins, which provided a timely and comprehensive overview of the fundamental rights implications of national measures adopted across the Union to safeguard citizens from the COVID-19; welcomes that despite the challenges posed by the COVID-19 pandemic, FRA produced 163 079 materials and tools related to awareness-raising activities which is well above target set for 2020; appreciates the increased media presence of FRA;
Amendment 25 #
2021/2145(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes that FRA successfully implemented its Annual Work Programme in 2020 and managed to accomplish all targets; appreciates FRA’s support to other agencies and welcomes that FRA continues to explore ways of cooperation with agencies of similar interest;
Amendment 26 #
2021/2145(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes the gender distribution reported for 2020 in senior management is three women (50%) and three men (50%); notes that gender distribution in management board members is 30 women (60%) and 20 men (40%); notes that the staff overall is composed of 53 women (51,96%) and 49 men (49,04%); reminds the Member States to consider gender balance when nominating members to management board;
Amendment 6 #
2021/2144(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Deeply regrets that late payments were issued by the Agency in 33% of the cases in 2020 and that EUR 12 000 of interest was incurred as a consequence of those late payments; notes that the Agency has explained this issue in the context of continued understaffing, affecting infrastructure areas in particular; notes that the Agency is currently taking actions regarding this outstanding observation; calls on the Agency’s reply to the Court´s observations, however, does not address the structural character of late payments; calls on the Agency to identify origin of delays connected to these payments and to increase its efforts in this area in order to avoid financial and reputational risk;
Amendment 9 #
2021/2144(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Agency is addressing the 2019 Court’s finding relating to the weaknesses in contract management and ex ante controls linked to the fact that the Agency irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes the Agency´s reply that the decision was result of a thorough assessment to preserve business continuity and did not constitute a weakness in ex- ante controls; takes note of the Agency's commitment to have an internal audit on contract management in 2021 with a view to obtaining additional assurance on its contract management arrangements; calls on the Agency to improve the regularity of transactions;
Amendment 19 #
2021/2144(DEC)
4 a. Notes with satisfaction the Agency’s cooperation with other agencies, especially European Union Agency for Criminal Justice Cooperation, European Anti-Fraud Office, European Agency for Law Enforcement Training, and International Atomic Energy Agency; calls on the Agency to continue further in exploring possibilities for cooperation with other agencies;
Amendment 25 #
2021/2144(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recognizes the Agency´s contribution to prevent, respond and combat organized crime, to prosecute crimes against the financial interest of the Union, and to support Member states in their investigations and prosecutions;
Amendment 29 #
2021/2144(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the gender balance reported for 2020 for senior and middle management being 149 men (82,78%) and 31 women (17,22%), the management board with 42 men (79,25%) and 11 women (20,75%) and staff with 413 men (71,83%) and 162 women (28,17%); reminds the Member States to consider gender balance when nominating members to the management board;
Amendment 31 #
2021/2144(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Acknowledges the Agency's immediate response to the COVID-19 pandemic and the implementation of decisive measures to prevent further spread and ensure the safety of its staff;
Amendment 32 #
2021/2144(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Acknowledges the importance of the Agency’s role in the process of the UK’s withdrawal from the Union and underlines its commitment to follow up on future security cooperation;
Amendment 33 #
2021/2144(DEC)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Notes the decision of the EDPS to request the Agency to delete data concerning individuals with no established link to a criminal activity (Data Subject Categorisation); notes that the EDPS has been in a dialogue with the Agency about this matter and that the Agency has been given 12 months to comply with the order to proceed with DSC for all datasets existing on the day of the EDPS decision and six months from the date of reception of new datasets; notes the Agency's stated commitment to the highest standards of data protection, noting that Regulation (EU) 2016/794 does not contain an explicit provision regarding a maximum time period to determine the DSC and that the decision of the EDPS will impact the Agency's ability to analyse complex and large datasets at the request of the Union's law enforcement, since the Agency's work frequently entails a period longer than six months; calls on the Agency and the Legislator, where appropriate, to find ways to comply with and address the EDPS' concerns;
Amendment 3 #
2021/2143(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the essential role that Eurojust plays in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnationalcross-border and organised crime; expresses its satisfaction that Eurojust maintained full operational continuity during the COVID- 19 crisis; highlights the coordinating role that Eurojust has played in compiling and disseminating information on the main practical and legal issues arising from the COVID-19 pandemic in the field of judicial cooperation in criminal matters, as well as providing information about the impact of national measures taken in this context;
Amendment 10 #
2021/2143(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the close cooperation with Union and international partners, including the Commission and OLAF, OLAF and other Justice and Home Affairs agencies; highlights the progress in the collaboration between Eurojust and the EPPO and welcomes the negotiation of the working agreement to govern their future relations; welcomes the participation of Eurojust in the EU Victims’ Rights Platform;
Amendment 15 #
2021/2143(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Appreciates Eurojust’s participation in the digital criminal justice programme and seeking a leading role in the programme for the digitalisation and judicial operational cooperation across the Union institutions, bodies, officies and agencies and Member States;
Amendment 16 #
2021/2143(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes with satisfaction assessment of the internal control system made by Eurojust which concluded that all principles are implemented effectively; recommends Eurojust to address the Court’s finding, especially regarding the absence of ex-ante check on agreed prices in contracts and the invoiced rates that potentially concerns a systemic issue;
Amendment 18 #
2021/2143(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the gender distribution reported for 2020 in senior and middle management is five women (50%) and five men (50%); notes that gender distribution in management board members, is nine women (34,6%) and 17 men (65,4%); notes that the staff overall is composed of 152 women (68%) and 71 men (32%); reminds the Member States to consider gender balance when nominating members to management board;
Amendment 5 #
2021/2140(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the Court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of the Agency for the 2020; notes the Court’s explanation that the qualified opinion was issued in relation to two payments that were considered not compliant to the provisions of framework contracts, amounting in total to EUR 10 405 074 in 2020, representing 4,1 % of the total payment appropriations available in 2020 which exceeds the materiality threshold set for the audit; takes note of the Agency’s reply that the largest irregular payment was connected to an administrative omission regarding the acquisition of software different from the software offered by the contractor in the tender for the associated framework contract; notes the Agency’s explanation that the need to change one of the auxiliary software products used in the operation of the shared biometric matching System (sBMS) was of a pure operational nature, with the purpose of reducing the duplication of training and support efforts, ultimateland that non-compliance did not result in any preducing the overall operational costs for the Agencyjudice to the financial interests of the Agency or the Union; regrets, however, that the Agency did not follow procurement procedures, especially considering the large amount involved; underlines that following the issuance of the Court’s observation, the Agency responded promptly, signing an amendment to the framework contract in order to rectify the initial omission; points out that shortcomings in dedicated administrative positions may have a negative impact on the functioning of the procurement procedures within the Agency; calls on the Agency to ensure that procurement procedures are always respected; invites the Commission and the Agency to engage in an active dialogue on improving the Agency’s establishment plan, especially with respect to the level at which posts are allocated;
Amendment 8 #
2021/2140(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the significant decrease in carry-overs as compared to the Agency’s very low budget implementation in 2019 (55 % of appropriations in the final adopted budget); regrets that the rate of carry-overs remain substantial compared to the total budget, especially with regards to Title II (59,4 %) and Title III (23 %); calls on the Agencynotes the conclusion of the Court that even though the nature of the Agency's operations may spill over to the following year, the large amount of carry-over from the above mentioned titles is indicative of various structural issues affecting compliance with the Agency's financial rules; calls on the Agency to address those issues and to further ensure the respect of the principle of annuality;
Amendment 12 #
2021/2140(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes that despite the COVID- 19 pandemic, which influenced the Agency's business continuity, the Agency ensured the uninterrupted availability of the existing large-scale IT systems (SIS, VIS, Eurodac) and made further progress with the implementation of EES, ETIAS and the interoperability package;
Amendment 14 #
2021/2140(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the Agency improved its cooperation with other Union agencies, especially with the European Asylum Support Office (now the European Union Agency for Asylum), the European Union Agency for Fundamental Rights, the European Union Agency for Law Enforcement Training (CEPOL), the European Union Agency for Criminal Justice Cooperation (Eurojust) and with the European Border and Coastguard Agency; encourages the Agency to keep exploring possibilities for further cooperation;
Amendment 18 #
2021/2140(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Appreciates the Agency's annual assessment of its internal control system which showed that its internal control system is present, functioning and overall effective; calls on the Agency to analyse and to address identified weaknesses in the internal control principles;
Amendment 20 #
2021/2140(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes that the gender balance reported for 2020 in senior management is two men (100%) and no women; notes that the gender balance on the management board is 44 mean (81,5 %) and 10 women (18,5 %); notes that the staff overall is composed of 184 men (69,7 %) and 80 women (30,3 %); reminds the Member States to consider gender balance when nominating members to the management board of the Agency;
Amendment 7 #
2021/2133(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 5 #
2021/2122(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. WNotes with satisfaction the increasing occupancy rate of the Office which is expected to reach 90% at the end of 2021 and the decrease of the staff turnover to 5,73% in 2020; welcomes the downward trend in the number of interim workers compared to the total number of staff; highlights that one of the reasons underlying the dependency on interim staff was also the delay of the adoption and entry into force of the Regulation establishing a European Union Agency for Asylum (the ‘Regulation’); welcomes that an agreement has been reached in this regard and that the new legal framework will allow the new agency to employ remunerated experts; underlines that in order to decrease this dependency, the Office carried out an active dialogue with the Commission; regrets that only short term solutions could be identified and that the Office was allowed to employ 58 contractual agents in 2020 only for a period of one year, until the envisaged adoption of the Regulation; notes however, that due to the delay in the adoption of the Regulation, the Office found itself in a difficult situation, as the agreement did not allow it to extend these contracts until the entry into force of the new legal framework; notes with regret a serious lack of foresight on behalf of the Commission when designing and allocating these posts to the Office; underlines that the situation created had a negative impact on the recruitment capabilities and activities of the Office;
Amendment 22 #
2021/2122(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 26 #
2021/2122(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the European Anti- Fraud Office has initiated three disciplinary procedures in connection with the Office which are currently ongoing; calls on the Office to inform the discharge authority about the completion of these proceedings;
Amendment 28 #
2021/2122(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that Court declared total amount of EUR 1 177 848 as irregular payments; notes that those payments were related to procurement errors in procedures connected to rented premises in Rome in 2016 and 2017 and procurement procedures for rented premises in Lesbos;
Amendment 29 #
2021/2122(DEC)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
Amendment 32 #
2021/2122(DEC)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Welcomes the detailed report of the Office’s internal control system in the annual activity report which shows good insight into the state of internal control in the Office; encourage the Agency to continue with this practice in order to identify and implement improvements;
Amendment 12 #
2021/2120(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes that the Agency, in cooperation with the European Council and EMPACT, completed an ad-hoc training need analysis on the impact of COVID-19 on crime patterns;
Amendment 14 #
2021/2120(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that the Agency paid a cancelation fee for a hotel booking connected to a training event in Budapest due to COVID-19 restrictions; notes from the Court's report that the Agency could have cancelled the reservation without cost if a “force majeure” clause had been invoked; regrets that the Agency did not take necessary steps to protect the Union's financial interests and the payment is therefore considered irregular by the Court;
Amendment 16 #
2021/2120(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Agency's assessment of its internal control system which showed that only minor improvements are needed; notes that, according to the Court's report, several weakness were identified in the Agency's internal control system, especially in relation to management of budgetary commitments; calls on the Agency to adopt measures which will address these concerns;
Amendment 19 #
2021/2120(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency's cooperation with other bodies, offices and agencies in sharing resources and exploring synergies; notes the joint exchange programme with the European Border and Coast Guard Agency regarding border and coast guard activities;
Amendment 20 #
2021/2120(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Notes that the Agency reported to have three men (50 %) and three women (50 %) in its senior management and, among its staff overall 35 men (41,7 %) and 49 women (58,3 %); reminds the Member States to consider gender balance when nominating members to management board;
Amendment 30 #
2021/2115(DEC)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Expresses its grave concern about the revelations on alleged modifications conducted by EEAS to its critical report assessing narratives and disinformation around the COVID-19 pandemic, following pressure from Chinese diplomats; notes that EEAS confirmed that there has been influence attempts from China; highlights that specific references to China running a 'global disinformation' campaign and Chinese criticism of France's reaction to the pandemic were absent in the final version of the report; seriously questions in this context the denial by the High Representative of any link between China's influence attempt and the modification of the report; stresses that EEAS is the main Union institution responsible for countering foreign interference; highlights that EEAS should lead by example by never bending for external pressures and foreign attempts that destabilize or influence its functioning; regrets the loss of credibility of the EEAS as a result of these revelations; urges the EEAS to take action to counter any future foreign interference attempts; requests the EEAS to keep the discharge authority informed about possible additional inference attempts and its subsequent response;
Amendment 47 #
2021/2115(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66 a. Calls urgently for the deployment of adequate capabilities by the EEAS in order to address information manipulation and interference emanating from China; stresses further the need to significantly boost expertise and language capacity with regard to China and other strategically important regions;
Amendment 50 #
2021/2115(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. NotWelcomes that following the withdrawal of the United Kingdom from the Union on 31 January 2020, the EEAS finally established, in close cooperation with the Commission and Parliament, an EU Delegation an EU Delegation in London and a UK Division within its HQ structure; regrets however the delay in the granting of diplomatic status to EP staff working at the Liaison Office in London, and a UK Division within its HQ structurethe initial refusal of the EEAS to bring this issue to a satisfactory conclusion; understands that the Establishment Agreement replaces any temporary provisions and ensures that the Delegation in London, its members of staff and property, enjoy privileges and immunities equivalent to those referred to in the Vienna Convention in a similar way as the other 143 Delegations and Offices; regrets that EEAS negotiated the draft establishment agreement with the UK authorities without consulting the European Parliament; stresses that sending regular updates to the Parliament rather than properly consulting the Parliament does not meet EEAS' obligation of “appropriate support and cooperation” as laid down in Article 3(4) of the Council Decision establishing the EEAS; notes that by the end of 2020, almost 40 positions (including expatriate and local staff) were filled out of the 43 positions available in total; is aware that the Delegation is located in the building, property of the Union, used in the past by the Representation of the Commission and the European Parliament Liaison Office (EPLO);
Amendment 3 #
2021/2114(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. RegretNotes that the Court of Auditors’ (the Court’s) report on the implementation of the budget concerning the financial year 2020 does not contain any remarks about the European Data Protection Supervisor (EDPS);
Amendment 6 #
2021/2114(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the EDPS is not a decentralised Union agency; regretnotes the Court’s position that the small budget of the EDPS, its low volume of financial transactions and the low level of assessed risks do not justify the publication of a separate report on EDPS; underlines that the legality and regularity of EDPS transactions should neverthelesscontinue to be properly examined by the Court as transparency is vital for the appropriate functioning of all Union bodies; asks the Court to issue separate annual activity reports on the annual accounts of this important Union body;
Amendment 15 #
2021/2114(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the EDPS response to the new privacy and data protection challenges related to the COVID-19 pandemic, namely immediately establishing an internal task force to actively monitor, undertake actions and assess governmental and private responses to the outbreak;
Amendment 20 #
2021/2114(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the EDPS Strategy 2020-2024 and the supervisory and advisory role that the EDPS fulfils, especially sharing knowledge on monitoring Union institutions’ compliance with the “Schrems II” judgement1 in relation to transfers of personal data to third countries.; encourages the EDPS to apply its new strategy with a view to allowing the Union to remain a world leader in data protection and also to remain competitive among global players in the digital sector; _________________ 1Judgment of the Court (Grand Chamber) of 16 July 2020, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems, C-311/18, ECLI:EU:C:2020:559.
Amendment 23 #
2021/2114(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the 2020 annual report published by the EDPS in April 2021; appreciates the insight given on all EDPS activities;
Amendment 4 #
2021/2107(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern, the specificthe finding by the Court, in its annual report on the implementation of the budget concerning the financial year 2020, of minor errors in two payments (i) an over-payment for IT-services caused by an incorrect application of contract terms and (ii) an incorrect payment of a subsistence allowance to a Member, following a mistake in an attendance list; regretnotes that the control system in place did not prevent nor detect thoese two mistakes; calls on Parliament to implement the necessary changes to ensure that it only pays daily allowances to Members who qualify for them by the end of 2022 and to inform Parliament’s Budget Control Committee when those changes will enter into force, but recognises that the main control mechanisms function well taking into account the significant number of transactions per year;
Amendment 9 #
2021/2107(DEC)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
- with regard to the first phase of the audit of financing of European political parties and European political foundations, acknowledging that the Authority for European Political Parties and European Political Foundations (the Authority) had very limited resources at its inception for setting up new management and control procedures; considering that there remain areas of joint or overlapping responsibilities between the Authority and DG FINS that provide scope for further enhancement of the cooperation foreseen by the main legislation governing the registration process (Regulation (EU) 1141/20142[1] with subsequent amendments), notably under its Article 28; identifying a number of provisions governing the registration process in the Regulation for which there may be scope to enhance the clarity, comprehensiveness and ease of application; _________________ 2Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (OJ L 317, 4.11.2014, p. 1).underlines the necessity for Member States to ensure that their contact points are available to the Authority for regular meetings;
Amendment 22 #
2021/2107(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Appreciates the remarkable efforts of Parliament and its IT services during 2020 to immediately provide members, staff, accredited parliamentary assistants and trainees with electronic devices to work remotely; asks, however, to know the buying criteria for the devises and which practical considerations influenced the decision to buy the currently used surface devices; underlines with concern the amount of technical issues with the devices among Members and assistants, such as abrupt disconnections, lost documents, overheating, short battery capacity, and poor connectivity during video calls;
Amendment 30 #
2021/2107(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Underlines that interpretation is vital for the functioning of committees and parliamentary life; recognises that due to the sudden and disruptive changes caused by the pandemic and consequent sanitary restrictions, the administration had to quickly find feasible solutions to provide interpretation services; stresses that some committee sessions did not have all required languages, thus complicating participation of some members and diminishing their options to interact; understands that the three working languages are English, French, and German but strongly highlights that any of the 24 official languages should be provided upon request of members;
Amendment 34 #
2021/2107(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. DeplorNotes the fact that there is no system in place to ensure that Members who are temporarily absent for a justified reason, such as maternity leave, parental leave, long-term sick leave or career’s leave, can continue to carry out their core duties, first and foremost to speak in debates and to vote; calls on the Committee on Constitutional Affairs to provide for the continuation of remote participation and for providing for the substitution of a Member - whether female or male - while on parental leave and in the above mentioned cases; urges the Bureau to find feasible and temporarily limited solutions for members who are absent for justified reasons, such a maternity leave, paternity leave, serious health matters, or temporary carer's leave, to continue to carry out their core duties, first and foremost to speak in debates and vote; recalls that daily allowances remain linked to physical presence at Parliaments places of work;
Amendment 42 #
2021/2107(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 52 #
2021/2107(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls for the removal of remaining individual printers, encouragingEncourages Parliament’s staff to use high quality printer stations shared by several offices; encourages staff to request the removal of remaining individual printers on a voluntary basis bearing in mind the lifecycle of printers and the potential waste volumes of such devices; encourages Parliament’s staff to use high quality printer stations shared by several offices;
Amendment 61 #
2021/2107(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Welcomes the introduction of a wider and more sustainable food choice, including the introduction of a greater variety of vegetarian and vegan products, in Parliament’s canteens; reiterates that plant-based food not only has health advantages but also has a much lower carbon footprint; calls on Parliament to increase the variety of vegetarian and vegan meals further and incentivise the consumption of such meals with a view to reducing the consumption of meat, fish and other animal-based products in Parliament’s canteens as much as possible; further requests that minimum one fresh gluten-free meal option is available each day and that allergy and diet information is displayed visibly on the food cards next to the counters;
Amendment 69 #
2021/2107(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Notes with satisfaction that, since the start of the new legislature, the necessary infrastructure to enable Members to publicise scheduled meetings with interest representatives has been available on Parliament’s website with a view to improving transparency; calls on Parliament’s services to expand the infrastructure to allow assistants and policy advisers to voluntarily publish their meetings with interest representatives; recalls that Rule 11 of the Rules of Procedure obliges Rapporteurs, Shadows and Committee Chairs to publish their meetings with interest representatives; notes with concern that as of 30 April 2021, only 380 out of the 705 current Members had publicised at least one meeting with an interest representative on Parliament’s website; further notes that 10 out of the 24 Committee Chairs have published none or just a single meeting with an interest representative since the start of this legislature; recalls that the nature of competences of different committees does not necessarily warrant a significant number of meetings that fall under current transparency obligations; recalls that the information, reminder notices and emails on the obligation to publish meetings should be sent to all Members at more regular intervals;
Amendment 81 #
2021/2107(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. CRecalls onthat the Advisory Committee on the Conduct of Members tois regularly publish on Parliament’s website any investigations,sponsible for investigations and making a recommendation to the President, but decisions and sanctions arelated to potential or real breaches of the Code of Conduct, rather than doing so in the annual report; further calls on Parliament to publish decisions and sanctions imposed by the Advisory Committee against Members on the respectiv a sole matter for the President as established in Article 176(2) of the Rules of Procedure; recalls that that committee is the body to provide advice, which represents an interim and non-binding stage, thus preventing the committee from publishing information on investigations and sanctions; strongly underlines that the publication of information on individuals cases before a final decision is not compatible with the principle of confidentiality of investigations, thus running contrary to legal principles of a sound conduct of investigation, presumption of innocence, and protection of personal rights; opposes the mentality to publicly hunt and accuse Member’s pawith charges on Parliament’s websitef misbehaviour, which have not been proven;
Amendment 92 #
2021/2107(DEC)
Motion for a resolution
Paragraph 58
Paragraph 58
58. ExpStresses its strong regret over the fact that the Bureau still refuses to implement the will of the Plenary expressed on numerous occasions to reform the General Expenditure Allowance (GEA), thereby actively preventing Union taxpayers' money, which amounts to 40 million Euro per year, from being spent in a more transparent and accountable manner; repeats its call for a reform of the GEA that would establish sample checks annually by Parliament’s services on 5% of Members’ GEA expenditure, and that would oblige Members to keep all receipts pertaining to the GEA, to annually publish an overview of expenditure by category as well as an independent auditor’s opinion on Parliament’s website, and to return the unspent share of the GEA at the end of the mandate; notes that the requested sample checks would pertain to checking 36 randomly selected Members per year and, bthat the general expenditure allowance is a lump-sum allowance and underlines the necessity of independence of the free mandate as stated in the Rules of Procedure; stresses that the management of the general expenditure allowance should not lead to increased level of bureaucracy for Members’ offices and Parliament’s administration; recalls that based on calculations by the Directorate-General for Finance, by pro-rata projection, switching the payment of the general expenditure allowance into a reimbursement regime would require at least 75 full time equivalent positions, which constitutes an unrealistic increased on a calculation by DG FINS, would require an estimated maximum of 4 to 6 FTE postsf staff and rises the administrative burden;
Amendment 94 #
2021/2107(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Recalls that pursuant to Rule 11(4) of Parliament’s Rules of Procedure, Parliament provides Members already with the possibility of which provides that “The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publishing a voluntary audit or confirmation of their GEA expenses; regrets that only five voluntary declarations on the use of the GEA were submitted during the calendar year 2020, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the general expenditure allowance complies with the applicable rules of the Statute for Members and its implementing measures”; notes that such publications are made individually and optionally under the Members’ own responsibility and that Parliament’s administration is not responsible for compiling the information provided; recalls that members are tasked with the correct and proper spending of funds; calls on Parliament’s services to send an annual yearly reminder to Members in relation to this possibility; calls on Parliament to regularly inform the discharge authority of how many Members follow these recommendations in order for the spending of Union taxpayers’ money to become more transparent and accountable;
Amendment 98 #
2021/2107(DEC)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Recalls that the European Ombudsman, in her recommendation of 29 April 2019 in case 1651/2018/THH, found that Parliament’s refusal to grant public access to documents related to the revHighlights the fact that the 2018 Bureau decision ofn the list of expenses that might be covered by the GEA constituted maladministration and recommended granting public access to a proposal from the Parliament Bureau’s ad hoc Working Group, includgeneral expenditure allowance stipulates that the Bureau will maintaing the options listed in that proposal; regrets that Parliament rejected the Ombudsman’s recommendation and urges Parliament’s administration to reconsider granting public access to the documents in questionis decision until the end of 2022 and will evaluate it on the basis of the experience gained during the 9th parliamentary term;
Amendment 108 #
2021/2107(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Calls on the Bureau to establish a system to allow APAs to take unpaid leave for longer periods of time similar to other staff, which can take up to six months unpaid leave during their career;
Amendment 128 #
2021/2107(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
Amendment 129 #
2021/2107(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 135 #
2021/2107(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Calls forSupports a debate on the space needs of Parliament in light of the effects of the COVID-19 pandemic, current and future increase in teleworking and, if appropriate, for the adaptation of its long- term building strategy; requests, in particular, that the building policy be reviewed to ensure a dedicated office space for each staff member, as this policy would result in significant office space being unused during large parts of the working weekcalls the work done by the focus groups and the working group on buildings and requests their involvement in this debate; encourages the review of the building policy to see if a dedicated office space for each staff member remains necessary, as a change might result in office space savings; considers that voluntarily e.g. two staff members teleworking for 3 days a week should be able to share one work station; recalls that many members, APAs, and staff appreciate the working setting at Parliament's three places of work and consider it part of their professional well- being to have enough office space to work;
Amendment 140 #
2021/2107(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. highlights that the mopping-up practice has favoured savings of more than EUR 100 million over the last years in interest payments and thus constitutes best practice for the use of taxpayers money in public institutions; encourages the Bureau to identify additional budget lines that could benefit from this practice; notes that this practice has helped prevent the spending of remaining funds for unnecessary expenses at the end of the year; recalls that the “mopping-up transfer” supports the long-term building strategy of Parliament of owning buildings instead of renting them; recalls that the ramassage enabled Parliament to buy the strategically important Scholl building in 2020 and pay the full buying price in one transaction thus avoiding further financing costs
Amendment 144 #
2021/2107(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
Amendment 146 #
2021/2107(DEC)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Points out the purchase price of the Scholl building, purchased at EUR 74,9 million; underlines that the difference of EUR 10 590 000 between the purchase price (EUR 74 900 000) and the estimation by the external expert (EUR 64 310 000) should be analysed against the situation where Parliament would not have acquired the building; notes that the usufruct contract signed by Parliament in 2009 did not include an exit clause, entailing that Parliament would have in any case had to pay the full amount of due usufruct payments for the remaining contractual period (~ EUR 24 000 000); stresses that if Parliament had not acquired the building, it would have paid in any case the usufruct and in addition would have lost already realised investments; notes that in total this potential loss in case of a non-acquisition amounts to EUR 39 300 000; emphasises that Parliament, by acquiring the Scholl building in 2020, with a price of EUR 74 900 000, has guaranteed the safeguarding of EUR 39 300 000, as well as avoided the future increase of the real estate market value and the risk of losing the building to a potential new undesirable investor in closest proximity; notes that while bearing in mind the calls by the Committee on Budgetary Control for cost-efficiency in real estate transactions, the purchase of the Scholl building seems justified given the financial and strategic explanations;
Amendment 148 #
2021/2107(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Highlights that, in Brussels, some buildings either currently occupied by Parliament or of major strategic interest due to their location and the related security aspects, are not part of Parliament's propertyortfolio, as was the case with the SCHOLLScholl building before it was acquired by Parliamentsition; notes that Parliament's Building Strategy Beyond 2019 underlines the importance of owning and interconnecting Parliament’s central buildings and mentions TREVESreves II as a building that is in Parliament’s interest to acquire; notes that while these criteria are important, they should not be the ultima ratio foressential and that they should be carefully analysed when proposing the purchase of a new building and cannot justify the purchase of additional office space at a price that lies significantly above market value, which must be concluded at a price representing an acceptable negotiation result and be the best offer in line with the quality-price ratio established for the procurement;
Amendment 155 #
2021/2107(DEC)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Notes that the Committee on Budgets is responsible for opinions and decisions concerning buildings-related projects with significant financial implications according to Annex VI to the Rules of Procedure; notes the competences of the Committee on Budgets in Article 266 of the Financial Regulation in relation to buildings of all institutions, bodies and offices, including Parliament; underlines that this includes early information, information on transparent and detailed planning, scrutiny, and decision making as well as the authorisation of projects;
Amendment 186 #
2021/2107(DEC)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Notes with interest that, according to Parliament’s Legal Service, it follows from the two judgments that the Court of Justice confirms that acquired rights as such, of Members who have already fulfilled all the necessary conditions for the acquisition of the right to the additional voluntary pension, are fully protected under the general principles of Union law; notes, however, that the judgments also confirm that this does not prevent the Bureau from modifying the conditions as well as modalities of this group of Members on the condition that the principle of proportionality is duly respected, as well as for those Members who have not yet fulfilled all the conditions for the acquisition of pension rights and who therefore only hold future entitlements under the pension scheme, a situation which is further confirmed by the judgement of the Court of Justice of 24 September 2020 in Case C- 223/19:, YS v NK; asks the Secretary- General to guarantee that no taxpayer money is used for any future bail-out; considers that a review of the financial model of the fund would not be sufficient to prevent additional taxpayers money from being used for future payments; urges the Secretary-General therefore to also propose measures on adjusting the modalities of the fund, including a further increase of the retirement age and a reduction of pension benefits paid out;1a; urges the Bureau and administration therefore to propose a future fit solution that takes into account the pension and living situation of entitled Members and former Members as well as the principles of sound financial management and relevant case law of the European Court of Justice; calls on all concerned stakeholders to promptly find a sustainable and feasible solution; _________________ 1aJudgment of the Court of Justice of 24 September 2020, YS v NK, C-223/19, ECLI:EU:C:2020:753.
Amendment 191 #
Amendment 192 #
2021/2107(DEC)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
Amendment 193 #
2021/2107(DEC)
Motion for a resolution
Paragraph 95 b (new)
Paragraph 95 b (new)
95 b. Calls on the Bureau to ensure that the JSIS shall provide a coherent and individual explanation for declining a reimbursement request; regrets the culture of declining a reimbursement request in pdf format without the possibility to challenge the decision in person; calls on the Bureau to introduce the possibility for local doctors in charge of a treatment of an applicant to talk to the responsible JSIS unit or expert group to explain the treatment and medical benefits; further expresses its wish to improve the user-friendliness of the application enabling a quicker and more direct follow-up of individual requests;
Amendment 196 #
2021/2107(DEC)
Motion for a resolution
Paragraph 105
Paragraph 105
105. Notes that the vast majority of EUuropean political parties’ funding comes from public sources and, therefore, requires the highest level of transparency and accountability; underlines that the Authority should provide information covering the registration and financial situation of EUuropean political parties and foundations to the greatest extent possible; welcomes the efforts made by the Authority to make a wide array of information accessible to citizens on its website; calls on the Authority to make sure that the documents published in its website are user-friendly, complete and updated and recognises the announcement of the Authority during its hearing to complete a website accessibility benchmarking exercise;
Amendment 197 #
2021/2107(DEC)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Points out that the Authority has limited powers with regard to verifying whether a registered party or foundation is in breach of the EUnion’s core values and has never triggered the complex values compliance procedure thus far; calls for the strengthening of the current administrative set-up of the Authority in order to better monitor its compliance with the relevant rules and the implementation of sanctions, as well as to ensure its complete autonomyindependence and neutrality;
Amendment 1 #
2021/2106(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that for expenditure specifically for Heading III (Security and Citizenship) the Court of Auditors (the ‘Court’) chose to examine a sample of 27 transactions designed to contribute to the Court's overall statement of assurance; deeply regrets that the Court did not estimate the error rate for Heading III as, while taking into account the Court’s explanation that the audit scope was not designed to be representative for this Heading; regrets this choice by the Court despite multiple calls from Parliament to calculate the estimated level of error; deplores the fact that eight out the 27 transactions examined by the Court contained errors among which four contained quantifiable errors which had a financial impact on the amounts charged to the Union budget and four showed non- compliance with legal and financial provisions; highlights that such cases may have an important negative reputational impact; urges the Commission to address that situation and and may eventually undermine compliance with the principles of sound financial management of Union spending; urges the Member States to address the causes which led to these situations of non-compliance and asks the Commission to report to the discharge authority about the progress achieved;
Amendment 5 #
2021/2106(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court did not find major flaws in the Commission’s clearance procedures regarding the Asylum, Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF); notes with concern that for both the AMIF and the ISF significant amounts remain undisbursedwelcomes that Member States stepped up their national programmes in 2020, but notes with concern that for both the AMIF and the ISF significant amounts, corresponding to roughly 50 % of the available budget for those programmes, remain undisbursed; acknowledges that the significantly lower level of payments disbursed for Union actions compared to previous years resulted from advance payments and delayed project activities caused by pandemic-related restrictions; calls on the Commission to further engage in dialogue with the relevant national authorities and identify areas where it could offer support; reiterates, nevertheless, furthermore its call on Member State authorities to increase their efforts for accessing funding available under those programmes with a view to contributing to the achievement of their important policy objectives;
Amendment 10 #
2021/2106(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. NotWelcomes that, according to the Commission 2020 Annual Activity Report, the average residual error rate across the AMIF and the ISF is 1,37 %, well below the material threshold of 2 %; recalls, however, that that data refers only to detected errors and that the Court has previously identified shortcomings in the error detection mechanisms of the Commission for funds under shared management; calls on the Commission to increase, in accordance with the findings of the Court, to maintain its efforts toin improveing the error and irregularities detection rate and urgescalls on Member States to improve the reliability of data transmitted to the Commission with respect to error rates for all funds under shared management;
Amendment 16 #
2021/2106(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the residual error rate has increased by comparison to the previousremained almost in the same range as last year (2,69 % in 2020 as compared to 2,65 % in 2019) for grants under direct management of the Directorate-General for Justice and Consumers (DG JUST); notes that the main cause of error is the lack of supporting documents which has even worsened in 2020 by the fact that due to the COVID-19 crisis the audits had to be performed remotely without access to the bookkeeping of the beneficiaries; calls on the Commission to address this issue and make use of digital tools that allow remote access to bookkeeping of beneficiaries; welcomes the corrective action plan outlined by DG JUST; recalls the importance of monitoring visits for ensuring sound financial management;
Amendment 19 #
2021/2106(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that based on Article 22 of the Recovery and Resilience Facility Regulation the Member States are responsible to ensure the protection of the financial interests of the Union; notes that the Commission plays an important role in ensuring that national audit systems provide for credible, reliable and relevant information; stresses that the Member States and the Commission's administrative capacities need to be scaled up to ensure sound financial management; notes that the Commission is responsible to provide technical assistance and advisory services to improve the respective administrative capacities in the Member States; calls on the Commission to provide the discharge authority with an overview of the specific measures that have been taken to ensure an appropriate staffing in the Commission and the Member States;
Amendment 100 #
2021/2098(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the EU institutions and Member States to recognise the high levels of mental health issues across the EUs one of the key priorities in EU health sector and commit to actions regulating and implementing a world of work which protects workers’ mental health and social protection rights; encourages the Commission to present comprehensive EU Mental Health Strategy and the Member States to prepare mental health national action plans;
Amendment 220 #
2021/2098(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to take into account the latest scientific evidence and research in mental health, especially regarding potential of innovative approaches in mental health treatment; encourages the Commission to closely follow and monitor best practices that have been already successfully implemented in this area and to facilitate exchange of those best practices among the Member States;
Amendment 3 #
2021/2054(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. notes that the number of off- budget instruments continues to grow, considers that the instruments such as Next Generation EU underlie the direct management of the Commission; highlights that the Parliament needs to fulfil its mandate in decision-making, scrutiny and discharge functions; requests that the Financial Regulation is updated, allowing the Parliament to fulfil its mandate in controlling these new mechanisms; stresses that this is particularly important in the context the digitalisation of the European reporting, monitoring and audit;
Amendment 9 #
2021/2054(INL)
Motion for a resolution
Recital H
Recital H
H. whereas for companies the current systems in most cases do not contain information about the owner or owners of the companies, and their beneficial owners;
Amendment 14 #
2021/2054(INL)
Motion for a resolution
Recital L
Recital L
L. whereas some companies and natural persons operate in more than one Member State and company structures can be highly complex and opaque;
Amendment 16 #
2021/2054(INL)
Motion for a resolution
Recital N
Recital N
N. whereas all these factors illustrate that there is an urgent need to create a standardised Union-wide interoperable digital system for Member States‘ implementing authorities to report about the beneficiaries of CAP and structural and cohesion funds in order to enable national control and audit authorities, Union institutions and the public to obtainbodies, the ECA, OLAF and EPPO to obtain complete and reliable information about the identity of final beneficiaries, how much they receive and from which funds;
Amendment 19 #
2021/2054(INL)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas the public should have access to information on the direct and final beneficiaries of EU funds to the greatest extend possible in line with applicable data protection rules and the standing jurisprudence of the CJEU on the publication of data on beneficiaries of EU funds;
Amendment 26 #
2021/2054(INL)
Motion for a resolution
Recital S
Recital S
S. whereas public entities are often the direct recipients of money from CAP or structural funds which is then paid to other recipients as part of a specific program implementation; whereas in such situations the public entity should also be obliged to report about who the final recipients of the money have been; whereas the digital system should include interoperability inter alia with internal systems of relevant national bodies and authorities, managementand paying authorities, as well as national public procurement and tender databases;
Amendment 27 #
2021/2054(INL)
Motion for a resolution
Recital T
Recital T
T. whereas such an interoperable system should respect GDPR rules and reasonable “de minimis rules” for the publication of data;
Amendment 29 #
2021/2054(INL)
Motion for a resolution
Recital V
Recital V
V. whereas rules on transparencyhe publication of data concerning beneficiaries of funds from shared management policies should as far as possible be harmonised with rules concerning beneficiaries of funds in direct management;
Amendment 34 #
2021/2054(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the firm opinion that the most efficient and effective way to ensurefurther enhanced protection of Union finances and enable further transparenceven closer scrutiny is to create an integrated, interoperable and harmonised system to collect, monitor and analyse information about final beneficiaries in all Member States.;
Amendment 35 #
2021/2054(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that transparency about the implementation of the rules and accordingly about the identity of recipients of money from different funds and programmes and about the amounts they receive is an essential part of ensuring trust in the financial management of Union funds; acknowledges that the publication of data on beneficiaries should include “de minimis” thresholds in line with applicable data protection rules and the standing jurisprudence of the CJEU;
Amendment 39 #
2021/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that transparency about final beneficiaries will ensure that auditing, control and discharge authorities in national administrations, the Commission, the Council and the Parliament will have much better and more accurate possibilities to ensure that money is being spent efficiently according to rules and policy ambitions; emphasises that also the ECA, OLAF and EPPO will be able to fulfil their respective responsibilities with greater efficiency and accuracy if given full access to complete and reliable information;
Amendment 43 #
2021/2054(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines furthermore, that transparencya more coherent and EU wide publication of data about final beneficiaries will give journalists, civil society representatives and the general public much better possibilities to raise legitimate questions and concerns and thereby to expose potential cases of misuse or fraud of Union funds;
Amendment 44 #
2021/2054(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the present situation where it is impossible to get a reasonably complete picture about who is receiving how much from especially shared management funds, including particularly the lacking possibility to aggregate individual amounts concerning the same direct and/or final beneficiary and/or beneficial owner, is unacceptable and needs to be changed as soon as possible to increase the efficiency of Union funds;
Amendment 47 #
2021/2054(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the revision should ensure that it is possible to identify final beneficiaries of funds and therefore the revision should, among other things, contain an obligation for reporting systems to include detailed information about the type of beneficiary and unique identif; considers that compulsory information items collected for audit and control purposes need to include as a minimum the registration number of legal entities, national identification number for natural persons, an indication of the type of beneficiary, sub-contractors, beneficial owners, whether the beneficiary also receives State aid and the beneficiary’s contact information; underlines that access to sensitive data through the interoperable digital reporting and monitoring system must be limited to responsible nationaland European authorities, institutions and bodiers for all direct beneficiarieudit, control and discharge purposes and strictly in line with data protection requirements;
Amendment 50 #
2021/2054(INL)
15. Underlines that the revision should further ensure that when the direct recipient of Union funds is a company it should be ensured that it is possible to identify the beneficial owners of that company;
Amendment 53 #
2021/2054(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that in situations where the direct recipient is a company which is owned by another company, it should be ensured that it is possible to identify the beneficial owners of the second company also, and that this obligation should continue to apply no matter how many companies are involved;
Amendment 54 #
2021/2054(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that this obligation to identify the beneficial owner should as a minimum apply whenever any natural or legal person owns more than 310% of the company in question; emphasises that company shares belonging to relatives should be aggregated and counted as one;
Amendment 56 #
2021/2054(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the obligation of being able to identify the beneficial owners of the company should also apply when a company is located in a non-Union country;
Amendment 57 #
2021/2054(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the revision of the Financial Regulation should also ensure that public entities, which are the direct recipients of Union funds, should be obliged to report concerning the final beneficiaries of the funds, i.e. if it is natural or legal persons other than the public entity itself; underlines the necessity for the digital system to include interoperability with internal systems of relevant national bodies and authorities, management and paying authorities, as well as national public procurement and tender databases;
Amendment 61 #
2021/2054(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that such a system shall be based on standardised measures to collect, compare and aggregate information and figures on the direct and final recipients and beneficiaries of Union funding, for the purposes of control and audit, audit and discharge;
Amendment 66 #
2021/2054(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Requests that the system is designed in such a way that it automatically links to databases containing updated information about company ownership as well as interoperability with internal systems of relevant national bodies and authorities, management and paying authorities, as well as national public procurement and tender databases;;
Amendment 68 #
2021/2054(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that such a system should respect the Union data protection rules and standing jurisprudence of the CJEU; notes that there might bare differences between the level of detail in information which is made available for the public in general and which is available for audit, control and discharge authoritiesneeds to be collected, aggregated and stored for audit, control and discharge purposes and which can be made available for the public in general; stresses that audit, control and discharge authorities should always havemust have full access to all available information while the publication of data may be restricted by applicable data protection requirements and “de minimis” thresholds;
Amendment 73 #
2021/2054(INL)
Motion for a resolution
Annex I – paragraph 10 – point 3
Annex I – paragraph 10 – point 3
(3) To enhance the protection of the Union budget, the Commission should make available an integrated and interoperable information and monitoring system, including a single data-mining and risk-scoring tool, to access, store, aggregate and analyse the aforementioned data with a view to a generalised mandatory application by Member States. That system should ensure efficient checks on conflicts of interests, irregularities, issues of double funding, and any misuse of the funds. The Commission, the European Anti-Fraud Office (OLAF) and other Union investigative and control bodies should have the necessary access to that data in order to exercise their supervisory functions in relation to the controls and audits that are to be carried out by the Member States in the first place to detect irregularities and conduct administrative investigations into the misuse of the Union funding concerned, and to get a precise overview of its distribution.;
Amendment 75 #
2021/2054(INL)
Motion for a resolution
Annex I – paragraph 12 – point 2 – point b – paragraph 1 – introductory part
Annex I – paragraph 12 – point 2 – point b – paragraph 1 – introductory part
‘The following non-sensitive information shall be published, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:;
Amendment 76 #
2021/2054(INL)
Motion for a resolution
Annex I – paragraph 12 – point 4 – paragraph 2 – point 2 a (new)
Annex I – paragraph 12 – point 4 – paragraph 2 – point 2 a (new)
Amendment 77 #
2021/2054(INL)
Motion for a resolution
Annex I – paragraph 12 – point 4 – paragraph 2 – point 3
Annex I – paragraph 12 – point 4 – paragraph 2 – point 3
3. The Commission, the European Anti-Fraud Office (OLAF), the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO), as well as other Union investigative and control bodies, including the discharge authority, shall be granted access to the information contained in the system referred to in paragraph 1 where necessary for the exercise of their functions.
Amendment 323 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis, as a result of collective bargaining, based on the Code of Conduct agreed among the relevant stakeholders, or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 357 #
2021/0414(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Code of Conduct based on the agreement among relevant stakeholders as a form of self-regulation focused on improving working conditions of genuine self-employed persons performing platform work including their social protection should be encouraged by the Commission and Member States. Improving working conditions of genuine self-employed persons performing platform work by the platforms involved in the Code of Conduct shall not be considered as fulfilling the criteria as outlined by Article 4 paragraph 2.
Amendment 525 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Amendment 605 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
Amendment 616 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
Amendment 627 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
Amendment 640 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
Amendment 649 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 657 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
Amendment 726 #
2021/0414(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned or based on the Code of Conduct – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 745 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
Amendment 770 #
2021/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 904 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, onMember States shall ensure that Directive 2002/14/EC is applied to decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article.
Amendment 910 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 913 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 984 #
2021/0414(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms createfacilitate the establishment of the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communicationswhile complying with the obligations under Regulation (EU) 2016/679.
Amendment 6 #
2020/2243(INI)
Draft opinion
Citation 2 a (new)
Citation 2 a (new)
— having regard to the UN Convention on the Rights of the Child (CRC),
Amendment 9 #
2020/2243(INI)
Draft opinion
Citation 2 b (new)
Citation 2 b (new)
— having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD),
Amendment 25 #
2020/2243(INI)
Draft opinion
Recital A
Recital A
A. whereas everyone of any age group and socio-economic background has the right to inclusive and quality education, training, up-skilling, re-skilling and lifelong learning in order to acquire and maintain the skills that will enable them to develop their professiersonal and persrofessional potential to the fullest extent;
Amendment 29 #
2020/2243(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Amendment 34 #
2020/2243(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas the Covid-19 pandemic has disclosed a wide gap between digital skills of people and labour market demands; whereas the focus on the digital skills will remain prominent also after the pandemic; whereas on average two in five Europeans aged 16-74 are lacking these skills1b; _________________ 1bEurostat: Do young people in the EU have digital skills? https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/EDN-20200715-1
Amendment 35 #
2020/2243(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas the Covid-19 pandemic has had a severe impact on the labour market; whereas the unfavourable economy prospect influences the unemployment rate that rose from 6.5% to 7.5% over the course of the year 2020 and mainly young people entering the workforce at the time of the pandemic have had difficulties to secure their first jobs1c;whereas young parents had to support their children’s education and care in addition to their own work which created additional difficulties for their equal participation to the labour market; _________________ 1cEurostat: Society and work, https://ec.europa.eu/eurostat/web/covid- 19/society-work
Amendment 38 #
2020/2243(INI)
Draft opinion
Recital B
Recital B
B. whereas a qualified mobile workforce is key for a globally competitive economy that provides quality jobs; whereas the strengthened cooperation between universities and other education institutions as well as the recognition of qualifications, learning and leartraining periods including those gained by informal learning and volunteering is a crucial prerequisite for the free movement of learners, educators and the workforce within the EU;
Amendment 59 #
2020/2243(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas in addition to crucial basic skills, it is also important to focus on mastering language skills as well as cross- cuttings kills such as critical thinking, entrepreneurship, creativity, intercultural and interreligious competences, team work or media literacy;
Amendment 66 #
2020/2243(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas development of specific targets and benchmarks as well as the system of monitoring of their implementation is crucial for achieving the European Education Area by 2025;
Amendment 70 #
2020/2243(INI)
C c. whereas the Covid-19 pandemic and the lockdown measures have restricted spaces in which children can interact and develop their social skills in school, peer, and extended family networks;
Amendment 74 #
2020/2243(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
C d. whereas training and education should aim primarily to achieve formation of learners and value the integral development and growth of every person, with a special attention to all facets of the individual and without restricting the objectives of education solely to employability;
Amendment 76 #
2020/2243(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
C e. whereas, besides a strong focus on STEM subjects in up-skilling and re- skilling programmes, similar attention should be given to humanities and social sciences, since they can, among others, contribute to the social dimension of the green and digital twin transition and lead to a human-centred approach to the digital and scientific areas;
Amendment 79 #
2020/2243(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625) which encompasses six dimensions – quality, inclusion and gender equality, the green and digital transitions, teachers and trainers, higher education and the geopolitical dimension – and a set of targets with the aim of improving outcomes and ensuring resilient and future- looking education systems; Reminds that the creation of the European Education Area by 2025 is a way to harness the full potential of education and culture as drivers for economic growth and job creation as well as improved social cohesion;
Amendment 87 #
2020/2243(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that in order to harness the full potential of the European Education Area, the key areas in which the European Union can support and complement the effort of the Member States in line with the principle of subsidiarity need to be clearly identified and implemented in compliance with the targets and benchmarks developed in cooperation with the Member States, academic institutions and other relevant stakeholders, including families and family associations;
Amendment 93 #
2020/2243(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that the successful transition towards the European Education Area requires a comprehensive ecosystem of support for all relevant parties including education institutions, employers, expert communities, non- governmental sector and charitable organisations;
Amendment 99 #
2020/2243(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of ensuring inclusive and quality education, and promoting re-skilling, up-skilling and lifelong learning, including vocational education and training (VET), for all across the Union, to ensure equal opportunities in the labour market; welcomes, in this context, the development of a European approach to micro- credentials and individual learning accounts; Recalls that inclusive education needs to be accessible for all as for the geographical and financial accessibility but also for the physical accessibility of education institutions for learners with disabilities;
Amendment 106 #
2020/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to encourage the Member States to thoroughly evaluate the learning curricula so they are up-to-date, future- proof and able to prepare the learners to match their skills with demands of the labour market, reflecting the plurality of societies and at the same time provide space in which the learners can shape their learning process adapted to individual needs of the learners, mainly those with disabilities and special needs or from disadvantaged background;
Amendment 112 #
2020/2243(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Commission to encourage the Member States to put forward long-term strategic plans encompassing visions for the education system that is resilient to future challenges and potential crises and flexible also in terms of the fast technological changes and development of AI;
Amendment 113 #
2020/2243(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the Commission to encourage the Member States to engage in dialogue with civil society organisations, among others family associations, students’ organisations, academia, enterprises and all stakeholders working in the areas of education and training, up-skilling and re-skilling, to address the educational and training challenges faced by EU societies and the consequences of the Covid-19 pandemic on education systems, by formulating comprehensive and structured processes of cooperation and co-creation on such matters;
Amendment 116 #
2020/2243(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that basic and cross- cutting skills, up- and re-skilling and lifelong learning are vital for sustainable growth, productivity, adaptation to the transformations of the labour market, investment and innovation, and are therefore key factors for the competitiveness of businesses, especially small and medium-sized enterprises (SMEs); Highlights the opportunities brought by the informal ways of learning for example by volunteering or providing informal help and care in families as the formal recognition of these skills could help people to gain more opportunities on the labour market;
Amendment 120 #
2020/2243(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 132 #
2020/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to facilitate and promote transparent mobility for all including persons with disabilities and special needs and persons from disadvantaged background through the full implementation of the Professional Qualifications Directive1 , and better use of tools such as the European Employment Services (EURES) job mobility portal, the Europass online platform and the European Skills, Competences, Qualifications and Occupations (ESCO) classification system or Erasmus + with the special focus on VET learners and staff; highlights, in this context, the need to improve the recognition of third-country nationals’ competences on the Union’s labour market; _________________ 1Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22.knowledge, skills and competences gained during the qualifications, learning and training periods abroad including those gained by informal learning and volunteering as well as the recognition of third-country nationals’ competences on the Union’s labour market; Underlines the importance of promoting language skills in order to enable learners to fully use the opportunities given by enhanced mobility;
Amendment 150 #
2020/2243(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the opportunities created by digital work to achieve the inclusion of all in the labour market; highlights, in this regard, the need to provide access to the development of digital skills, as well as competences in science, technology, engineering and mathematics (STEM), social skills, language skills and cross- cutting soft skills such as critical thinking, creativity and, entrepreneurship, team work and media literacy to everyone; underlines that special attention must be paid to the inclusion of disadvantaged groups in this context, in particular persons with disabilities; Recalls, in this regard, the need to invest in innovative ways of teaching enabled by the digital development but not forgetting that face- to-face learning must remain the key as it teaches also valuable social skills;
Amendment 154 #
2020/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that education systems should not only embrace the knowledge and skills but should also enhance the well-being and physical health of the learners; calls therefore for the close attention to be paid to the overal health and physical condition of the learners, with the special focus on the growing problem of civilization diseases, increasing number of children with disabilities and special needs, problems connected to stress, psychological problems or addictions;
Amendment 6 #
2020/2222(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the Recovery and Resiliency Facility with its over 670bn euro and the REACT-EU with its over 50bn euro are powerful tools to help EU countries recover; whereas already in the spring of 2020, cohesion policy provided emergency response of 11.2bn euro in business support, 7.6bn euro in EU reallocations for health actions and 4.1bn euro in direct support for workers;
Amendment 7 #
2020/2222(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decision on its activation was taken by the Council alone, without Parliament’s involvement; in compliance with the provisions for activation as stipulated in Article 2 (1) of the ESI Regulation(EU) 2016/369; 2a _________________ 2a OJ L 70, 16.3.2016, p. 1-6.
Amendment 8 #
2020/2222(INI)
Motion for a resolution
Recital F
Recital F
F. whereas because of the pressing nature of the crisis, procurement procedures and means of control have been relaxoptimised in many places in order to expedite implementation;
Amendment 17 #
2020/2222(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas the Commission has taken a number of measures to address risks related to corruption and misuse of funds in the Union, including progress on its legislation on anti-money laundering; whistle-blower protection, public procurement and the European Rule of Law Mechanism;
Amendment 18 #
2020/2222(INI)
N. whereas according to the latest report from Transparency International and the World Health Organization Collaborating Centre (WHO CC)18 , the European Commission is violanot entirely respecting its own commitments on transparency and international principles of ‘good practice’ on transparency of public contracts when it uses too much redaction to cover elements of text in the Advance Purchase Agreements (APA) contracts; highlights, however that the Commission is obligated by law to respect the provisions of the Financial Regulation and that a better and improved structure for a more rapid reaction by the Commission in future crises is necessary; _________________ 18http://ti-health.org/wp- content/uploads/2021/05/For-Whose- Benefit-Transparency-International.pdf
Amendment 20 #
2020/2222(INI)
Motion for a resolution
Recital P
Recital P
P. whereas in a situation of high expectation, severe pressure and unprecedented spending volumes, public officials could be unfit to keep up withit is essential that public officials respect their increased professional standards needed, or not at ease with doing so; whereas, furthermore, officials may not necessarily become promptly aware ofincluding risks imposed by conflict-of- interest situations;
Amendment 24 #
2020/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges that the recent crises have confirmed the need to be able to mobilise investment and frontload financial support as from the very first years of recovery; is aware that in times of crisis resources have to be made available within tight deadlines and in rapidly changing circumstances; remarks that a significant amount of additional resources to be spent in a short amount of time increases the pressure on control systems; stresses, nevertheless, that rapid deployment of funds and swift adoption of legislative acts need to be complemented by adequate administrative measures; points out that the pressure to provide relief and the urge to use the resources in the shortest time possible could result in increased risk of corruption, fraud and other irregularities, and that such a situation requires efficient preventive measures and control management processes; highlights in this regard that the rules on the protection of the financial interests of the Union apply equally also in the case of emergency support and emergency support instruments such as: CRII, CRII+, REACT-EU and RRF;
Amendment 31 #
2020/2222(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses its concern, however, that transparency, control and anti- corruption reforms have met a certain resistancAcknowledges all efforts undertaken by the Commission to increase transparency, control and anti- corruption reforms in the Member States through its enhanced rule of law toolbox; expresses its concern, however, that such reforms take longer time in some Member States, which hascan been explained by the fact that they affect the personal interests of the law- makers and government officials in charge of enforcing them;different implications of national legal systems, legislative or institutional gaps; welcomes nevertheless, that several Member States have adopted their national anti- corruption strategies or action plans and others have revised or are currently revising their existing ones and implies on the need for Member States to have robust anti-corruption frameworks;8a _________________ 8a Commission Communication, 2021 Rule of Law Report, The rule of law situation in the European Union, 20 July 2021, COM(2021) 700 final
Amendment 39 #
2020/2222(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that it is important to keep citizens engaged in the fight against corruption and fully protected from negative personal consequences; calls on the Commission to provide the right platforms for engagementreiterates in this regard the need for the swift implementation of Directive (EU) 2019/1937 on whistleblower protection by 17 December 2021; calls on the Commission to provide the right platforms for engagement; acknowledges, in this relation that the European Public Prosecutor’s Office (EPPO) allows any individual to report alleged cases of fraud and crimes affecting misuse of the EU budget directly on its web platform; highlights the possibility to report fraud also to the European Anti-Fraud Office (OLAF); notes, that the European Union Agency for Law Enforcement Cooperation (Europol) gives further explanation to citizens on how to report certain types of crimes such as cybercrime;
Amendment 45 #
2020/2222(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists, however, that in order to curb the potential negative effects of these policies in terms of graft, top-down accountability tools such as audits should by default accompany any relaxation of contracting rules, as flexibility and reactivity should not come at the expense of public accountability and performance; notes that it has been demonstrated by the Commission that accountability, transparency and efficiency of EU spending is guaranteed by the same monitoring and audit systems and rules used with regards to all EU funding under shared management;
Amendment 51 #
2020/2222(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the initiatives that the Commission has developed to fight disinformation and improve visibility; acknowledges that accountability remains a priority also when it comes to crises- related spending areas;
Amendment 56 #
2020/2222(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that sound financial management should be pursued and that absorption should not be prioritised over value for money considerations; underlines that in the context of emergency spending, irregularities should not lead to suspension and interruptions of funds, so that the money flow to the beneficiaries is ensured; acknowledges that recoveries through financial corrections should be the preferred approach;
Amendment 66 #
2020/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to evaluate the response to the COVID-19 pandemic, to look at how corruption affected the outcome and whether integrity was upheld or undermined, and to report back to Parliament on the main findings; reminds that only after analysing empirical evidence, payment claims and absorption data, effective conclusions on the Union’s response to the crisis can be drawn; calls for the inclusion of dedicated chapter on emergency funds and crises- related spending in the 2020 discharge;
Amendment 69 #
2020/2222(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Finds it lamentabledissatisfactory that the Commission makes extensive use of the redaction tool to cover parts of the APA contracts; insists, notwithstanding the sensitivity of the information, that such details are important in improving accountability and the global response to the virus; calls on the Commission to better plan transparency and accountability aspects in response to future crises; notes that the Commission applies Article 38(3)(d) of the Financial Regulation, referring to the case where disclosure of data risks harming the commercial interests of the recipients, and that the Commission is under a legal obligation to follow these rules; calls for proportionality of effective scrutiny and full accountability of the use of the resources with the public interest;
Amendment 73 #
2020/2222(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that if relevant data on public procurement were to be made publicly available for analysis, freely and easily accessible, in an open and standardised format, together with data on court convictions and on company registries, this could significantly foster the prevention and detection of potential cases of corruption; is of the opinion, therefore, that all public procurement contracts (using public money) should be publicly available, published on a dedicated website and with the minimum of redaction only when in compliance with legal requirements;
Amendment 74 #
2020/2222(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. DeploresNotes, that the decision for activation of the ESI as laid out in Regulation (EU) 2016/369 of 15 March 2016 on the provision of emergency support within the Union is to be taken by the Council on the basis of a Commission proposal; criticises, however, the fact that, despite its strong links to the EU budget, the activation of the ESI as part of the EU response to the COVID-19 outbreak was done without full respect and observance of Parliament’s prerogatives as co- legislatorbudgetary authority and final supervisor of the EU budget;
Amendment 75 #
2020/2222(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Objects vehemently, moreover, toCriticises the fact that, despite several attempts to get a clear overview, the Committees on Budgets and on Budgetary Control are not given appropriate access to relevant data on the EU funds spent under the ESI to finance the Advance Purchase Agreements (APA) contracts, amounting to around EUR 2.5 billion for six APA contracts;
Amendment 78 #
2020/2222(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. UrgesAcknowledges that the Joint Procurement Agreement allows Member States, EEA and other countries to jointly negotiate better terms for supplying medical equipment; urges with views to this, the Commission to put in place a solid and transparent EU public procurement framework, when funds from the EU budget are fully or partially involved, that would allow for full and unlimited scrutiny by Parliament, especially concerning major economic, security or health crisis-related spending areas;
Amendment 83 #
2020/2222(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Member States to work together towards the adoption of robust National Anti-Fraud Strategies (NAFS), that offer the benefit of coordinating the actions of several entities and guaranteeing optimisation of resources and coverage of all the areas of interest (expenditures under indirect and shared management, national funds, etc.); notes that OLAF promotes the adoption of NAFS and provides guidance to the Member States; welcomes that 14 Member States have already adopted their NAFS and 5 are considering adopting one as compared to 2019;19a _________________ 19a https://multimedia.europarl.europa.eu/en/ committee-on-budgetary- control_20210901-1500-COMMITTEE- CONT_vd
Amendment 86 #
2020/2222(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Insists on the need for collaborative work among the European Public Prosecutor’s Office (EPPO) and other EU bodies such as Eurojust, Europol and the European Anti-Fraud Office (OLAF) to carry out criminal investigations and prosecutions within the respective mandate/remit; acknowledges in this regard the working arrangements signed between the EPPO, OLAF, European Court of Auditors, Europol and Eurojust; encourages better coordination and cooperation between these institutions, the Commission and Member States’ authorities;
Amendment 94 #
2020/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Is of the opinion that advances in the field of AI present a major opportunity for the public sector to detect and prevent fraud, for instance by strengthening the Commission’s central analytical capacity, as IT tools can easily scrape, link and analyse the necessary data and detect potential irregularities, fraud and corruption; suggests, therefore, that the Commission, together with the Member States, develop a framework that aspires to the highest standards calls on the Commission and the Member States to put in use a single integrated, interoperable information and monitoring system including a single data-mining and risk-scoring terms of legality, ethics, transparency, security, privacy and acool to access and analyse the relevant data and increase countability so that public trust and confidence inrol reliability, with a view to a generalised application, including with the usehelp of this tool is preservede Technical Support Instrument;
Amendment 95 #
2020/2222(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes, that the collection of data on those ultimately benefitting, directly or indirectly, from Union funding under shared management and for projects and reforms supported by the Recovery and Resiliency Facility, including data on beneficial owners of the recipients of the funding, is necessary to ensure effective controls and audits, the rules related to the collection and processing of such data should comply with applicable data protection rules;
Amendment 97 #
2020/2222(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Takes the view that a centralisedsingle integrated, interoperable information and monitoring system would include procurement administration to whichwhere contractors and contracting authorities are obliged toport systematically report highly detailed project data and progress (in a standardised format) should be created, in order to facilitate improved data collection and treatment on an EU level;
Amendment 104 #
2020/2222(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Reiterates the need for increased resources and staff of OLAF and EPPO to facilitate the fight against corruption and misuse of funds; reminds that OLAF is actively participating in the screening of national plans for the RRF and it is expected that the number of its investigations will rise with the risk of new fraudulent activities; reminds also that the EPPO expects at least 2000 new cases within the first year of its operations in addition to the current processing of a backlog of nearly 3000 cases;
Amendment 7 #
2020/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that revenue fraud is an area in which the harm done by organised crime is particularly significant, including customs fraud; fraud is a substantial component of revenue fraud; notes that this type of fraud is often committed by falsifying import declarations, using fraudulent documents for goods declaration, and falsely declaring the origin of goods to circumvent EU anti- dumping duties; notes that the ECA recently highlighted shortcomings in customs controls legislation and its application, which result in insufficient harmonisation, risk assessment and information exchange across the Union and between Member States; is concerned that this creates opportunities for organised crime to exploit weaknesses in the current system and defraud the Union and its Member States of income;
Amendment 9 #
2020/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that value-added tax (VAT) fraud is another major component of revenue fraud; notes that VAT fraud is defined as avoiding the payment of VAT or fraudulently claiming repayments of VAT from national authorities following an illicit chain of transactions; notes that the most common forms of VAT fraud are Missing Trader Intra Community fraud, e-commerce fraud, and fraud to Customs Procedure 42; is concerned by the fact that criminal groups have been proven to exchange knowledge, information and intelligence in the area of VAT fraud;
Amendment 14 #
2020/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the special impact of organised crime in the misuse of common agricultural policy (CAP) funds; reiterates its concern that the current structure of CAP subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent EU funding from reaching its intended beneficiaries; reiterates that the development of proper Union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; stresses that the establishment of a centralised database displaying the ultimate beneficiaries of CAP subsidies is crucial for identifying fraudsters, criminal networks and oligarch structures and to prevent them from misusing EU funds; calls on the Commission and the Member States to cooperate in creating such a centralised database in line with the rulings of the European Court of Justice;
Amendment 21 #
2020/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the Commission and OLAF have identified fraud in public tenders and procurement as a major trend among fraudsters; notes that collusion between individuals and organisations, the use of fake invoices, creating fake companies and credentials and redirecting funds from their original purpose are common ways to undermine public procurement procedures; points out that fraud schemes often take place on a transnational level and can span several (EU and non-EU) countries, making them difficult to identify and dissolve;
Amendment 31 #
2020/2221(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 32 #
2020/2221(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes that money laundering enables criminals to keep their profits undetected, and that offering money laundering services has in itself become a profitable business for criminal organisations; emphasises that this significantly impacts the financial interests of the Union and Member States, as a devastating 98% of estimated criminal proceeds are not confiscated and remain at the disposal of criminals;
Amendment 37 #
2020/2221(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Regrets that according to Europol, the EU shows only mediocre results when it comes to the recovery of criminal assets and that more than 98%1a of criminal assets remain in the hands of criminals; notes that this is partly caused by limited access to and sharing of financial and beneficial ownership information across borders; stresses that the establishment of a centralised, interoperable database displaying the final beneficiaries of EU subsidies could substantially boost the capabilities of law enforcement to identify fraudsters and recover misused funds; _________________ 1a EU SOCTA 2021
Amendment 39 #
2020/2221(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regards the PIF Directive as an important step towards protecting the EU budget, as it provides a common definition of criminal offences and the misuse of funds, and the harmonisation of sanctions for crimes against the EU’s financial interests; appreciates that the Directive sets out clear reporting and investigation procedures, defines the monitoring of the fraud risk management framework and promotes the use of information, databases and data analytics by Member States; welcomes that all Member States have notified complete transposition of the PIF Directive1a but is concerned that the Commission identified conformity issues in several Member States; notes that these issues concern, among others, the definition of criminal offences ('fraud affecting the Union's financial interests', 'money laundering', 'corruption', 'misappropriation'), the liability of and sanctions for legal and natural persons, and Member States' obligation to annually report statistical data to the Commission; urges the Member States to fully align their national legislation with the requirements of the PIF Directive and the Commission to closely monitor Member States' compliance;urges the Commission to take all necessary steps to ensure a correct and comprehensive transposition, including the possibility of infringement procedures; _________________ 1a Report from the Commission to the European Parliament and the Council on the implementation of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (COM(2021) 536 final), 06.09.2021
Amendment 42 #
2020/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the establishment of the European Public Prosecutor’s Office (EPPO), with its mandate to investigate, prosecute and bring to judgment crimes against the EU budget, as an important asset in the fight against fraud and organised crime in the EU; calls for effective funding for the EPPO; regards the EPPO’s role as especially promising in the fight against cross-border crime related to the Union budget, as national authorities are limited by their borders in their prosecution and other EU-bodies (such as Eurojust, Europol and OLAF) to not hold the required investigative and prosecuting powers; notes that the focus of the EPPO’s mandate is defined in the PIF Directive and includes the fight against fraud to EU expenditures and revenues, VAT fraud, money laundering, corruption and participating in criminal organisations; highlights that these focus points are crucial in the fight against organised crime, and trusts that the EPPO will therefore be an effective tool for fighting criminal organisations that impact the EU budget; regrets that five Member States have not yet joined the EPPO; regrets the lack of nominations of European delegated prosecutors, in particular by Slovenia, and considerable delays in many other Member States; highlights that this may represent a substantial hindrance in the EPPO’s effective fight against cross-border crime;
Amendment 46 #
2020/2221(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Regrets that the Commission established a staffing plan for the EPPO that does not allow it to efficiently fulfil its mandate; underlines that adequate staffing is necessary so that the EPPO can realise its main task, the fight against cross-border crime affecting the European budget; regrets that the EPPO currently is equipped with an insufficient number of case analysts and financial investigators to support prosecutorial activities of the European Delegated Prosecutors; regrets that the EPPO's operational staff is currently mainly focused on the registration of cases and not their persecution; regrets that the EPPO has expressed an urgent lack of additional qualified legal and IT experts as well as administrative staff to allow a smooth operationability; highlights that on top of its annual case load of 2000 cases, the EPPO has to deal with a backlog of more than 3000 cases; is concerned that the EPPO's workload will increase even further in the coming years in light of the unprecedented amounts mobilised through the recovery and resilience facility (RRF) and the acceleration of procurement procedures during the Covid-19 crisis; emphasises that the Commission's staffing plan for the EPPO for the year 2022 is insufficient to remedy the shortcomings expressed by the EPPO; highlights that when fully functional, the EPPO's benefits to protecting the EU budget will exceed its costs; strongly calls on the Commission to increase the budget and qualified staff available to the EPPO so that it can realise its full potential in the fight against crime;
Amendment 47 #
2020/2221(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission communication on the EU Strategy to tackle Organised Crime 2021-2025 and its focus on boosting an effective and timely information exchange across EU bodies and Member States, for instance through better interoperability between EU information systems and ensuring connection to relevant databases across Member States; appreciates the Commission’s commitment to streamline law enforcement cooperation and to fully realise the potential of existing tools, such as the European Multidisciplinary Platform Against Criminal Threats (EMPACT); welcomes the Commission’s aim to improve information exchange and cooperation between Europol, Eurojust and non-EU countries;
Amendment 48 #
2020/2221(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 52 #
2020/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that the national approaches to tackle organised crime vary significantly across Member States in terms of legislation, strategies and operational capacity; notes that this is partly due to varying levels of adoption and implementation of EU legislation; welcomes that all Member States have implemented the PIF Directive but is worried by the remaining uncertainty about the degree to which the Directive has been transposed into national law;
Amendment 54 #
2020/2221(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 62 #
2020/2221(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Believes that the establishment of a centralised, interoperable database displaying the direct and ultimate beneficiaries of EU subsidies would facilitate the identification of fraudsters, criminal networks and oligarch structures misusing funds, and thereby be a vital asset in the fight against organised crime; underlines that in order to create such a database, the interoperability between existing national and EU-level databases has to be improved; emphasises that information has to be of adequate quality and must be available in a standardised format, so that it can be exchanged and aggregated in an automated way; underlines that beneficiaries must have a unique identifier that ensures their traceability across Member States and funds, independent of management method; calls on the Member States to reconsider their position of strict opposition on this matter and fully cooperate with the Commission in the creation of said database;
Amendment 68 #
2020/2221(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States, with the support of the Commission, toCommission to support Member States by provideing training to national authorities to equip them with adequate knowledge for using tools such as EDES and Arachne most effectively and in accordance with EU reporting standards; calls on the Commission, in cooperation with the Member States, to analyse difficulties that national authorities encounter when using EDES and Arachne and to address specific recommendations and improve the existing general guidelines and the user- friendliness of these tools; regrets that some Member States oppose using these tools in fear of increased bureaucratic burden; highlights that when properly integrated, these tools can in fact reduce bureaucracy; calls on the Member States to reconsider their position on this matter and on the Commission to further engage in promoting the advantages of EDES and Arachne to the Member States;
Amendment 70 #
2020/2221(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Regrets that Arachne and EDES are currently limited in their scope, awareness and use by Member States; highlights in this regard that EDES covers directly and indirectly managed funds but not funds under shared management, albeit the latter represent roughly 80% of EU expenditure;
Amendment 72 #
2020/2221(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Encourages the Commission to further promote the use of EDES and Arachne and Member States adopt them; calls on the Commission to reassess the framework for data exchange across EU institutions and with Member States, in order to maximise the degree of effective information exchange while at the same time respecting data protection requirements;
Amendment 73 #
2020/2221(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Regards the Common Provisions Regulation (CPR Regulation), which lays down common rules applicable to ESI funds, the ERDF, the ESF and the Cohesion Fund, as another important element for preventing misuse of EU funds by organised crime;
Amendment 76 #
2020/2221(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of OLAF, whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by OLAF to Member States is low and follows a downward trend, as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016- 2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years, and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on OLAF and the Commission to investigate the underlying reasons and on the Member States to cooperate closely with the Union bodies, to ensure that funds misused by organised crime are effectively recovered; calls on OLAF to collect information on the rate of recovery following its financial recommendations and to publish this information in its annual reports;
Amendment 7 #
2020/2216(INI)
Draft opinion
Recital A
Recital A
A. whereas the Fourth Industrial Revolution, digitalisation and artificial intelligence (AI) are leading to fundamental and structural changes to the labour market, the workplace, the work patterns and the work profile of every worker;
Amendment 8 #
2020/2216(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas new opportunities brought by digital transformation and digital single market should empower and allow to prosper all EU citizens;
Amendment 9 #
2020/2216(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas digitalisation and artificial intelligence has the potential to substantially change the way people receive information, the way they communicate and the way they think;
Amendment 10 #
2020/2216(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas greater challenges are posed on the synergies between labour market and education system as the education system should better foresee the future needs of the labour market and be able to adapt accordingly;
Amendment 11 #
2020/2216(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the use of AI holds potential for safer and more inclusive workplaces and labour markets;
Amendment 15 #
2020/2216(INI)
Draft opinion
Recital B
Recital B
B. whereas these developments plausibly facilitate human-machine synergies, thereby producing a combined effect greater than the sum of their separate outcomes, but also pose serious challenges in terms of workforce reorganisation and the potential elimination of more sectors and employment than the new forms they createsome employment sectors while at the same time creation of new employment opportunities;
Amendment 23 #
2020/2216(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the fast technological change is often accompanied by the spread of false information, hoax and misinterpretation that can undermine the positive aspects and opportunities brought by the development;
Amendment 30 #
2020/2216(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas artificial intelligence (including high risk AI) is increasingly used not only in the work place but also in the recruitment and other administrative processes;
Amendment 44 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the future regulatory framework for AI in the European Union shouldmust ensure that workers’ human dignity and rights are fully respected and adapted to the new forms of work relations and work organisation, in a way that secures jobs and improves upon wages and working conditions, while safeguarding the quality of employment as well as workers´ work-life balance; stresses, in addition, that the European AI framework should respect European values, Union rules and the principles of the European Pillar of Social Rights and set clear and predictable rules for civil liability connected to AI;
Amendment 50 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the urgent need to recognize the ethics-by-default principle as a leading principle for the design and use of artificial intelligence;
Amendment 61 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that AI must always be human-centric and thus serve exclusively as an aid to human performance and comply with all rules ensuring respect for fundamental rights with human dignity at the forefront, including the protection of personal data and privacy, and the prohibition of arbitrary profiling;
Amendment 69 #
2020/2216(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that new technologies including AI should be used to improve labour market functioning and produce sustainable and inclusive labour market matches between workers and businesses;
Amendment 83 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to adopt communication strategies in order to enable smooth transposition of the changes brought by the development of AI. Calls on the special attention to be paid to providing detailed information on the changes to the workers, trade unions and social partners and thus prevent the spread of misinformation and hoaxes;
Amendment 96 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the use of AI applications, algorithms and process development affecting all aspects of work and workers’ rights, such as recruitment processes, must not discriminate against workers and vulnerable groups or reinforce inequalities inter alia on the pretext of gender, age, disability or nationalityand health state or nationality; underlines the need to provide information in a simple and understandable manner regarding the use of the AI in recruitment processes or work-related administrative processes as explainability of the basic features of algorithms is a pre-condition for an ethical usage;
Amendment 141 #
2020/2216(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to update the European Skills Agenda and the Digital Education Action Plan, so that workers can reskill or upskill and become qualified for the challenges of the future world of work; calls on the Member States to update their national vocational and professional training and upskill, reskilling, upskilling and lifelong learning programmes so as to ensure digital literacy and promote digital inclusion (οn average, 16 % of EU workers fear that digitalisation will render their skills outdated2 ); __________________ 2 Cedefop, ‘Artificial or human intelligence? Digitalisation and the future of jobs and skills: opportunities and risks’, p. 3.
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes and encourages the cooperation among the agencies within and beyond the framework of the EU Agencies Network (EUAN), which constitutes an important inter-agency cooperation platform to ensure efficient communication between the agencies and relevant stakeholders; appreciates and further encourages the close cooperation among the agencies under the remit of the EMPL Committee in order to improve synergies, ensure further complementarity and the sharing of resources;
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
Amendment 12 #
2020/2194(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Court’s finding in its report on the 'Future of EU Agencies' that agencies measure performance through key performance indicators (KPIs) and that the Commission in 2015 issued guidelines for directors of agencies on KPIs; notes with regret that the indicators used in practice mainly relate to the implementation of an agency’s annual work programme, budget and its human resources management, and that they do not usually allow for than Agency's overall performance assessment of results or of the agency’s efficiency and effectiveness in discharging its mandate; calls on the agencies to work together to improve the use of KPIs with the aim of ensuring a stronger focus on performance in the discharge procedure, in addition to compliance; calls on the agencies to continue developing indicators, which will measure their contribution to the policy implementation of Union policies; urges the agencies to regularly review and update those indicators;
Amendment 14 #
2020/2194(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the Common Approach states that every Union Agency should be evaluated every five years and that the Commission should be responsible for organising evaluation and for every second evaluation the sunset clause should be applied; notes with regret that the founding regulations of several agencies have not yet been aligned with the Common Approach; notes the Court’s finding in its report on the Future of EU agencies that the founding regulations of 13 agencies were recast between 2015 and 2019, but only five proposals were accompanied by an impact assessment; calls on the Commission to regularly conduct independent evaluation of the performance of the agencies to identify synergies and possible changes, including mergers;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
Amendment 18 #
2020/2194(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that, similarly to previous years, most of the observations the Court has made in its Annual report on EU agencies for the financial year 2019 concern shortcomings in public procurement procedures, mostly concerning sound financial management and regularity; encourages the Union agencies to further improve their public procurement procedures, ensuring full compliance with the applicable rules and best value for money procurements;
Amendment 23 #
2020/2194(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the very high level of carry-overs in some agencies, which could indicate various weaknesses, including weak budgetary planning, which is in contradiction to the budgetary principle of annuality;
Amendment 60 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Recalls that agencies were created for specific needs and that significant numbers of agencies were set up as reflection to certain crisis; agrees with the Court’s position in its report 'Future of EU Agencies' that the role of an agency needs to be reassessed at different stages of its operational period in order to verify whether an agency is still relevant and whether its actions are coherent with other agencies and their partner DGs;
Amendment 64 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Believes that the set-up, functioning and especially potential winding-up of agencies should be flexible to help implement Union policy and to enhance European cooperation; acknowledges in this regard the Court’s consideration in its report 'Future of EU Agencies' that there is not sufficient flexibility in the set-up and operation of agencies and that the potential for them to cooperate for common policy objectives in the interest of citizens could be further exploited;
Amendment 65 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Recalls general unawareness of the European citizens about the existence of the agencies, even within the country where the agencies are located, and also that citizens receive little information about the benefits of the agencies; calls in this regard on the agencies to continue developing their communication strategies and to increase their media and social media presence in order to raise awareness about their work, research and activities in the general public;
Amendment 2 #
2020/2181(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'Agency') offers an important contribution to a safer Europe by applying the highest levels of information security and data protection to the information entrusted to it, providing high-quality services and helping to align Member States’ technological capabilities with their needs; reminds that the Agency’s new mandate that entered into force in December 2018 enhanced its capacity to both improve existing and develop new information systems was enhanced by its new mandate which entered into force in December 2018and tasked the Agency to ensure their interoperability;
Amendment 4 #
2020/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 6643 million) of payment appropriations unusedreturned to the general budget; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commission to improve the budgetary planning in the future and to improve alignment of budgetary planning with the timing of the related legal acts;, which created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective Legislative Financial Statements; recommends, therefore, the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts, also to avoid making it necessary for the Agency to turn to private contractors and outsource tasks that may in turn lead to the Agency becoming dependent on external entities for operations that are of a sensitive and critical nature; (The Payment Appropriations were nearly entirely returned to the General Budget via the global transfer exercise. At the start of 2019, eu-LISA had €204 in Payment Appropriations inscribed, out of which it returned €43 million to the General Budget (32%). Finally, the Legislative Financial Statements accompanying each legislative proposal are decided by the Commission. A recommendation for it to involve eu-LISA at the earliest planning stages to improve budgetary planning alignment is justified.)
Amendment 12 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous yearsobservations and Parliament's ensuing recommendations from previous years, specifically the Agency's publication of vacancy notices on the website of the European Personnel Selection Office (EPSO) in addition to on its website and on social media.
Amendment 5 #
2020/2180(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, according to the reports of the Court for the financial years 2016 and 2017, the Office’s procurement procedures for interim workers in Greece and for the Office’s rented premises in Lesbos were irregular; recalls that, according to the report of the Court for the financial year 2018, the Court concluded that the Office’s procurement procedures for interim workers in Italy were irregular, though no payments were made on those contracts yet; notes that, according to the report of the Court for the financial year 2019, the Office’s procedures for selecting and contracting external experts systematically lacked a solid audit trail, which in turn resulted in a lack of evidence that the Office had treated experts equally in its selection procedures; notes the Court’s opinion that, except for the effects of the qualified opinion on the legality and regularity of payments for the financial years 2016, 2017 and 2018, amounting to EUR 13 979 880, and the error found in 2019, amounting to EUR 111 304, payments underlying the accounts for the year ended 31 December 2019 are legal and regular in all material aspects; welcomes that corrective actions were implemented by EASO in 2019 to address those irregularities;
Amendment 11 #
2020/2180(DEC)
6. Notes that, on 31 December 2019, the establishment plan was 75,35 % executed, with 214 temporary agents appointed out of 284 temporary agents authorised under the Union budget (compared to 214 authorised posts in 2018); notes that, in addition, 72 contract agents and 9 seconded national experts worked for the Office in 2019; notes with satisfaction that the Office’s recruitment plan provides for a staff of 500 by 2020; welcomes that recruitment situation has significantly improved; stresses that the EASO must continue registering progress in recruitment;
Amendment 13 #
2020/2180(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets EASO’s continued reliance on interim workers to compensate for the lack of deployed national experts; calls on Member States to comply with their obligations in regard to national experts since failure to do so compels the Agency to rely on external contractors;
Amendment 32 #
2020/2180(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Encourages the Office to continue promoting their work and activities to increase its public visibility;
Amendment 1 #
2020/2178(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with concern that the BEREC Office does not share resources with other agencies, due to its limited own resources as stated by the BEREC Office; notes with concern that the BEREC Office has not been able to find a partner for the provision of the internal control coordinator and security officer functions; notes that the BEREC Office started a joint project, signed in 2019, for sharing IT infrastructure with several joint undertakings; welcomes that joint project and urges the BEREC Office to further explore possible ways of outsourcing its tasks and collaborating on overlapping tasks with other Union agencies, offices and bodies;
Amendment 13 #
2020/2178(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the BEREC Office to focus on disseminating the results of its research to the general public;
Amendment 2 #
2020/2177(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that the Agency has continued to outsource accounting services to the Commission and to share resources with other Agencies in the areas of human resources management, information and communication technology management, budget and finance, procurement and facility management; considers that initiative to be an example for other Union institutions worth following;
Amendment 5 #
2020/2177(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Encourages the Agency to pursue the digitalisation of its services, as a way to reduce bureaucracy;
Amendment 8 #
2020/2174(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the administrative staff of the Authority, of the European Securities and Markets Authority and of the European Insurance and Occupational Pensions Authority hold regular meetings to discuss matters of shared interest that have resulted in sharing of practices and templates, with resultant efficiency gains; strongly encourages the Agency to actively seek further and broader cooperation with all Union agencies;
Amendment 12 #
2020/2174(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls upon the Authority to improve and intensify its communication with the Member States; urges the Authority to improve and intensify its cooperation with the Member states and the Member States' national banks and commercial banking bodies;
Amendment 21 #
2020/2174(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Authority to focus on disseminating the results of its research to the general public;
Amendment 2 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
Amendment 2 #
2020/2172(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds the Agency to regularly review and update its performance measurement system and KPIs to ensure Agency’s efficient contribution and expertise at EU level; Encourages the Agency to carefully analyse the outcomes and use them to improve their strategy and activity planning;
Amendment 7 #
2020/2172(DEC)
7 a. Notes with satisfaction that the Agency implemented Court’s observation from 2017 on publication of vacancy notices on the EPSO website;
Amendment 8 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
Amendment 13 #
2020/2172(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern the finding of the Court, which also relates to the follow- up of the previous year’s findings, that the Agency irregularly prolonged the duration of a framework contract for the provision of business travel services by signing amendments in 2018 and 2019 after the contract had expired, rendering the amendments and related payments irregular; notes the Agency’s reply that the prolongation in 2019 was the result of a conscious business decision to preserve business continuity and did not constitute a weakness in ex-ante control and that, furthermore, an internal audit was to commence in the fourth quarter of 2020 with a view to obtaining additional assurances on the Agency’s contract management approach; calls on the Agency to improve the regularity of transactions and to strengthen accordingly contract management and ex-ante controls;
Amendment 14 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
Amendment 15 #
2020/2172(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, according to the Court’s report, for the procurement of furniture, accessories and related services, the terms used in the documents for the call for tender were not specific enough, undermining the competitive nature of the tendering procedure; notes, moreover, that the Agency did not sufficiently check the accuracy of underlying prices and the calculation of discounts applied for the non-standard items before submitting the order form to the contractor; notes that, according to the Agency’s reply, the tender documentation included the subject matter of the procurement and the applicable exclusion, selection and award criteria, thus allowing for competitiveness and, with regard to the discount given by the contractor, the fact that the contractor had offered a higher discount than the standard rate included in the contract and the Agency thus acted in compliance with the principles of sound financial management, in line with the provisions of the contract; calls on the Agency to ensure that tendering specifications are comprehensive to allow fair and effective competition;
Amendment 17 #
2020/2172(DEC)
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
Amendment 21 #
2020/2172(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Encourages the Agency to continue promoting their work, research and activities to increase its public visibility;
Amendment 22 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
Amendment 30 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
Amendment 31 #
2020/2172(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
Amendment 1 #
2020/2171(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Agency to pursue the digitalisation of its services as a way to reduce bureaucracy;
Amendment 2 #
2020/2171(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls upon the Agency to focus on disseminating the results of its research to the general public;
Amendment 16 #
2020/2170(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Encourages the Agency to pursue the digitalisation of its services, as a way to reduce bureaucracy;
Amendment 24 #
2020/2170(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the publication of the Agency’s vacancy notices on its website, on social media and on the EU Agencies Network’s dedicated site, in order to publicise such notices more; notes the Agency’s reply that it has started to review processes to be able to post vacancy notices on the website of the European Personnel Selection Office; calls on the Agency to publish vacancy notices on the website of the European Personnel Selection Office; calls upon the Agency to aim its focus on disseminating the results of its research to the general public;
Amendment 4 #
2020/2169(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Encourages the Agency to pursue the digitalization of its services, as a way to reduce bureaucracy;
Amendment 13 #
2020/2169(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes that, following the objective of Union agencies of sharing procurement efforts, the Agency launched an inter-institutional open call for tender in 2019 and that two other agencies joined that procurement procedure; calls on the Agency to report to the discharge authority on future developments regarding its joint procurement procedures; regards this practise as an example worth following; encourages to further explore possibilities of streamlining procedures with other institutions;
Amendment 12 #
2020/2167(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls the finding of the Court of Auditors (the ‘Court’) regarding financing agreements that reimbursements were still based on actual costs instead of on unit costs, and the associated issues identified with supporting evidence; recalls that this issue was also identified in the discharge for 2018; notes from the Agency’s follow- up report that the Agency has piloted the unit cost approach for heavy equipment and an analysis was made on the use of unit costs for the deployment of human resources and light technical equipment; notes that the pilot projects for heavy equipment revealed that the unit cost approach would increase the total costs, as the financial consequences of unpredictable events such as weather conditions, repairs and days needed for transfer of the asset, that are now reimbursable on the basis of presented evidence, would need to be factored into the unit cost; notes that the Agency concluded that moving to unit-based reimbursement is not feasible due to lack of interest from Member States; insists that unnecessary bureaucratic burden needs to be avoided; calls on the Court theo examine the unit cost approach piloted by the Agency, particularly with a view to cooperation required by Member States, and inform the discharge authority if this approach is indeed not suited for heavy equipment;
Amendment 16 #
2020/2167(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its callTakes note onf the Agency to's reply to the discharge authority on the review of its mechanisms concerning the construction payments and the call to ensure compliance with the principles of sound financial management; acknowledges that the Agency reported that a mechanism to prevent unchecked pre-financing payments has been implemented throughout the financial circuit; notes that the Agency ensured that all project managers, operational and financial actors dealing with HQ facilities have been instructed not to approve and not to launch such payments and that financial verifiers have been instructed to reject such payments and advise the authorising officers to reject as well;
Amendment 21 #
2020/2167(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’; notes the Court’s conclusion that the Agency’s support to Member States and Schengen associated countries in fighting against illegal immigration and cross-border crime is not sufficiently effective and that the Agency has not fully implemented its mandate under Regulation (EU) 2016/16243 ; notes further that the Court highlighted risks related to the Agency’s mandate under Regulation (EU) 2019/18964 ; reminds that the Agency’s mandates from 2016 and 2019 partially overlap, which contributed to the risks to the implementation of the mandate identified by the Court; _________________ 3 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 4Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 22 #
2020/2167(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that only two years after the previous amendment came into force, the Commission put forward a proposal for a new regulation for the Agency in absence of an impact assessment for the new legislation; calls on the Commission and the Agency to quickly find an adequate solution to ensure a proper and timely implementation of the Agency's new mandate, urges the Commission and the Court of Auditors to regularly assess Agency’s and the Member States’ performance to identify areas for improvement, including in the respective legal bases for Agency’s activities, and also in the light of results and impacts achieved;
Amendment 26 #
2020/2167(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notes, however, some drawbacks as far as external border control is concerned, such as the lack of information, technical standards for border control equipment, a common catalogue for cross-border crime reporting, and near- real-time information about the situation at the Union’s air borders, and delays in updating the common integrated risk analysis model; underlines that the latter observation cannot be solely attributed to the Agency, but needs to be remedied jointly with Member States and the Commission;
Amendment 29 #
2020/2167(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that Frontex, as regards the common integrated risk assessment model, cannot assess risks and monitor the situation sufficiently because of differences in reporting across Member States in terms of frequency, format, data or definition of cases; further notes that Member States inconsistently report on cross-border crime; regrets that the needed exchange between the Agency and the Member States to fight against illegal migration and cross-border crime is hampered; concludes that the Agency cannot sufficiently fulfil its mandate because of missing data; calls on the Commission to strengthen the cooperation between the Member States and the Agency by clear legal guidance;
Amendment 31 #
2020/2167(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court and calls on the budgetary authority to look into the possibility to put a part of the Agency’s future budget appropriations in a reserve that can be made available when milestones in the implementation of the Court’s recommendations are met;
Amendment 35 #
2020/2167(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that during a meeting of the Committee on Budgetary Control of 1 September 2021 the Deputy Director General of DG HOME stated that all enquiries have come to an end and that none have led to conclusions that there were traces of budgetary or financial mismanagement or fundamental rights violations or that the Agency had refused to comply with obligations under its regulation;
Amendment 36 #
2020/2167(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that during the last budgetary conciliation it was agreed for the Commission to exert stronger control functions regarding the agencies; calls therefore on the Commission and the Agency to expound how the identified deficits including recruitment and procurement will be solved for the budget 2022; calls on the Commission and the Agency to ensure a clear and transparent distribution of responsibilities; calls on the Commission as Guardian of the Treaties to ensure legal clarity regarding the implementation of Regulation (EU) 2019/1896;
Amendment 37 #
2020/2167(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 41 #
2020/2167(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that the Agency has an obligation to ensure proactive transparency as stated in Article 114(2) of Regulation (EU) 2019/1896; notes that Article 114(2) of Regulation (EU) 2019/1896 also provides that such transparency has its limits as it shall be ensured without revealing operational information which, if made public, would jeopardise achievement of the objectives of operations; takes note that the Agency cannot disclose personal data in violation of the legal base for processing of personal data, as provided for by Article 5 of Regulation (EU) 2016/679; calls on the Commission to ensure binding rules for the protection of information and data;
Amendment 42 #
2020/2167(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that transparency is a general rule that applies to the Agency, the Commission and the organisations in the consultative forum as a precondition of mutual trust and good cooperation;
Amendment 47 #
2020/2167(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the establishment of the Frontex Scrutiny Working Group by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the Frontex Scrutiny Working Group published its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations on 14 July 2021; notes that the Frontex Scrutiny Working Group found no proof of the Agency’s involvement in alleged illegal pushbacks; notes that the Frontex Scrutiny Working Group identified gaps in the framework of cooperation with Member States, which may hamper the fulfilment of Frontex’s fundamental rights obligations, and highlighted the responsibility of the Member States and the Commission, also outside their role in the Management Board; emphasises that the Agency's staff needs legal clarity, particularly during high-risk missions at sea and that the Commission and the Member States need to ensure legal standards and clarity on the implementation of the Regulation (EU) 2019/1896 regarding various situations during missions;
Amendment 65 #
2020/2167(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the Agency’s fundamental rights officer took office on 1 June 2021; underlines that the Agency’s establishment plan was cut from 377 AD posts to 275 AD posts in 2020; acknowledges that this has had an effect on the whole personnel structure including the recruitment of the 40 fundamental rights monitors; notes the statements of the Agency’s executive director that the recruitment of a first batch of 20 fundamental rights monitors is completed, with the fundamental rights monitors starting their training from 1 June 2021, and that the appointment of a second batch of 20 fundamental rights monitors is ongoing; further notes the statement that of those 20 fundamental right monitors, five have been appointed at AD 7 level and fifteen at AST 4 level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors and insists that the Agency swiftly appoints the remaining 20 fundamental rights monitors; notes the Agency’s statement that those remaining 20 fundamental rights monitors will be recruited from an established AD 7 reserve list, once additional AD7 posts have been allocated to the Agency; recalls that the correction coefficient for staff in Warsaw, Poland, was 71.1 for 2019; acknowledges that lower salaries can have a negative impact on European applicants, and may contribute to Frontex’ general difficulties in recruiting;
Amendment 67 #
2020/2167(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Outlook for the discharge 2020 Recalls that the discussions on the Agency's discharge for the financial year 2019 has been impacted by events and incidents that happened in 2020 or 2021, therefore, and keeping in mind the current OLAF investigation on the Agency and the conclusions of the LIBE Frontex Scrutiny Working group, and in line with Regulation (EU) 2019/1896 ('the Regulation'), the Agency must by the end of the 2020 discharge procedure fulfil the following conditions: a) recruit the remaining 20 fundamental rights monitors in AD grade in line with Article 110 of the Regulation; b) recruit three deputy executive directors in line with Article 107 of the Regulation; c) adopt a detailed and specific procedurefor the implementation of Article 46 of the Regulation; d) present an adapted SIR mechanism in line with the FRaLO recommendations; e) establish a fully functioning fundamental rights monitoring system in line with Article 110 (1) and (2) of the Regulation. Failing to fulfil those conditions increases the risk of a refusal to grant the discharge for the financial year 2020;
Amendment 2 #
2020/2166(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds the Agency to regularly review and update its performance measurement system and key performance indicators to ensure the Agency’s efficient contribution and expertise at Union level; encourages the Agency to carefully analyse the outcomes and use them to improve its strategy and activity planning;
Amendment 4 #
2020/2166(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotesWelcomes the fact that the Agency continues to closely cooperate with the Justice and Home Affairs agencies’ network, and agencies which comprise it, including in particular the European Union Agency for Law Enforcement Cooperation (Europol) and the European Border and Coast Guard Agency; notes that they share trainings and organise courses together; notes that the Agency actively cooperates with the European Institute of Innovation and Technology (EIT) sharing facilities and support for recruitment and procurement procedures; acknowledges the fact that the Agency has outsourced accounting services to the Commission since 2014; encourages the Agency to actively seek further and broader cooperation with other Union bodies, offices and agencies;
Amendment 11 #
2020/2166(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls the suggestion of the European Court of Auditors in 2018 to publish vacancy notices on the website of the European Personnel Selection Office in order to increase publicity and to avoid incurring high translation costs; notes that the Agency publishes all its vacancies on its own website, social media and on the interagency job board developed by the EU Agencies Network; calls for the Agency to take appropriate measures and report an update to the discharge authority with steps taken to publish vacancy notices on the website of the European Personnel Selection Office;
Amendment 14 #
2020/2166(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls from the Court’s report 2018 that the Agency had not yet introduced all the tools launched by the Commission aiming to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e- procurement); noteswelcomes the fact that the Agency introduced e-invoicing and e- tendering in 2018 and introduced e- submission in 2019, thus fully implementing e-procurement;
Amendment 29 #
2020/2166(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages the Agency to continue promoting its work, research and activities to increase its public visibility;
Amendment 2 #
2020/2165(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Encourages the Agency to pursue the digitalization of its services, as a way to reduce bureaucracy;
Amendment 3 #
2020/2165(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Agency to explore possibilities of resources sharing on overlapping tasks among other agencies with similar activities; encourages the Agency to actively seek further and broader cooperation with all of the Union agencies; encourages the Agency to explore the possibility of staff sharing in certain non-expert, technical and administrative fields;
Amendment 4 #
2020/2165(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public;
Amendment 6 #
2020/2164(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls upon the Agency to focus on disseminating the results of its research to the general public;
Amendment 1 #
2020/2161(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Agency shares resources on overlapping tasks with other Agencies, including notably the European Food Safety Agency, the European Training Foundation, the European Securities Market Authority, in the areas of surveys, e-learning, cloud and LinkedIn services and environment awareness training; strongly encourages the Authority to actively seek further and broader cooperation with all Union agencies;
Amendment 2 #
2020/2161(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public;
Amendment 4 #
2020/2161(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Encourages the Agency to pursue the digitalization of its services, as a way to reduce bureaucracy;
Amendment 3 #
2020/2160(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Strongly encourages the Authority to actively seek further and broader cooperation with all Union agencies;
Amendment 4 #
2020/2160(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Encourages the Agency to pursue the digitalization of its services, as a way to reduce bureaucracy;
Amendment 5 #
2020/2160(DEC)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public;
Amendment 5 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 8 #
2020/2158(DEC)
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
Amendment 12 #
2020/2156(DEC)
10. Notes with concern that, although the Centre is not fee-financed, it depends on revenue received from its clients (the Centre has stated that 99,2 % of its income comes from fees paid by its clients), who are represented on the Centre’s management board, and that there is therefore an inherent risk of conflicts of interest regarding the pricing of the Centre’s products; notes that the Centre, as a mitigating measure for the budgetary consequences of such conflicts of interest, maintains a budgetary reserve (‘reserve for the stability of prices’) in order to balance the budget in the event of unforeseen events or reduced demand; notes that this is primarily a reactive measure and encourages the Centre to also develop preventive measures, making sure fair pricing is maintained for all the Centre’s clients;
Amendment 16 #
2020/2156(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Encourages the Agency to pursue the digitalization of its services, as a way to reduce bureaucracy;
Amendment 2 #
2020/2155(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds the Agency to regularly review and update its performance measurement system and KPIs to ensure Agency’s efficient contribution and expertise at Union level; encourages the Agency to carefully analyse the outcomes and use them to improve their strategy and activity planning;
Amendment 5 #
2020/2155(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the Agency collaborates closely with other agencies on topics of common interest in the operational area and shared procurement services, and has joined inter-institutional calls for procurement tenders with other agencies; notes that in 2019, the Agency started cooperation with European Union Intellectual Property Office in order to implement a Disaster Recovery Plan; encourages the Agency to continue exploring possible synergies and effectively exchange information with other agencies in order to align activities and avoid overlaps;
Amendment 9 #
2020/2155(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret from the Court’s report that the Agency exceeded the contractual ceiling with regard to the Third European Survey of Enterprises on New and Emerging Risks (ESENER-3) by 2,4 % without any amendment of the contract; notes from the Agency’s reply that it received confirmation from the Commission only once the procurement was completed and the award decision was signed which led to the non-inclusion in the initial documents of the budget for inclusion of additional countries;
Amendment 11 #
2020/2155(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes Agency’s communication and social media activities, which help to raise awareness about the Agency; notes that the Agency developed new data-visualisation tools and updated web publication section to make the information more appealing and accessible; encourages the Agency to continue promoting their work, research and activities to increase its public visibility;
Amendment 12 #
2020/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the remaining high level of committed appropriations carried forward from 2019 to 2020, which stood at 22 %; recalls that such high carry-overs were also reported for the financial years 2016, 2017 and 2018, and calls on the Agency to analyse the underlying reasons and to improve the budget planning accordingly; notes the Agency’s reply specifying that part of the carry forwards are planned in order to ensure economy and in order to guarantee logistical arrangements;
Amendment 13 #
2020/2155(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes with regret from the Court’s report that under a contract for the provision of training and coaching services, the Agency did not base its reimbursements on actual figures shown in supporting documents as provided in the contract, thus incurring the risk of reimbursing higher sums than the costs actually made; notes from the Agency’s reply that it acknowledges that supporting documents/invoices were missing;
Amendment 4 #
2020/2153(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
Amendment 3 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rightsfundamental rights' impact on security policy; highlights, in particular, the value of the Agency’s studies and opinions for the development and implementation of Union legislation;
Amendment 6 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
Amendment 8 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
Amendment 12 #
2020/2152(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
Amendment 14 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
Amendment 16 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
Amendment 22 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
Amendment 5 #
2020/2151(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates the Foundation’s work to enhance and disseminate knowledge, and to provide evidence and expertise to support policies concerning the improvement of living and working conditions in the Union; highlights the importance of collaborating with various highly qualified external experts;
Amendment 13 #
2020/2151(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret from the Court’s report that with regard to a framework contract for a maximum amount of EUR 170 000 for the supply of electricity, the Foundation incorrectly used a negotiated procedure with a single candidate, which resulted in irregular related contracts and associated payments; notes from the Foundation’s reply that it accepts the Court’s observation and consequently has planned the new tender for early 2021 to be of a competitive nature;
Amendment 16 #
2020/2151(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with regret from the Court’s report that with regard to another framework contract, the Foundation should have used an open procedure instead of a negotiated procedure justified by the Foundation on the basis of a budget which was underestimated; notes from the Foundation’s reply that it did a screening of the local market, based the budget on professional advice, publicly advertised the contract and published a contract award notice in the Official Journal;
Amendment 17 #
2020/2151(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the fact that the Foundation has completed the corrective actions in relation to the Court’s observations from previous years; notes that the Foundation is in the process of implementing actions in response to the recommendations from the Commission made on the basis of the external cross- agency evaluation covering the period 2012 to 2016, and awaits the Foundation’s related reporting in its 2020 Annual activity report;
Amendment 2 #
2020/2150(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the introduction of more qualitative indicators in 2018-2019, which aimed to provide a more balanced view on the Centre’s performance; reminds the Centre to regularly review and update its performance measurement system and KPIs to ensure Centre’s efficient contribution and expertise at EU level; encourages the Centre to carefully analyse the outcomes and use them to improve their strategy and activity planning;
Amendment 3 #
2020/2150(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the external evaluation, to which the Centre was subject in 2017 as required by the financial rules, has assessed the Centre’s work positively; welcomes the actions planned to address the issued recommendations and calls on the Centre to continue to pursue further cooperation with other agencies; encourages the Centre to continue to implement its performance measurement indicators and to align the performance indicator methodologies with other agencies in order to present the implemented policies in a more detailed manner; welcomes the introduction of an environmental indicator;
Amendment 10 #
2020/2150(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Centre’s collaboration with other Union agencies, in particular with Eurofound, with the purpose of seeking to ensure synergies; expresses its satisfaction that the Centre collaborates with the EU Agencies Network to ensure efficiency gains in administrative matters, such as joint procurement procedures and exchange of knowledge and expertise on IT system, cybersecurity or HR practices;
Amendment 14 #
2020/2150(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret that the Court identified weaknesses in one procurement procedure for cleaning services for which the Centre accepted a change in the execution of the contract following its signature, without properly documenting the change or incorporating the change into the framework contract; notes from the Centre’s reply that the Centre intends to formalise its guidelines on contract management to complement the training given to contract managers, the work flow and the controls in place;
Amendment 14 #
2020/2150(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with regret that, as a result of the Judgment of the General Court in case T-187/18, the Centre has an obligation to pay EUR 40000 compensation, and draws attention to the importance of complying with existing labour legislation in order to avoid such cases in the future;
Amendment 16 #
2020/2150(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes the Court’s observation regarding incorrect application of the method for calculating contribution set out in the Statement on Cedefop-EFTA cooperation; notes, from the Centre’s reply, the Centre’s declaration that no incorrect application has taken place and that it has been consistently applying the ‘proportionality factor’ in this regard;
Amendment 16 #
2020/2150(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern that, according to the Court’s report, mistakes in procurement and contract management were made, that the Centre accepted the change in the execution of a contract without properly documenting whether the alternative proposed by the contractor was at least equivalent to the solution proposed in the tender and that the Centre did not amend the framework contract concluded with that contractor in order to include such change; Notes that the Centre formalised its guidelines on contract management to complement the training given to contract managers, the workflow and the controls in place;
Amendment 17 #
2020/2150(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with regret that, as a result of the Judgment of the General Court in case T-187/18, the Centre has an obligation to pay EUR 40 000 compensation, and draws attention to the importance of complying with existing labour legislation in order to avoid such cases in the future;
Amendment 20 #
2020/2150(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the Centre’s communications campaigns, focus on social media presence, interactive online tools and visualisations; encourages the Centre to continue promoting their work, research and activities to increase its public visibility;
Amendment 1 #
2020/2149(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with satisfaction that, according to the observations of the Court of Auditor’s (‘the Court’s’) annual report related to Chapter 9 'Administration - MFF heading 5', no specific issues were identified in the sample of transactions concerning the EEAS for the third consecutive year and no material level of error was identified in the EEAS’s annual activity report;
Amendment 4 #
2020/2149(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Court’s general observations on the increase in the number of contract staff and the related budget appropriations from 2012 to 2018; observes that for the EEAS, such an increase was due to new tasks reflecting the placing of new operational and political responsibilities on the EEAS, in particular in the areas of the common security and defence policy, the implementation of the action plan against disinformation as well as the urgent priority to reinforce physical and IT security in EU Delegations; observes for the EEAS an overall increase in contract staff from 322 to 444 (i.e. a growth of 38 %); supports the EEAS efforts to strengthen its administration and asks EEAS to report back to the Budgetary Control Committee on the results and the impact of the increased contract staff numbers; encourages EEAS to create and divulge guidelines of the best practices on how to conduct recruitment procedures to ensure openness, fairness and transparency;
Amendment 6 #
2020/2149(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotesIs concerned about the geographical imbalances in the composition of the EEAS staff; notes considerable discrepancies between the representation of countries with comparable population size and between West and East European countries (in 2018, 347posts out of 2491 were occupied by Belgian citizens, i.e. almost 14%of total EEAS jobs, whereas Belgian citizens represent only about 2,6% of all EU population); stresses that the EEAS, like all European institutions, must ensure that all Member States are proportionally represented while at the same time respecting the competences and merits of the candidates; calls onurges the EEAS to enhance the geographical balance in order to have a proper representation of nationals from all Member States, reflecting the diversity of Member States;
Amendment 10 #
2020/2149(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the EEAS to report on the distribution of nationalities in the selection committee responsible for hiring; invites the EEAS to consider developing further instruments to ensure proportion between merit-based and geographically balanced recruitment; asks the EEAS to provide statistics of the staff according to their nationality for the year 2019;
Amendment 28 #
2020/2149(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes the rate of anomalies detected in ex ante verifications of commitments and payments (respectively, 308 errors out of 1193 and 394 out of 2119); is concerned that in both cases errors are of an administrative nature i.e. incorrect amounts for commitments or missing supporting documents for payments presented for ex-ante financial verification; calls for the implementation of measures that would contribute to a reduction of the level of errors in general terms;
Amendment 32 #
2020/2149(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that the spread of deliberate, large-scale systematic disinformation is an acute strategic challenge for the Union’s public diplomacy for which adequate financial, IT and human resources should be devoted in the short-to-medium term term; supports the reinforcement of the linkage between policy making, public diplomacy and strategic communication;
Amendment 36 #
2020/2149(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that only two delegations provided motivated reservations, i.e. the Delegation to Syria (since 2017) and the Delegation in Djibouti in relation to the management of their administrative expenditure, in particular linked to procurement issues; calls on EEAS to undertake necessary steps to examine these issues;
Amendment 38 #
2020/2149(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the fact that the EEAS is continuously adapting its anti-fraud strategy in conjunction with all the RELEX directorates general and with a dedicated format with OLAF; believes that all necessary efforts have to be made to share and exchange information on their operational challenges to better identify risky areas in their activities and programmes; calls on the EEAS to identify any possible specific policy fields where tighter collaboration with OLAF might be needed to ensure an effective fraud prevention
Amendment 43 #
2020/2149(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines that post-public employment and ‘revolving door’ conflict of interests situations is a recurring issue in the EU institutions; calls for the EEAS for the effective and consistent application of the Staff Regulations, in particular Article 16 thereof, in order to prevent conflicts of interests, in particular – but not only – concerning senior officials and seconded national experts;
Amendment 47 #
2020/2149(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes with appreciation that this increase in colocations has been coupled with a consolidation and standardisation of the system of recovery of costs through further centralisation of incurred colocations’ revenues and the application of administrative fees in the agreed service level agreements; observes that approximately EUR 10 million of revenues were generated in 2019; calls on the EEAS to present an overview of the allocation of this revenues to ensure transparency;
Amendment 52 #
2020/2149(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Regrets the fact that there are still unpaid trainees in EU delegations; encourages the EEAS to take step to assure that trainees have means to support themselves; urges the EEAS to follow the recommendation of the European Ombudsman to pay all trainees an appropriate allowance;
Amendment 3 #
2020/2148(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges that the overall budget increase was mainly due to the impact of the new tasks resulting from the Regulation (EU) 2018/1725 (the General Data Protection Regulation, GDPR), which lays down the data protection obligations for the Union institutions and bodies when they process personal data and develop new policies) and the necessary growth of the European Data Protection Board (hereafter EDPB) that was created on 25th May 2018 and for which the Supervisor was entrusted to provide an independent secretariat; recognises that 2019 was the first full year of operations of the EDPB Secretariat and of the implementation of the GDPR which justifies the increase; the related allocated budget increase amounted to 51% (from 3 594 746 EUR in 2018 to 5 413 838 EUR in 2019);
Amendment 5 #
2020/2148(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that at the end of 2014, the Supervisor counted 55 members of staff compared to 96 at the end of 2019, which signifies almost a doubling in the number of staff; is aware that the Supervisor's budget is mostly administrative, with a large amount being used for expenditure relating to persons, buildings, furniture, equipment and miscellaneous running costs; acknowledges that a substantial part of the staff are contract staff which are employed for a temporary period, such as replacement of staff on maternity leaves or implementation of specific actions;
Amendment 10 #
2020/2148(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the EDPS' initiatives aimed at using office space more sustainably and optimising it as well as reducing the energy level in the building, such as the promotion of structural and occasional teleworking, reimbursement of 50% of the cost of public transport tickets to staff who cease to use office parking spaces and return their parking vignette;
Amendment 11 #
2020/2148(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that the EDPS is a smaller organisation with a need for highly specialised staff, however, there is a slight geographical imbalance in staff, where only 19 Union nationalities are represented in the EDPS from which Belgian citizens occupy 28 % of the positions; invites the Supervisor to consider further steps to provide a more balanced representation of all Member States;
Amendment 16 #
2020/2148(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that the new telework decision allows staff to work at home, this step allows the EDPS to make more use of shared offices and make savings on the related expenditure;
Amendment 17 #
2020/2148(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that due to the very small size of the office of Supervisor, the concluding of service level agreements (SLA) such as with the Commission for trainings, medical service, use of Sysper, appraisal system, for the payment of salaries, the staff insurances and the organisation of missions, for accounting services and transportation services is important for efficiency gains; notes that the Supervisor has SLAs with the Parliament for IT and building-related expenditure and that in addition the Supervisor also participates in many inter-institutional calls for tenders, resulting in a current participation of 60 framework contractsencourages the inter-institutional activities of the EDPS, including 60 framework contracts initiated by different Union institutions; notes that the Supervisor has SLAs with the Parliament for IT and building-related expenditure;
Amendment 23 #
2020/2148(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the activities aimed at verification for compliance with data protection rules and its assessment of Union bodies in this regard; notes that the supervisory activities of EDPS are guided by the accountability principle and follow a risk-based approach;
Amendment 35 #
2020/2148(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Is however of the opinion that the implementation of GDPR, despite harmonised rules, may be particularly challenging for small and medium sized companies (SMEs); asks the Supervisor to further alleviate the administrative burden for SMEs; is interested incalls on the EDPS to consider the possibility of conducting a cost evaluation of the implementation of GDPR in the near future;
Amendment 11 #
2020/2147(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Ombudsman to maintain and expand contacts with bodies at Union and national level, which serve the purpose of exchanging information and best practices and adopting common approaches (such as the guidelines developed via the Inter-institutional Online Communication Committee), where possible, on general administrative, financial, personnel and IT matters as well as on ethics, transparency and public integrity;
Amendment 21 #
2020/2147(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the internal auditor's annual report for 2018 concluded that, subject to closure of the remaining action on business continuity management, the Ombudsman's risk management, control and governance systems are effective and efficient and provide the reasonable assurance thjat it will attain its control objectives on a consistent basis; notes that the Ombudsman developed synergies with the Commission, to use corporate tools and/or services for staff management, financial management and accounting, public procurement, management of missions and recruitment; asks the Ombudsman to inform it on any follow-up in relation to the actions carried over in respect of business continuity management;
Amendment 25 #
2020/2147(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the opportunity to congratulate the Ombudsman on the opening of an investigation (OI/2/2017) on the transparency of the Council’s legislative work in 2017 in order to allow citizens to more easily follow the legislative process of the Union; welcomes the recent positive echoing by the Ombudsman of the new transparency steps taken by the Council, for example by proactively publishing progress reports on negotiations on draft laws, a development which is in line with proposals made by the Ombudsman as a result of her inquiries; appreciates Ombudsman´s proposals to ensure a more systematic and effective approach to dealing with former staff members moving to the private sector or people moving from the private sector to the Commission;
Amendment 29 #
2020/2147(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes that the Ombudsman supports the importance of data protection, and commits to enhance further the awareness of users of the importance of online data protection; appreciates he creation of the Register of records of processing operations of the European Ombudsman and the cooperation with the European Parliament;
Amendment 32 #
2020/2147(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. WNotes that the Ombudsman spent 102 050 EUR on communication activities, more than half of this amount (64 505 EUR) was spent for outreach conferences and events; welcomes the fact that the Ombudsman exceeded the targets set for social media in 2019; notes that the Ombudsman reached 36.717 mentions on Twitter (target 20 000) and that the number of Twitter followers went from 22.600 at the end of 2018 to 26.300 in December 2019, which represents a 16 % increase; notes that the fastest-growing channel was Instagram, where the audience grew by 47 % during the year and on LinkedIn, the number of followers increased by 21 %;
Amendment 38 #
2020/2147(DEC)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Welcomes the initiatives by the Ombudsman´s office to encourage the use of public transportation by providing financial support for yearly subscriptions and by limiting available car parking spaces.
Amendment 5 #
2020/2146(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the total number of staff in 2019 was 576 (compared to 538 in 2018 and 533 in 2017); notes that the number of posts in the establishment plan amounts to 491 which is considered by the Committee as insufficient; recognises the results of a workload assessment finalised in 2019 for a potential reorganisation with the objective to make further efficiency gains and create synergies; is informed that the Committee wants the Union budgetary authorities to address the issue and balance the current staff situation progressively; encourages the Committee to deepen its administrative cooperation with the EESC via JointServices to pool staff in order to develop more synergies.
Amendment 6 #
2020/2146(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 8 #
2020/2146(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that the transfer of 24 translation posts from the Committee to the Parliament was estimated to result in the yearly savings amounting to approximately EUR 2.9 million, invites the Committee to present a report on the impact of this transfer;
Amendment 10 #
2020/2146(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that the situation in terms of gender balance in middle and senior management positions has remained relatively stable since 2018 with 35 % of these positions being filled by women; acknowledges that a new equal opportunity strategy containing concrete objectives to be reached by 2025 is being adopted and should enter in force in 2020; calls upon the Committee to present an outline of its adoption and its planned impact;
Amendment 20 #
2020/2146(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the Committee uses contract staff mainly to provide appropriate support in the form of replacements for mid to long term absences and for specific projects in different directorates with the objective of providing additional support to members of the Committee; notes that in 2019, as the consequence of the cooperation between the Committee and Parliament, the number of long-term contract staff decreased in the Directorate for Translation compared to the years 2013-2017;
Amendment 21 #
2020/2146(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Committee needs to upgrade its security control systems and ensure a safe work place for its members and staff, which require additional specialised resources and that the ratio of resources dedicated to both physical security and IT support per member of staff is very low in comparison to other European institutions.; encourages the Committee to continue preparing new project to boost cybersecurity;
Amendment 23 #
2020/2146(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that an external evaluation of the communication strategy of the Committee was carried out in accordance with the standards applied by all other Union institutions using a shared framework contract; notes that the overall quality of the Committee’s communication mostly meets audience needs and is effective as key stakeholders have a positive perception of the Committee; invites the Committee to improve digital communication with the public and to enhance the visibility of its studies for stakeholders and for Union citizens;
Amendment 28 #
2020/2146(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is aware that the bureau of the Committee adopted a digital strategy at the beginning of 2019 and that the implementation started following the adoption; notes that the main deliverables of the strategy are member-centric information systems to support the political work of the Committee, information systems to support paperless administrative processes and a digital workplace programme; invites the Committee to enhance digitalisation also through interinstitutional cooperation;
Amendment 31 #
2020/2146(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the fact that a series of measures has been implemented to ensure adequate building security standards, such as the installation of new equipment for access control and the installation of new closed-circuit television (CCTV) system; notes that the related security standards have reached the same level as the standards of Parliament and the Commission and that, moreover, first steps have been taken to buy a new visitor's management system that will be implemented in 2020;
Amendment 37 #
2020/2146(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that a compliance and effectiveness exercise was launched in 2019 to assess to what extent the Committee complies with the 16 internal control standards; notes that the 2019 compliance exercise has shown that the overall state of implementation and effectiveness of the requirements remained satisfactory and stable as compared to 2018; notes, however, that areas for further improvement have been identified including the alignment of the Committee’s mission and organisational structure with new priorities, administrative cooperation between the Parliament and the Committee, further digitalisation of data storage and simplification of administrative processes as well as an in-depth revamp of the existing business continuity plan arising from the experiences acquired during the current COVID-19 situation;
Amendment 43 #
2020/2146(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Welcomes the existing cooperation agreements between Parliament, the Committee and the European Economic and Social Committee, with a view to identifying other areas in which back- office functions could be shared; invites the Committee to identify further potential synergies and savings;
Amendment 45 #
2020/2146(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Supports the Committee and the EESC in the view that in the event of an extension of the current agreement or of a new agreement with Parliament all outstanding issues such as the unbalanced situation for the Committee and the EESC, which transferred a total of 60 translators to Parliament (24 from the Committee) and in exchange obtained only the use of the services of the European Parliamentary Research Service must be settled; notes with concerna guarantee for a sustainable working relationship with the Parliament, intensified cooperation with the parliamentary committees, involvement in the European Semester work, a reserved seat during parliamentary committee meetings, the use of the services of the European Parliamentary Research Service, joint projects and synergies on translation, opening of pathways between Parliament and the buildings of the Committees, a service level agreement including provisions of interpretation services and technical support by Parliament, regular use of Parliament buildings in Brussels as well as Parliament’s Liaison Offices in the Member States for events and activities, intensified cooperation in the area of informatics, mutual access to canteens, several cooperation mechanisms to ensure a coherent approach and create synergies in the field of information and communication and if required legal advice in technical and/or administrative matters of the Parliament’s Legal Service should be reviewed; notes that as a consequence the Committee and the EESC had to hire contract staff and outsourced their translation services which resulted in an effective budget reduction;
Amendment 48 #
2020/2146(DEC)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Underlines the Committee's acknowledgement in its written answers to Parliament that the cooperation with Parliament in 2019 continued to build on the achievements of the previous years and revealed satisfactory progress on several levels such as the relations between the commissions of the Committee and the committees of Parliament, new ways of cooperation including contributions to implementation reports and fact-finding missions and a successful and impactful cooperation through Parliament's Intergroup on Climate Change, Biodiversity and Sustainable Development; stresses that the Committee has requested that the political cooperation continue to be further developed while respecting the autonomy and the specific approaches of each parliamentary committee and each commission of the Committee;
Amendment 53 #
2020/2146(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. CongratulaNotes the Committee on the ongoing´s efforts in the framework of the environmental management system as regards the lowering of the carbon footprint and plastic, food and paper waste; agrees that the reduction of the carbon footprint is among the most important objectives for the coming years; encourages the Committee to participate in related projects with the other Union bodies and to elaborate a comprehensive plan for the Committee to implement the principles and recommendations presented in the European Green Deal, with the general objective of becoming climate neutral by 2030;
Amendment 56 #
2020/2146(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines that on 5 December 2019 the Committee adopted a code of conduct for its members laying down a detailed procedure in the event of alleged harassment of a member of staff by a Committee member, which is largely based on Parliament's Bureau’s Decision of 2 July 2018 on harassment complaints; notes that the code of conduct includes a number of sanctions in order to ensure its observance and that the Committee has set up an advisory board on harassment; asks the Committee to present a report on the implementation of the code of conduct;
Amendment 60 #
2020/2146(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Recalls that the invalidity committee confirmed that the invalidity of the former internal auditor,Appreciates the progress on the case concerning the former internal auditor, Mr McCoy, in response to the 2018 discharge, notes the work done by the rapporteur for the other institutions who opened the long-stalled dialogue; recalls that the invalidity committee confirmed that the invalidity of Mr McCoy, arose from an occupational disease, and that, consequently, on 26 June 2019 the Committee formally endorsed this conclusion; notes that pursuant to article 78(5) of the staff regulations Mr McCoy was reimbursed in July 2019 in respect of all his contributions to the pension scheme between the date he started receiving the invalidity allowance (1 July 2007) and the day before he started receiving retirement pension (31 July 2010);
Amendment 63 #
2020/2146(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. aAppreciates the exchange held in the context of the 2019 discharge procedure on 10 November 2020 with the mediator, the former internal auditor and a representative of the Committee; recalls that Mr. McCoy and the Committee were invited to a meeting of Parliament's Committee on Budgetary Control based on a suggestion by the EPP coordinator; underlines the importance of deescalating the situation and bringing the positions of the former internal auditor and of the Committee together; welcomes the mediator’s suggestion of a meeting between the President of the Committee and Mr McCoy as a starting point for reconciliation before any negotiations will take place;
Amendment 71 #
2020/2146(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Notes that the Committee was originally established to address important issues, as about three quarters of Union legislation is implemented at local or regional level for which reason local and regional representatives needed to have a say in the development of new Union laws; further notes that its original mission was to close the widening gap between the public and the process of European integration by involving regional representation;
Amendment 72 #
2020/2146(DEC)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Notes that the budget of the Committee has been growing over the past years (EUR 96 100 540 in 2018, EUR 98 751 065 in 2019 and projected EUR 101 508 480 for 2020); notes the concern that these resources are not used efficiently and that the original purpose is no longer being fulfilled; underlines that unlike the budget, the number of opinions issued by the Committee has gone down (71 in 2017, 78 in 2018 and only 49 opinions in 2019), which is alarming;
Amendment 73 #
2020/2146(DEC)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Encourages the Committee to consider preparing a plan for reorganisation and streamlining as such processes could lead to closer cooperation with Parliament and that, by reforming the institution, its know-how could be applied in a more effective way;
Amendment 74 #
2020/2146(DEC)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Invites the Committee to present impact assessments of its opinions; invites the Committee to also set clear and measurable key performance indicators for the following years in order to optimalise its functioning.
Amendment 7 #
2020/2145(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that in 2020 the bureau of the Committee in 2020 adopted a decision allowing for the reimbursement of expenses for remote participation in cases where a member was prevented from travelling to Brussels as a result of COVID-19 related issues.; asks the Committee to present a report on the financial impact of this decision including the reasons for the reimbursement;
Amendment 12 #
2020/2145(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that during 2019, the IT security officer remained active in raising user cybersecurity awareness for staff, including a briefing for the IT steering committee and sectoral briefings at the level of individual departments; notes that the Committee together with the Committee of Regions (‘CoR’) actively contributed to the ‘2019 European cybersecurity month’ campaignin 2019, two additional projects were launched concerning cybersecurity; encourages the Committee to continue its close cooperation with other committees, especially the Committee of Regions, to further develop synergies;
Amendment 17 #
2020/2145(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is aware of the new service level agreement launched in 2019 between Parliament and the Committee which allows the Committee to benefit from the services of Parliament’s interpreters (for which payment will be made) every time the Committee uses Parliament’s premises for its meetings and occasionally also in the Committee’s premises; acknowledges that the agreement contributes to the optimisation of the use of the interpreters of Parliament; welcomes the existing cooperation agreements between Parliament, the Committee and the Committee of the Regions with a view to identifying other areas in which back- office functions could be shared; invites the Committee to identify further potential synergies and savings;
Amendment 19 #
2020/2145(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Acknowledges that the agreement´s purpose is to allow for more flexibility to the advantage of all three involved parties, being the Committee, CoR and Parliament; notes that reallocation of unspent funds to other policy areas is part of this flexibility;
Amendment 24 #
2020/2145(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. States with concern that the Committee’s total annual budget increased from EUR 108 000 000 in 2006 to more than EUR 138 000 000 in 2019 while the overall number of opinions and reports produced by the Committee decreased significantly (from 193 in 2006 to 127 in 2019), implying that each opinion in 2019 comes at a significantly higher cost for taxpayer’s money which is alarming; notes with concern that out of the 127 opinions and reports, only 55 were own-initiative opinions;
Amendment 26 #
2020/2145(DEC)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Notes that the annual activity report for 2019 only gives a very general overview of the Committee’s activities without deeper qualitative and quantitative evaluation of its work; calls on the Committee to introduce other key performance indicators in its annual activity report, such as the rate of implementation in Union legislation of the recommendations in its opinions, to enable an impact assessment of the Committee’s work;
Amendment 27 #
2020/2145(DEC)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Regrets that for 2019, the Committee’s most consulted opinion (on Blockchain and distributed ledger technology) did not reach more than 2 500 page views, while the other top five opinions reached just between 1 000 and 2 000 views; encourages the Committee to increase its efforts to achieve a higher attention of its opinions;
Amendment 28 #
2020/2145(DEC)
Motion for a resolution
Paragraph 30 d (new)
Paragraph 30 d (new)
30 d. Asks the Committee to rationalise its internal bodies and refocus the remits of its structures, as stated in the follow-up to the 2018 discharge, including providing clarifications of savings in connection with this process; notes the efforts of the bureau to set up a six-member ad hoc group to provide a comprehensive review on how to streamline the Committee's working structures and bodies, including the question of the remits of the sections and the Consultative Commission on Industrial Change (CCMI); asks the bureau to extend the streamlining to all other existing bodies and to report back to Parliament on the findings;
Amendment 29 #
2020/2145(DEC)
Motion for a resolution
Paragraph 30 e (new)
Paragraph 30 e (new)
30 e. Acknowledges the existing cooperation agreements between Parliament, the Committee and the Committee of the Regions with a view to identifying areas in which back office functions could be shared; calls, in addition, on the Committee to identify possible synergies related to such back office functions and services;
Amendment 38 #
2020/2145(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Is aware that the Committee continues to implement its action plan 2017-2020 for equal opportunities and diversity; notes that gender balance among the Committee's managerial staff already reached parity in 2018 and remains relatively stable; welcomes the ‘united in diversity’ conference on communication in a multicultural environment with the aim of fostering respectful relations at work while taking diversity into account; observes the slight improvement in the geographical balance compared to 2018 with 19 % of the Committee’s managers currently being from Member States who joined the Union after 2004 (compared to 16 % in 2017 and 18,5 % in 2018); notes with concern the overrepresentation of certain nationalities in the Committee’s staff; urges the Committee to develop specific measures to address this imbalance; asks the Committee to ensure geographical balance as addressed in Rule 4 of the rules of procedure for members of the bureau;
Amendment 42 #
2020/2145(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes that long-term trainees receive a monthly maintenance grant, mobility and travel allowance; recommends the Committee to pay an adequate reimbursement to short-term trainees as well;
Amendment 51 #
2020/2145(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. AskUrges the Committee to inform the discharge authority on the procedures and processes the Committee has rolled out or intends to roll out as to how cases of harassment or similar issues concerning staff will be avoided in the future in order to ensure that comparable regrettable developments which have caused negative publicity and damaged the reputation of the Committee will not be repeated;
Amendment 58 #
2020/2145(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that the Committee is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its capacityefforts to tackle harassment situations; notes that a detailed action plan will be endorsed at the latest by the end of 2020the directorate of human resources and finances and the internal auditor prepared a revision of the ethics and integrity framework; agrees that the Committee continues to raise staff and management awareness through better targeted internal communication; asks the Committee to provide the Parliament with a complete overview of all actions undertaken;
Amendment 65 #
2020/2145(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Underlines that on the basis of the observations made by Parliament’s Committee on Budgetary Control, the report by OLAF and the reflections of the Committee’s advisory committee on the conduct of members, the Committee set up a joint internal working group on the ethical framework with a mandate to review all potential gaps in the current framework with a view to recommending improvements; notes that the advisory committee also has the opportunity to liaise with the joint internal working group in order to ensure coherence of the overall ethical framework within the Committee and to explore possible synergies; notes that the advisory committee on the conduct of members became the ethical committee and that a provision on the appointment of reserve members has been added, as well as the possibility for one of its member to recuse himself or herself, or to be removed if found guilty of breaching the code of conduct; welcomes the fact that the Committee has now explicit investigative powers in order to carry out its mission, and may also seek advice from external experts;
Amendment 67 #
2020/2145(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls on the Committee to report on the implementation ofWelcomes the fact that the Committee’s revised code of conduct and rules of procedure following the 2018 OLAF investigation was approved in the Committee plenary by a vast majority in January 2021; notes that the bureau has decided on a partial and light revision of the rules of procedure and a more comprehensive revision of the code of conduct, with a particular view to strengthening sanctions; notes that the revision of the code of conduct should be ready by DecemberCommittee has also updated its ethics and integrity framework through the adoption of an action plan for a stronger ethical framework, which entered into force on 7 January 20201;
Amendment 73 #
2020/2145(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. notWelcomes that the proposal for rerevised code of conduct includes elements such as prevention and prohibition of harassment practices and improved provisions ofn the codeclaration of financial interests and ofn conduct should include flict of interest; encourages the Committee to consider including other elements such as stronger sanctions, support mechanisms for victims, automatically informing the Council and the Commission of the names of Committee members who have been found to be responsible for breaching the code of conduct and an annual review of the functioning of the code of conduct; notes that the decision on harassment and the decision on administrative investigations are currently being revised in order to further improve the mechanisms allowing staff to make formal harassment complaints; notes in relation to the informal procedure and the possibility for staff members to share their concerns on any perceived situation of harassment that the number of confidential counsellors has been increased and that the entire network of confidential counsellors receives continuous support through regular supervision and training; notes that the confidential counsellors are part of an inter-institutional network, which allows for the exchange of best practices;
Amendment 78 #
2020/2145(DEC)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Values the Committee’s commitment to tacklinge harassment in the working environment and to fostering a culture of zero tolerance with regard to harassment by working on the revision of thethe revised ethics and integrity framework and the revision of the Committee’s decisions on harassment, whistleblowing and administrative enquiries; welcomes that a related, detailed action plan is supposed to be endorsed by the end of 2020 and covers a number of measures such as the revision of the code of conduct for members, the possible creation of an independent internal ombudsman function, a brochure focusing on respect and dignity at work, the establishment of a dedicated compulsory learning path before entrusting staff management responsibilities, whether on Committee’s managers or on members, and regular awareness-raising activities,; appreciates that an internal audit on ethics and integrity will take the form of a mapping exercise followed by an analysis aimed at establishing a comprehensive overview of rules, standards and measures in relation to ethics and integrity; notes that the audit will also tackle issues such as gifts and entertainment, outside activities and assignments, conflicts of interest and post-Union employment;
Amendment 14 #
2020/2144(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. States that the geographical proximity of France, Belgium and Germany to Luxembourg may be a reason why these three nationalities are generally overrepresented among the staff at the Court; notes, however, the Court’s firm position that wUrges the Court to strive for further improvements in the context of geographical balance of staff (specifically for AST functions groups 1-4 and 5-9 there is a significant overrepresentation of certain nationalities); calls on the Court to prepare an action plan for then recruitingment of new staff members the Court acts solely in the interest of the service and without regard to nationality, as stipulated in Article 7 of the Staff Regulations;
Amendment 24 #
2020/2144(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the administrative arrangement signed in 2019 providing a structured framework between the European Anti-Fraud Office (OLAF) and the Court in order to provide a structured framework for co-operation between OLAF and the Court, and toand facilitate theiring a timely exchange of information under Regulation (EU, Euratom) No 883/20136 and the Court’s decisions related to internal investigations; notes that this arrangement also contains provisions on non-operational issues such as the organisation of training sessions, workshops and exchange of staff; notes that in 2019, the Court reported ten cases of suspected fraud compared to nine cases in 2018 (eight identified in the course of audit work and two denunciations made by third parties); _________________ 6 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (EUT L 248 af 18.9.2013, s. 1).
Amendment 29 #
2020/2144(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recognises that the Court applies a set of key performance indicators to monitor progress made, such as for example measuring the implementation rate of the Court’s recommendations; notes; notes with appreciation that the Court’s analysis showed that 96 % of the recommendations made in the 2015 annual report and 94 % of the recommendations made in the 2015 special reports have been implemented in full, mostly or in some respects; notes that the Court issued six annual reports, three opinions, 18 audit previews and four other publications, being part of the altogether 67 publications it issued in 2019;
Amendment 36 #
2020/2144(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that the audit showed that the case of a former member investigated by OLAF was an isolated case; stressnotes that the report concluded that the Court’s management and control systems were affected by certain shortcomings which have, however, been effectively remedied since then and that, overall, the management and control procedures currently in place are reliable; takes into account that the IAS made recommendations aimed at improving further the management and control system, that the audit report was strictly confidential and that all members and the secretary-general of the Court received the report;
Amendment 38 #
2020/2144(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes that the IAS considers that overall, reliable ex-post controls have been conducted for most of the high risk areas of the work of the directorates of the secretariat-general, based on the risk register and the operational objectives; appreciates being kept informed (in particular in the context of the past problems identified by an OLAF investigation on a former member of the Court)that the IAS has not observed any shortcomings that are of such importance as to seriously call into question the overall reliability of the internal control systems put in place by the authorising officer by delegation with regard to the legality and regularity of financial operations in 2019 and would appreciate such updates also in the future;
Amendment 41 #
2020/2144(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes that members are authorised to use official vehicles in the performance of official duties; notes that the use of official cars for other journeys is additional to the performance of such duties and that since 1 January 2017, the costs and kilometres related to the use of official cars have decreased significantly; emphasises the new rules on increased transparency with regards to the use of official cars and drivers to ensure that members’ journeys are related to the execution of their duties; notes that new rules entered into force on 1 January 2020 and introduced a monthly EUR 100 contribution for the non- official use of the vehicles as well as a liability on the part of the members and the secretary-general for certain costs and charges;
Amendment 47 #
2020/2144(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Asks the Court to provide information on the results of three harassment complaints, which were reported and investigated in 2019; notes that they were handled in accordance with the procedures laid down in the policy for maintaining a satisfactory working environment and combating psychological and sexual harassment; notacknowledges that in terms of expenditure, the investigations of each case were carried out internally and thus did not entail any additional costs; notes that it is foreseen thwelcomes the intention to evaluate the Court's policy on protecting staff against harassment shall be evaluated every three years and that this exercise is due to be carried out in 2020;
Amendment 49 #
2020/2144(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls onUrges the Court to provide information on any decisions taken related to the process of reviewing and amending the code of conduct for its members; supports the conclusions of the peer review with respect to the need to introduce regular updates of declarations, which would increase their reliability; is in agreement that the ethics committee plays a crucial role to the extent that the president and the members may seek its advice on any question pertaining to ethics and on the interpretation of the code of conduct; notes, moreover, that the committee is entrusted with approving any external activity undertaken by the members, including former members who intend to carry out an activity in the year after they leave the Court, which is an efficient tool in ensuring the absence of conflicts of interest.
Amendment 3 #
2020/2143(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. UnderlinesNotes with concern that the CJEU still overestimates some commitments as stated in the discharge resolution of 2017: for budget lines such as ‘missions for members’, budget line 104: EUR 299.750 committed versus EUR 34 340 paid; ‘missions persons working with institution’, budget line 162: EUR 498 500 committed versus EUR 272 898 paid; ‘training for members’, budget line 106: EUR 270 065 committed versus EUR 164 263 paid; and ‘training persons working with institution’, budget line 1612: EUR 1.528.061 committed versus EUR 706.717 paid; calls on the CJEU to pursue its efforts to ensure sound financial management for all budget lines in order to avoid significant discrepancies between commitments and payments;
Amendment 5 #
2020/2143(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the importance of addressing the lack of gender balance within the college of judges; welcomes, however, the factAcknowledges that efforts in the field of equal opportunities are becoming increasingly visible at the administrative level with a share of women in middle management amounting to 41 % and in senior management amounting to 40 %; notes that the staff in general has a distribution of 39 % men and 61 % women and for AD staff a distribution of46 % men and 54 % women;
Amendment 8 #
2020/2143(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CallsUnderlines the need for improvements in the context of geographical balance of staff, in particular for management positions, as at present 15 out of 58 heads of unit (25,8 %) and only 2 out of 15 directors (13,3 %) come from Member States that have joined the Union since May 2004 (compared to 15 out of 57 heads of unit and 2 out of 13 directors in 2018); acknowledges that these figures have to be seen in the context of the percentage of CJEU staff coming from those member states (29 %); calls on the CJEU to strengthen its efforturges the CJEU to strengthen its efforts in this regard by encouraging applications from candidates whose nationality is underrepresented and by making use of inter-institutional exchanges in thisat regardspect;
Amendment 13 #
2020/2143(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the steps taken by the CJEU to assess whether the workload is distributed proportionally across the different teams and members of staff to reduce cases of burnout and increase efficiency; notes that the presidents of the Court of Justice and the General Court, respectively, have responsibility for allocating cases by taking into account the current and anticipated workload; highlights the fact that tools have been made available to assess accurately the situation including workload analysis every six weeks; notes that for the administrative services, by taking into account the continuous increase in the workload and the limited resources available, the managers monitor the workload and its distribution between the different members of staff on an ongoing basis in order to be able to make the necessary adjustments;
Amendment 16 #
2020/2143(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is satisfied with the significant changes to the rules govWelcomes the changes to the internal legal framework concerning mMembers’ travel arrangements, especially in relation withjourneys, in particular with regard to the use of official cars and drivers; notes that the use of a driver is now only possible in two specific cases: prior authorised business trips carried out by members for the purpose of external activities (the rules governing such business trips do not provide for any situation, unless there are exceptional circumstances, in which a driver could be asked to travel to the member’s country of origin or to any other country without transporting the member in the vehicle), and trips dictated by special circumstances (health or medical reasons, safety or security grounds and cases of force majeure);
Amendment 18 #
2020/2143(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the training entitled ‘Rules of good conduct’ conducted in 2019 with the participation of 63 staff members; notes that such training have been set up in order to inform newcomers and other staff members on their obligations under the staff regulations and on the conditions of employment of other servants; notes with satisfaction that the courses cover topics such as harassment, whistleblowing, prevention of conflicts of interest and other ethical issues; welcomes that whistleblowing and conflicts of interest have also been included in the content of financial training; encourages such activities and invites the CJEU to promote trainings of similar nature;
Amendment 25 #
2020/2143(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. EncouragWelcomes the CJEU’s willingness to ensure greater transparency; encourages to publish on its website the members’ CVs and calls on the CJEU to take into consideration the approaches followed by the other institutions and the Member States in this area; welcomes the CJEU’s willingness to examine how a greater transparency can best be achieved;
Amendment 31 #
2020/2143(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the CJEU to enhance transparency and welcomes the CJEU’s decision to livestream the delivery of the judgments of its grand chamber; takes note that the livestreaming of hearings themselves would be an extremely complex and costly matter since it operates in 24 languages and without access to simultaneous interpretation it would be meaninglessextremely difficult for the vast majority of Union citizens to follow; welcomes also the fact that as of November 2019 the CJEU publishes requests for preliminary ruling from national courts, internal research notes and national judicial decisions on the website of the Judicial Network of the European Union;
Amendment 4 #
2020/2142(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that the Council continues to be silent in relation to the remarks made by Parliament in its discharge resolution of 28 April 20211 in relcontinuation tof the trend from previous years; _________________ 1 Texts adopted, P9_TA(2021)/0166.
Amendment 7 #
2020/2142(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the Council’s budget is mostly administrative with a large amount being used for expenditure concerning persons, buildings, furniture, equipment and miscellaneous running costs; calls onregrets that the request to separate the budget of the European Council and the Council into one budget for each institution that has been made by Parliament in previous discharge resolutions has not been considered and urges the Council, as it has done in previous discharge resolutions, to separate the budget of the European Council and the Council into one budget for each institution for reasons of transparency and to improve accountability and expenditure efficiency for both institutions;
Amendment 7 #
2020/2142(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that, in spite of its initial commitment, the Council doehas not, so far, systematically carryied out any adequate impact assessment of its substantial amendments to the Commission’s proposals; reiterates that such assessment is one of the key factors to improve the quality of Union legislation set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making2 ; _________________ 2 OJ L 123, 12.5.2016, p. 1.
Amendment 9 #
2020/2142(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises a slight reduction in the carry-over rate, amounting to 9,8 %, from 2019 to 2020 (as compared to a carry-over of 10,7 % from 2018 to 2019 and 11,5 % from 2017 to 2018); reminds the Council of the need, however, that carry-overs are exceptions to the principle of annuality and calls on the Council to strengthen its efforts to avoid budget over-estimates;
Amendment 10 #
2020/2142(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the lack of information from the Council on effective actions taken to tackle gender and geographical imbalances, including at management level, and in this regard recalls Parliament's resolution of 17 December 2020 on the need for a dedicated Council configuration on gender equality3 , requesting ministers and secretaries of state in charge of gender equality to have a dedicated institutional forum to ensure stronger integration of gender equality in Union strategies and policy processes, the coordination of all related policies, as well as the harmonisation of the protection of women’s rights and gender equality in the Union via an intersectional approach; underlines that this specific configuration would represent a key element in unblocking the negotiations on the main files related to gender equality; _________________ 3 Text adopted, P9_TA(2020)0379.;
Amendment 13 #
2020/2142(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the lack of attention paid to the need for an ethical framework, transparency and the prevention, identification and avoidance of conflicts of interest; reiterates its deep concern over the conflicts of interests of a number of Member State representatives involved in policy and budget decision-making processes; highlights in this regard the conclusions of the Commission audit on Czech Prime Minister Andrej Babiš and Agrofert which confirm the existence of conflict of interest; repeats Parliament’s strong call on the Council to ensure that Member State representatives who benefit directly from Union subsidies through the businesses they own (directly or indirectly) do not participate in related policy or budgetary discussions and votes; requests the Council to provide Parliament with information on the necessary measures put in place to avoid any conflict of interests; deplores that the Council categorically rejects Parliaments' proposals to increase digitalisation in the area of audit and control and refuses to cooperate on increasing the interoperability of existing Union and national databases and reporting and monitoring systems; is very concerned about the official and unofficial European Council conclusions that, despite existing conflicts of interest, interfere with the common agricultural policy and with the cohesion negotiations on a capping of funding per natural and legal person;
Amendment 14 #
2020/2142(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes, in the context of modernisation, the creation of a flatter management structure, by removing layers of hierarchy, with the aim of improving communication, making decision-making easier and empowering staff by allowing greater ownership of files; notes the introduction of a well-tested HR IT tool (SYSPER) and other IT tools used for managing the mission lifecycle; appreciates these steps and invites the Council to continue such efforts;
Amendment 15 #
2020/2142(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the resort to corporate sponsorship to cover some of the expenses incurred by Member States tocalls that the financial resources from national budgets vary significantly among Member States, meaning that the costs of a Council presidency likely result in a higher per capita financial burden for tax payers in smaller Member States; is of the opinion that each Member State, independent of its size and budgetary means, should have equal opportunities to organise a successful Council presidency without imposing a higher tax burden on its citizens; notes that corporate sponsorship allows Member States to reduce the tax burden on citizens when financeing their Council presidencies; is highly concerned byy; underlines theat possible reputational damage that this practice might cause too the Council due to conflicts of interests arising from corporate sponsorship of a Council presidency must not occur; emphasises therefore, that Member States should only seek corporate sponsorship of their Council and the Unionpresidencies when the absence of conflicts of interests is fully ensured in a transparent manner; urges the adoption of clear guidelines aimed at preventing situations of conflict of interest and the definition of transparent and binding rules on sponsorship;
Amendment 17 #
2020/2142(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that reporting by the Council on measures taken to improve legislative transparency remains less than completely satisfactory and reiterates its call on the Council to step up its transparency efforts by, inter alia, publishing Council working documents in a machine-readable format, by recording and publishing Member States’ positions and making available more trilogue documents;
Amendment 18 #
2020/2142(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Council to report on its gender action plan, the related procedures put in place and the actions taken to achieve a balance between women and men on all hierarchical levels; calls further on the Council to be provided with information on the geographical balance among its staff and the measures taken in order to ensure such balance;
Amendment 23 #
2020/2142(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is concerned not to find any chapter on an ethical framework on the official website of the Council consisting of rules to prevent, identify and avoid potential conflict of interests; calls on the Council to align with other Union institutions in this respect such as with the European Court of Justice’s website which has a dedicated section on transparency; calls on the Council to present a plan to introduce such measures with clearly set deadlines;
Amendment 26 #
2020/2142(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates the need to improve cooperation between the institutions in the framework of the discharge procedure through a Memorandum of Understanding between Parliament, the Council and the Commission in relation to the cooperation between Parliament and the Council during the annual discharge procedure; reminds that Parliament has informed Council of the composition of its negotiation team more than a year ago and that it stands ready to resume dialogue any time, only awaiting Council’s response;
Amendment 35 #
2020/2142(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that Parliament in its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU overwhelmingly supported the Ombudsman’s proposals on legislative transparency and encourages the Council to continue its efforts to improve legislative transparency, particularly by recording and publishing member state positions and making available more trilogue documents; invites the Council to report on other measures taken in order to improve legislative transparency;
Amendment 37 #
2020/2142(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Draws attention to a complaint- based inquiry in which the Ombudsman asked the General Secretariat of the Council to keep a full record of any meetings held between lobbyists and the President of the European Council or members of his cabinet; echoes the Ombudsman’s statement that members of the President’s cabinet should only meet with, or attend events organised by, interest representatives that are registered in the transparency register; is concerned that this statement goes unnoticed and calls for a reply to the Ombudsman;
Amendment 55 #
2020/2142(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Advises that the positive trend of this process has been interrupted by the COVID-19-epidemic; recallsnotes with concern, however, that in autumn 2020 all attempts from Parliament’s side to meet for a first preliminary exchange with the Council failed;
Amendment 23 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that Rule 11 of the Rules of Procedure has introduced an obligation for rapporteurs, shadow rapporteurs and committee chairs to publish information on meetings held with interest representatives in the context of their reports; notes with satisfaction that, since the start of the new legislature, the necessary infrastructure has been available on Parliament’s website to allow Members to publish scheduled meetings with interested representatives in order to improve transparencymake Parliament more open, transparent, and accountable to citizens; encourages efforts that would improve easy access and usability of this tool;
Amendment 27 #
2020/2141(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Recalls Article 4 of the Code of Conduct with respect to financial interests and conflicts of interest, that the Members' declarations of financial interests shall be provided in a precise manner; notes that in cases where there is reason to believe that the information provided is out of date, the President may, where appropriate, request the Member to correct the declaration within 10 days;
Amendment 140 #
2020/2141(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Supports the launch of an awareness raising campaign in 2019 to promote a zero-tolerance policy on harassment in the workplace; recognises Parliament’s zero tolerance policy towards harassment at any and all levels including Members, staff and APAs; notes that following the 2019 elections, all Members were required to sign a declaration confirming their commitment to complying with the code of appropriate behaviour incorporated in Parliament's Rules of Procedure in January 2019; however, regrets that 10 new harassment cases were opened in 2019 out of which 4 cases concerned sexual harassment; welcomes that the parliament provides voluntary trainings on dignity and respect at work for Members in order to lead by example
Amendment 150 #
2020/2141(DEC)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
Amendment 217 #
2020/2141(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Highlights thatExpresses satisfaction with the 2018 Bureau decision on the general expenditure allowance which stipulates that the Bureau will maintain this decision until the end of 2022 and will evaluate it on the basis of the experience gained during the 9th parliamentary term; stresses that any new voluntary and/or optional measures for greater transparency and financial accountability should not create unnecessary bureaucracy for Members and their offices; , their offices or Parliament's administration and no higher need of staff resources in Parliament's administration; recalls the principle of the independence of the mandate; recalls that the general expenditure allowance is intended to cover costs incurred which are directly related to the exercise of the Member’s parliamentary mandate; underlines that it is the responsibility of elected Members to use the expenditure for parliamentary activities;
Amendment 218 #
2020/2141(DEC)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Underlines that good governance is based on sound financial management and proportionality; invites the Bureau to take into account the cost-effectiveness and proportionality of any further investments and the benefits achieved through further expenditure of tax payers money and increased bureaucracy; notes that a comprehensive system of control of the Members’ parliamentary mandate allowance would necessitate 40 to 75 new administrative posts going against sound financial management and proportionality;
Amendment 21 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights, with regard to the implementation of the Union budget, the importance of complying with the principle of sound financial management as enshrined in Article 317 of the Treaty on the Functioning of the European Union (TFEU); emphasises that respect for the rule of law is among the most essential preconditions for sound financial management including the efficient and effective allocation and management of European funds; strongly welcomes in that regard the adoption of Regulation 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget; welcomes that the Commission has started its work on guidelines and emphatically reminds that this Regulation is applicable from 1 January 2020; expects the Commission, as the guardian of the Treaties, to ensure that the Regulation is fully applicable from the date agreed by the co-legislators and reminds that annulment of the Regulation or part of it is only possible by the CJEU;
Amendment 26 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the EU funds should be used in accordance to the principles of transparency, effectiveness and efficiency; welcomes that the Commission adopted the General regime of conditionality for the protection of the Union's budget; recalls Article 265 TFEU; calls on the Commission to implement the regulation without undue; furthermore calls on the Commission to ensure the protection of the Union´s Financial Interests in all dimensions;
Amendment 27 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Is concerned about the financial loss caused by generalised deficiencies as regards the rule of law in a number of Member States which render existing complaint and protection mechanisms void or ineffective;
Amendment 29 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Deplores that deficiencies in the validity and comparability of data and reporting technologies with varying degrees of digitalisation in the Member States continue to severely hamper a comprehensive overview over the distribution of EU funds and their efficient control; regrets that the detection of misuse, fraud and embezzlement of EU funds is mostly limited to incidental discoveries by the Commission and the European Court of Auditors (ECA) during their sample-based audits or investigations by OLAF;
Amendment 30 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recalls Parliament’s call on the Commission to propose regulation for the establishment of an interoperable IT system allowing for uniform and standardised reporting in a timely manner by Member State’s authorities in the area of shared management, particularly regarding CAP and cohesion funds, for an earlier detection of systemic errors and misuse as expressed in the discharge report for the Commission for the financial year 2018;
Amendment 31 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Emphasises that such an interoperable IT system would not only allow for an earlier and more efficient detection of misuse, fraud, misappropriations, conflicts of interest, double-funding and other systemic problems but would also allow for a comprehensive overview of the true distribution of EU funds and potentially unintended concentrations in the hands of few oligarchic or even criminal ultimate beneficiaries; underlines that the lack of information about the ownership structures and beneficial owners of companies and groups of companies significantly contributes to the opaqueness of the current distribution of funds; emphasises again the crucial importance of comprehensive, reliable and comparable data for the efficient, effective and timely control of European spending and the protection of European tax-payers’ money;
Amendment 33 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Underlines the benefits such an interoperable and digital system would entail for the Member States’ authorities with regard to the control and overview of national Parliaments and governments over the allocation, management and distribution of national tax-payer’s money in the form of European funds; emphasises that the digitalisation of the European reporting, monitoring and audit is overdue and indispensable given the cross-border nature of misuse, fraud, misappropriations, conflicts of interest, double-funding and other systemic problems;
Amendment 34 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Reiterates its urgent call on the Commission to prioritise a proposal for a regulation to establish such a reporting and monitoring IT system that would provide a comprehensive overview over the true distribution of EU funds; acknowledges proposals made by the Parliament and the Commission during the negotiations about the MFF 2021- 2027, the Recovery and Resilience Facility (RRF), the Common Provisions Regulation (CPR) and the CAP; deplores the Council’s resistance and refusal to constructively engage in the negotiations for viable compromises; regrets that different rules and reporting requirements were agreed in the different legislations; urges the Commission to propose a suitable provision to be included in the Financial Regulation without undue delay;
Amendment 35 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Notes that the Early Detection and Exclusion System (EDES), established by Art 135 Financial Regulation should ensure effective sanctions on unreliable persons or entities, and notably the exclusion from award and procurement procedures funded under the EU budget and the imposition of financial penalties; regrets that the database only lists very few economic operators (five as per February 2021); views this as a sign that EDES is not properly implemented;
Amendment 36 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1 i. Calls on the Commission to report to the discharge authority the reasons for why EDES only contains very limited entries; take the necessary action to improve the working, implementation and operability of EDES to ensure that all economic operators that fulfil the criteria of Art 136(1) (c) to (h) of the Financial Regulation are listed; calls further on the Commission to review the criteria with a view to decreasing complexity and increase applicability in practice;
Amendment 39 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Recalls that the discharge report 2018 called on the Commission to provide the discharge authority with a list of the 50 largest individual recipients (natural persons as beneficial owners of a company or of several companies) per Member State as well as a list of the 50 largest recipients (natural persons and legal persons as well as natural persons as owners of companies) of Union-subsidies aggregated across all Member States; acknowledges repeated attempts by the Commission to compile such a list by requesting information from the Member States; deplores that the Commission until the date of this resolution has not been able to provide the list as requested due to a lack of complete, reliable and comparable data provided by the Member States; underlines that this illustrates and emphasises the pressing need for a digital, interoperable reporting and monitoring system for the funds under shared management;
Amendment 40 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1 h. Reiterates its call on the Commission: - to remove any technical and legal barriers to the collection of data on company structures and beneficial ownership and establish measures to ensure a digital and interoperable, standardized collection of information on the recipients of Union funding, including on those ultimately benefitting, directly or indirectly, from Union funding and their beneficial owners; - to put in place the necessary digital systems and instruments for the compulsory use of all Member States, including but not limited to a single data- mining and risk-scoring tool allowing the Commission, OLAF and where applicable the EPPO, to access and analyse such data on the recipients of Union funding (including their beneficial owners) for the purposes of control and audit, in order to enhance the protection of the Union budget and Next Generation EU against irregularities, fraud and conflicts of interest;
Amendment 47 #
2020/2140(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is concerned about the possible narrow interpretation of the Article 61 of Regulation (EU) 2018/1046 by the Czech Paying Agency (the State Agricultural Intervention Fund) who considers it non- applicable for the members of the Government; urges the Commission to provide its opinion on the interpretation of the said article regarding national Paying Agencies;
Amendment 48 #
2020/2140(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to ensure that Article 61 of Regulation (EU) 2018/1046 is respected and implemented in the Czech Republic, and applied on all payments from the EU budget, including direct payments under the 1st pillar of CAP, and to monitor the independent functioning of Paying Agencies in this regard;
Amendment 53 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Underlines that the creation of the European Public Prosecutor´s Office (EPPO) marks a fundamental development in the protection of the Union´s financial interests; criticizes the underfinancing and understaffing of the EPPO during its build-up phase and reiterates Parliament´s opposition towards the reductions of staff in OLAF as a result of posts transferred to EPPO leading to a cumulative reduction of 45 posts by 2023 for OLAF; calls on the Commission to increase the capacities by reviewing staffing situation concerning EPPO and OLAF;
Amendment 60 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is concerned by the Court’s repeated findings that the work of some national audit authorities or certifying bodies is considered too error-prone and therefore unreliable; regrets that the Court cannot include an analysis for the underlying reasons for these persisting weaknesses in its work; regrets that neither the Commission could contribute meaningful insights on the reasons and any country-specific differences between Member States’ authorities; regrets that this lack of information on the underlying reasons for these persisting, systemic weaknesses in certain national audit authorities hinders efficiently and effectively addressing and solving these problems; calls on the Commission to conduct a thorough analysis of the underlying reasons and structural problems causing the persisting systemic weaknesses identified by the Court; asks the Commission to also include observations on best practice and based on this analysis address clear, practical and readily implementable horizontal as well as country-specific recommendations to the national authorities as described in greater detail in the specific chapters of this resolution;
Amendment 63 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that, in view of the Multiannual Financial Framework 2021- 2027 and the Recovery and Resilience Facility, the financial resources of the European Union should support the increasing priorities and responsibilities of the Union. The protection of the Union financial interest is of utmost importance and that the strongest effort are necessary at all levels in order to prevent, and to fight against, fraud, corruption and misuse of the Union funds; welcomes the new corporate Anti-Fraud Strategy, adopted by the Commission in April 2019, on OLAF’s initiative, with the objective of enhancing the Commission’s knowledge about fraud and its analytical capability to steer anti-fraud action, to ensure cooperation among departments and executive agencies in fighting fraud, and to strengthen the corporate oversight of the fight against fraud;
Amendment 64 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that the error rate calculated by the Court is a statistical summary providing a convenient single indicator of the legality and regularity of EU spending, yet, does not provide a differentiated view of the different nature and graveness of errors flowing into it; acknowledges that the Court’s methodology is based on international audit standards involving testing of a random sample of transaction and that a representative sample cannot be entirely risk-based; welcomes that the Court divides its samples into high-risk and low- risk transactions; appreciates that the Court already includes specific examples of the errors found; invites the Court to include even more detailed information with a view to providing in particular more geographical insight into country- specific problems;
Amendment 69 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Is concerned that outstanding commitments have continued to grow, reaching EUR 298,0 billion at the end of 2019 (compared to EUR 281,2 billion in 2018); notes that the level of payment appropriations in the annual budgets has been noticeably lower than the MFF ceiling in recent years, which might lead to higher payment needs in the future; welcomes that the Commission included the estimated future payments in relation to the reinforcements proposed in 2020 as part of the EU coronavirus response in its proposal for the 2021-2027 Multiannual Financial Framework Regulation; calls on the Commission to closely monitor the implementation by Member States in the case of under-implementation and low absorption rates; welcoming the Commission´s effort to introduce the n+2 rule for all expenditure areas, stressing the need for other perspective instruments to replace the n+3 rule;
Amendment 70 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Recalls the increasing gap between commitments and payments and the increase in the size of the Union budget (the Court’s rapid case review, ‘Outstanding commitments - a closer look’) which poses a serious challenge for the discharge authority too; notes that the long-term EU budget increased from 1.083 to 1.800 billion Euro for 2021-2027, including the EU Recovery plan Next GenerationEU; calls on the Commission to monitor the implementation of the national recovery and resilience plans at regular intervals to ensure that the state aid rules are fulfilled and report to the discharge authority; stresses that a failure of this request could lead to a refusal of the Discharge procedure in 2020;
Amendment 75 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Is concerned that the current staffing situation is insufficient to cope with the increasing EU budget; stresses that an increase of the administrative capacities in the Court and the relevant secretariats in the European Parliament is indispensable; stresses if these requirements are not met it can lead to a refusal of the 2020 discharge;
Amendment 76 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Points out that in recent years the level of payment appropriations in the annual budgets has been noticeably below the MFF ceiling, which might lead to higher payment needs in the future and risks putting the budget under pressure;
Amendment 77 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Draws attention to the fact that the main financial risks to which the EU budget was exposed to in 2019 were associated with financial operations in form of loans covered directly by the EU budget (53,7 %), and financial operations covered by an EU guarantee fund (46,3 %); observes that, when including also the possible future payments relating to the EFSI (European Fund for Strategic Investments) guarantee, the amount of the total risk borne by the EU budget reached up to EUR 90,5 billion by the end of 2019; calls on the Commission to present a complete picture of the exposure of the EU budget in the annual “Report on guarantees covered by the general budget”, including the risk generated by the EFSI guarantee as well as all future financial operations concerned;
Amendment 78 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Points out that the Union has increasingly made use of financial instruments and budgetary guarantees provided to the EIB Group; recalls that at present, EIB Group operations that are not financed by the Union budget, but which serve the same Union objectives do not fall under the Court’s audit mandate;
Amendment 79 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Notes that the Court wants to move towards the attestation approach; calls on the Court to continue with own sampling checks in order to monitor individual transactions;
Amendment 80 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 l (new)
Paragraph 5 l (new)
Amendment 83 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 o (new)
Paragraph 5 o (new)
Amendment 87 #
Amendment 88 #
2020/2140(DEC)
Motion for a resolution
Paragraph 5 p (new)
Paragraph 5 p (new)
5 p. Endorses the reservations issued by the directors general of DG BUDG, RTD, AGRI, REGIO,EMPL, MARE, CLIMA, HOME, JUST, NEAR and REFORM in their AAR; is of the opinion that those reservations demonstrate that the control procedures put in place in the Commission and the Member States can only give the necessary guarantees concerning the legality and regularity of the underlying transactions in the corresponding policy areas if all necessary correction procedures are implemented successfully;
Amendment 102 #
2020/2140(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deeply rRegrets that the Commission’s particular role, as reflected in its methodology, and weaknesses in ex- post checks, which are a critical part of the control system, affects the Commission’s estimates of errors;
Amendment 111 #
2020/2140(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Court did not estimate levels of error for areas of expenditure under MFF headings 3 ‘Security and citizenship’ and 4 ‘Global Europe’; points out that the provision of error rates would allow comparability between financial years; calls on the Court to provide data on an error rate for payments for each expenditure area in its next annual report;
Amendment 115 #
2020/2140(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Acknowledges that the financial management of the EU budget has improved over time and that the error levels have decreased to ranges getting closer to the 2% materiality threshold in recent years, except in some specific policy areas, such as for example competitiveness, which is mostly under direct management by the Commission, where the estimated error rate has doubled from to 2% in 2018 to 4% in 2019;
Amendment 122 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. RegretNotes the adoption of three amending budgets in 2019, adding EUR 0,4 billion to commitment appropriations and EUR 0,3 billion to payment appropriations;
Amendment 127 #
2020/2140(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that outstanding commitments have continued to grow, reaching EUR 298,0 billion at the end of 2019 (compared to EUR 281,2 billion in 2018); notes that the level of payment appropriations in the annual budgets has been noticeably lower than the MFF ceiling in recent years, which might lead to higher payment needs in the future; calls on the Commission to reduce current and prevent further outstanding commitments, to further improve its financial forecasts and, where necessary, to assist countries to find eligible projects, especially those with clear European added-value;
Amendment 131 #
2020/2140(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points outNotes with concern that according to the Court, the overall absorption rate of ESIF (European Structural Investment Funds) was lower than in the corresponding year of the previous MFF, as by the end of 2019, out of the total ESIF allocations for the current MFF (EUR 465 billion), only 40 % had been paid out to Member States (compared with 46 % by the end of 2012); notes that only nine Member States had higher absorption rates under the current MFF than under the previous one, and that overall the speed of absorption in 2019 stayed almost exactly the same as in 2018;
Amendment 142 #
2020/2140(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that the Union has increasingly made use of financial instruments and budgetary guarantees provided to the EIB Group; recalls that at present, EIB Group operations that are not financed by the Union budget, but which serve the same Union objectives, do not come under the Court’s audit mandate; points out that this means that the Court is unable to provide a complete overview of the links between EIB Group operations and the Union budget; in particular, supports the Court’s request to audit the EIB’s non-Union budget related operations; welcomes the Commission efforts to renew the tripartite agreement between the Commission, the EIB and the Court; requests to agree on a Memorandum of Understanding between the EIB and the Parliament to improve Parliament's access to EIB documents and data related to strategic orientation and financing policies in order to strengthen the Bank’s accountability;
Amendment 144 #
2020/2140(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the current agreement between the Commission, the EIB and the Court concerning audits of operations which are financed or backed by the Union budget expires in 2020; views this an opportunity to ensure that the Court is enabled to audit the regularity and also the performance of the EIB activities, which do not fall under a specific Union mandate; Recalls that Art. 287 (3) TFEU defines the Court’s audit powers in relation to the EIB; recalls that the Court is competent to audit the EIB's activity in managing Union expenditure and revenue; recalls that the Audit Committee is competent to audit the EIB’s share capital according to Art. 12 of Protocol 5 (Statute of the EIB); recalls that Art 308 (3) TFEU allows the Council to amend the Protocol on the Statute of the EIB by simple decision without a full Treaty revision; emphasises the increased importance under the new MFF of EU guarantees and other financial instruments managed by the EIB; calls therefore on the Council to amend Art. 12 of Protocol 5 to give the ECA a role in auditing the EIB’s share capital; notes that the current tripartite agreement between the Commission, the EIB and the Court concerning audits of operations which are financed or backed by the Union budget expires in 2020; calls on the Commission, the Court and the EIB to enhance the role of the Court and further strengthen its auditing powers regarding activities of the EIB in the renewal of the tripartite agreement governing the rules of engagement;
Amendment 156 #
2020/2140(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the Court’s first separate and full report on the performance of the Union budget – Status at the end of 2019 and encourages the Court to continue to produce and develop this report further in the coming years; reiterates its opinion that a stronger focus on performance is needed without reducing current levels of scrutiny on compliance and conformity; emphasises that performance findings should not lead to generalisations but rather country-specific recommendations;
Amendment 157 #
2020/2140(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the Court’s first separate and full report on the performance of the Union budget – Status at the end of 2019 and encourages the Court to continue to produce and develop this report further in the coming years; stresses that the aim of performance information is to provide an indication as to whether Union policies and programmes, are achieving their objectives efficiently and effectively; suggests that, if improvements are needed, performance information should be used to inform the process of designing necessary corrective measures, and their implementation be continuously monitored; stresses the Commission to reflect on the impact and the achievements of the Union spending programmes and putting more emphasis on results and added value of Union funding by going beyond mere outputs;
Amendment 158 #
2020/2140(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Welcomes that the Court assessed the results of EU programmes; notes that appropriate risk analyzes and recommendations for action to EU policymakers are an important basis for political decision-making; however, is concerned that the large number of output indicators is increasingly expressing preference for certain partisan positions; calls on the Court to focus the performance assessments on achieving European added value and an efficient use of EU tax money;
Amendment 159 #
2020/2140(DEC)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Is concerned that the Commission uses too many input and output indicators in its performance analysis that are expressing preference for certain partisan positions; asks the Commission to streamline performance reporting by reducing the number of relevant objectives and meaningful indicators it uses for its various performance reports, and focus on those fewer and more appropriate common set of outcome and impact indicators which best measure the results achieved in terms of efficiency, economy and effectiveness of the Union spending;
Amendment 160 #
2020/2140(DEC)
27 a. Underlines that the performance of EU funds and policies is very difficult to measure and requires different definitions and targeted indicators for the various spending areas and funds; agrees with the findings of the Court that overall indicators need to be further improved and a better balance found between input and output, and result and impact indicators;
Amendment 168 #
2020/2140(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Welcomes that the Commission documents the indicator data as well as indicator baselines, milestones and targets that measure progress on programmes ‘general and specific objectives in the Annual Programme Statements; calls on the Commission to ensure that these indicator baselines, milestones and targets that could not have been accomplished without EU-funding and represent EU added value concentrate on achieving this;
Amendment 175 #
2020/2140(DEC)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Cohesion: Regrets that although the Commission and Member States had already revised the initial 2014-2020 targets, just over a third of indicators for the European Regional Development Fund and Cohesion Fund show timely progress. Before the outbreak of the COVID-19 crisis, most employment and education targets were likely to be met by 2020,but progress on R&D, poverty and social inclusion lagged behind; regrets that in this policy area, the Commission’s own performance data indicates that the programmes fall short of initial expectations;
Amendment 177 #
2020/2140(DEC)
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Security and citizenship: Notes that the Commission’s reporting does not indicate whether the Asylum, Migration and Integration Fund is progressing well towards its objective, but the information available points to its relevance and EU added value; notes that for integration and legal migration, indicators show its achievements in a positive light, also because long-term impacts (such as differences between migrants’ and EU nationals’ job prospects) cannot yet be assessed;
Amendment 179 #
2020/2140(DEC)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Notes that Commission reported in its 2019 Annual Management and Performance Report (AMPR) a risk at payment of 2,1%, which is within the range of the ECA’s estimated level of error; notes that for the three most significant spending areas (MFF Heading 1a:competiveness; MFF Heading 1b: economy, social and territorial cohesion and MFF Heading 2: natural resources), the Commission’s own estimates of the level of error are within the ECA’s ranges;
Amendment 206 #
2020/2140(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes, with concern that in its examination of internal control systems both within the Commission and in the Member states, the Court found shortcomings in individual categories of own resources; notes that, according to the Commission’s assessment, 24 of the 28 Member States had partially satisfactory or unsatisfactory control strategies for targeting the undervaluation risks;
Amendment 216 #
2020/2140(DEC)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Notes that according the Annual Activity Report (AAR) 2019 by DG BUDG, UK has as of 12 October 2017 started implementing the measures recommended by the Commission, which led to a dramatic reduction of TOR losses in 2018 (error rate below 1%);
Amendment 217 #
2020/2140(DEC)
Motion for a resolution
Paragraph 52 b (new)
Paragraph 52 b (new)
52 b. Deplores that UK still refuses to make available to the EU budget the TOR amounts lost during the period 2011 - 2017 amounting to EUR 2.679bn (gross); notes that the UK authorities provided the Commission with a formal reply received on 11February 2019; notes that after analysing the UK’s reply, the Commission referred the case to the CJEU on 7 March 2019; notes that the UK lodged its defence on 24 June 2019, followed by the Commission’s reply on 29 August 2019and a rejoinder by the UK of 20 December 2019; asks the Commission to timely inform the discharge authority of any new developments regarding this case;
Amendment 218 #
2020/2140(DEC)
Motion for a resolution
Paragraph 52 c (new)
Paragraph 52 c (new)
52 c. Is deeply concerned by the non- quantifiable reservation maintained for 2019 by DG BUDG, stating that the undervaluation fraud partly moved to other Member States, affecting the collection of TOR to an extent pending final quantification; notes that the Commission has carried out inspections on undervaluation in all Member States and checked how Member States are organised to address issues of undervaluation, particularly concerning textiles and shoes from China; notes that the Member Sates’ financial responsibility for losses of TOR has been explicitly addressed during these inspections and the corresponding reports; notes that the Commission will follow up and hold Member States financially responsible for TOR any potential losses incurred; is concerned that provisional calculations indicate that the TOR losses in 2019 would reach 1% of the 2019 TOR justifying a reservation in the AAR 2019; asks the Commission to promptly inform the discharge authority about the findings and consequences of its inspections and quantification calculations once finalised;
Amendment 222 #
2020/2140(DEC)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Points out that the performance of research and innovation policy is difficult to assess as there is a considerable time- lag between funding of projects and results and impacts to materialise; notes furthermore that reporting in this field is mainly focused on positive achievements instead of critical assessment of results and impact, which may not provide for a realistic picture of the performance as a whole; notes that research as a discipline involves risks as regard the results and a successful outcome cannot always be guaranteed;
Amendment 223 #
2020/2140(DEC)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Is concerned that a high percentage (in some Member States up to 25 %) of funds from the operational programs destined for the support of SMEs in entrepreneurship and innovations are being paid to large companies instead. Asks the Commission to develop stronger control mechanisms regarding the declarations of applicants for EU funding, as the Supreme Audit Office found that in the period 2014 – 2020, the authorities relied solely on statutory self-declarations about ownership, size and indebtedness of the companies;
Amendment 227 #
2020/2140(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Is deeply concerned that based on the 28 errors the Court has quantified, the estimated level of error is 4,0 %; recalls that this figure is close to the rates the Court found in 2015, 2016 and 2017; notes that it´s a considerable increase compared to 2018 where the estimated level of error was 2,0%.;
Amendment 230 #
2020/2140(DEC)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Regrets that complex application rules and lengthy procedures are major hurdles in particular for SMEs, start-ups and first-time applicant that lack significant resources and experience with these application procedures;
Amendment 237 #
2020/2140(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Underlines that SMEs are more error-prone than other beneficiaries since more than half the quantifiable errors found (17 out of 28) involved funding for private beneficiaries, even though the transactions in question accounted for just 42 (32 %) of the 130 transactions in the sample (SMEs made up 12 % of the sample but accounted for 21 % of the quantifiable errors); underlines that this reflects their lack of resources and familiarity with the complex eligibility rules;
Amendment 238 #
2020/2140(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Notes with concern that the Court found weaknesses in the Commission’s documentation of the audit work done, sampling consistency and reporting, as well as in the quality of the audit procedures in some of the files reviewed; points out that the Court found, inter alia, ineligible amounts that the auditors had not detected because of insufficient testing in their audit (mainly in respect of personnel costs), erroneous interpretation of the double-ceiling rule, and errors in the underlying calculation of personnel costs that had not been detected; in tat connection supports the recommendations from the Court to improve the situation;
Amendment 245 #
2020/2140(DEC)
Motion for a resolution
Paragraph 68 – indent -1 (new)
Paragraph 68 – indent -1 (new)
-1 calls on the Commission to further simplify rules and procedures, provide practical and pragmatic guidance and improve its assistance for SMEs, start-ups and other first-time applicants to level the playing field among applicants with varying level of experience and resources;
Amendment 252 #
2020/2140(DEC)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Urges the Commission to cooperate with Member States in order to adjust the conditions set by the national authorities for receiving subsidies for larger projects, as currently most of CAP funding benefits large companies; calls on the Commission to issue recommendations and align these conditions so that they are better harmonized across the EU, while respecting national specificities;
Amendment 273 #
2020/2140(DEC)
Motion for a resolution
Subheading 15 a (new)
Subheading 15 a (new)
Monitoring and control systems: storing and recording of data and digitalisation of reporting
Amendment 274 #
2020/2140(DEC)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Recalls the interinstitutional agreement between the European Parliament and the Council; to enhance the protection of the Union budget and Next Generation EU against irregularities including fraud; calls for the introduction of standardised measures to collect, compare and aggregate information and figures on the final beneficiaries of Union funding, for the purposes of control and audit;
Amendment 275 #
2020/2140(DEC)
Motion for a resolution
Paragraph 83 b (new)
Paragraph 83 b (new)
83 b. Notes, that the collection of data on those ultimately benefitting, directly or indirectly, from Union funding under shared management and for projects and reforms supported by the Recovery and Resiliency Facility, including data on beneficial owners of the recipients of the funding, is necessary to ensure effective controls and audits. The rules related to the collection and processing of such data should comply with applicable data protection rules.
Amendment 279 #
2020/2140(DEC)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Notes that the risk at closure was estimated at 1,1 % (1,3 % in 2018), and the risk at payment increased from 1,7 % in 2018 to a range between 2,2 - 3,1 % in 2019 for this expenditure area according to the Commission;
Amendment 280 #
2020/2140(DEC)
Motion for a resolution
Paragraph 85 b (new)
Paragraph 85 b (new)
85 b. Notes that for ERDF the risk at payment increased from 2 % in 2018 to a range between 2,7 - 3,8 % in 2019, and for ESF, the risk at payment was estimated in the range of 1,7 - 2,4 %; points out that the Commission found that ineligible expenditure, public procurement irregularities and audit trail issues are the main sources of audit findings and irregularities identified in this policy field;
Amendment 288 #
2020/2140(DEC)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Is very concerned about the weaknesses found in the work of several audit authorities covered by the Court’s sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014-2020 period, the Commission adjusted the residual error rates for eight assurance packages to a figure above 2 %); regrets that the Court cannot include an analysis for the reasons for these persisting weaknesses in its work; regrets that neither the Commission could contribute meaningful insights on the reasons and any country-specific differences between Member States’ authorities; regrets that this lack of information on the underlying reasons for these persisting, systemic weaknesses in certain national audit authorities hinders efficiently and effectively addressing and solving these problems;
Amendment 292 #
2020/2140(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Notes, while assessing the work of 18 out of 116 audit authorities in 2019, that for 120 of the sampled transactions (55 %), the Court was able to conclude on the basis of its review of audit authorities’ work; is deeply concerned that the Court identified shortcomings with the scope, quality and/or documentation of that work in 100 transactions (45 %), which required the Court to re-perform the corresponding audit procedures;
Amendment 297 #
2020/2140(DEC)
Motion for a resolution
Subheading 16 a (new)
Subheading 16 a (new)
ECA Review 04/2020 EU action to tackle the issue of plastic waste
Amendment 298 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Notes that while not an audit report, this review examined the EU’s approach to the issue of land-based plastic waste as set out in the 2018 Plastics Strategy;
Amendment 299 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 b (new)
Paragraph 93 b (new)
93 b. Takes note of the Court’s observations, in particular: - that Member State waste management infrastructure development is supported funded through cohesion policy instruments;expenditure of EUR 1 bn for the current programming period 2014- 2020 is low compared to the EUR 4.4 bn that were budgeted but it is not known how much of this will be budgeted or used to improve plastics recycling capacity; - that Extended Producer Responsibility (EPR) schemes for packaging, which seek to make producers financially and organisationally responsible for the management of their products once they become waste, are widespread in all Member States with varying coverage but wide disparities in levels of efficiency exist;generally, EPR schemes promote lighter packaging but not recyclability, reflecting that most EPR schemes require producers to pay fees according to the weight of the plastic packaging they place on the market;this is compounded by the fact that Essential Requirements for packaging have been found to be unenforceable in practice by a study for the Commission; - that the implementation of legal requirements is considered satisfactory, but wide discrepancies and margin of error exist in Member State’s data reporting;inaccurate estimates may be due to insufficient incentives for correct reporting, exclusion of small producers from data reporting, existence of free- riders, incomplete coverage of online sales and cross-border purchases, exclusion from the calculation of reusable packaging put on the market for the first time;a 2018 study on waste statistics commissioned by the Commission shows that a significant margin of error is due to leeway in the interpretation of legally binding obligations, insufficient verification of data, wide variation in calculation methods and verification procedures and lack of incentives for accurate reporting; - that the illegal disposal of plastic waste is a serious and complex crime;illegal waste disposal is linked to organized crime and money laundering and is one of the most lucrative illegal markets in the world, on a par with human trafficking and illegal drugs and firearms trade, due to the low risk of prosecution and low fines; - that the update of the Basel convention, which came into effect on 1 January 2021,will reduce the export from the EU to non-OECD countries of plastic packaging waste for recycling, these exports represent almost 30% of reported plastic packaging recycling in the EU, the result will be increased demand for, and pressure on, domestic recycling capacity and a risk of increased illegal waste disposal, this at the same time the EU target for recycling plastic waste is increasing;
Amendment 300 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 c (new)
Paragraph 93 c (new)
93 c. Is concerned by the Court’s observations that the EU’s legal framework to tackle waste crime is marked by shortcomings consisting of lack of data on contaminated sites as well as on sanctions and prosecution rates, difficulties in determining which behaviour constitutes environmental crime due to legal uncertainties such as the definition of waste versus end-of- waste, failure of EU legal acts to address the growing involvement of organised criminal groups in environmental crime, which is then associated with other crimes such as money laundering, absence of harmonised EU rules on the mix of sanctions (administrative/criminal/ civil), lack of specialised police forces, prosecutors’ offices and judges to deal with environmental crime;
Amendment 301 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 d (new)
Paragraph 93 d (new)
93 d. Notes that chemical recycling can encompass many different technologies, which are not yet a technologically or economically feasible waste treatment option while landfilling is set to be dramatically reduced; is of the opinion that recycling capacities need to be drastically increased to improve the technological and economic feasibility of recycling; is convinced that increasing the capacity of legal disposal of plastics waste for producers of plastic packaging to meet their obligation under the EPR schemes will have a positive impact on the problem of illegal waste trafficking and other waste crimes;
Amendment 302 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 e (new)
Paragraph 93 e (new)
93 e. Welcomes the own resource based on non-recycled plastic packaging waste as a good instrument to incentivise Member States to improve recycling; highlights in this regard the need for proper reporting;
Amendment 303 #
2020/2140(DEC)
Motion for a resolution
Subheading 16 a (new)
Subheading 16 a (new)
Serious irregularities and misuse of funds in member states
Amendment 306 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 c (new)
Paragraph 93 c (new)
93 c. Notes that in 2019, DG EMPL issued 16 warning letters, when significant deficiencies in the management and control system have been identified. 12 decisions to interrupt payment deadlines have been taken (4 for Italy, 3 for Hungary, 2 for the UK and France and 1 for Spain) and one decision has been taken to suspend payments (UK- Scotland);
Amendment 307 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 d (new)
Paragraph 93 d (new)
93 d. Notes that significant reservations were issued for Italy (15 reservations, amounting to EUR 50.26 million) and France (9 reservations, amounting to EUR 47.95 million). In case of Italy this was mainly due to the to a systemic deficiency in public procurements resulting from the wrong transposition of the public procurement directive by the national legislation, while in France the regional control bodies did not have enough time to finalise their audits of operations within the deadline in the case of 5 programmes;
Amendment 308 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 e (new)
Paragraph 93 e (new)
93 e. Notes that the total amount of financial corrections performed for the accounting year2018- 2019 by the Member States was EUR 3.41 billion, of which 912 million fell on Hungary, 578 million on Spain, 368 million on Slovakia and 236 million on Poland. As regards financial corrections reported cumulatively since the beginning of the period 2014-2020 by the Member States the total amount was 6.10 billion, of which 2.15 billion fell on Hungary, 668 million on Spain, 647 million on Poland and 459 million on Slovakia;
Amendment 309 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 f (new)
Paragraph 93 f (new)
93 f. Is worried about the durability of ERDF co-financed investments in infrastructure; regrets that projects have been repurposed after a few years; considers the concept of durability as an important safeguard for the effective and efficient use of Union resources under cohesion policy; calls on the Commission to ensure that the sustainability of investments is guaranteed for a longer period;
Amendment 310 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 g (new)
Paragraph 93 g (new)
93 g. Notes with concern that the Directorate-General for Regional and Urban Policy (DG REGIO), in its 2019 Annual Activity Report, had to issue two reservations concerning 67 programmes ERDF/CF in the 2014-2020 programming period, and 9 ERDF/CF and one IPA- CBC programmes in the 2007-2013 programming period; points out that serious deficiencies in the management and control systems leading to a risk to expenditure estimated above 10 % for the Multiannual Framework 2014-2020; welcomes that the updated Financial regulation has further clarified the concept of conflict of interests under shared management;
Amendment 311 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 h (new)
Paragraph 93 h (new)
93 h. Is concerned that the Directorate- General for Employment (DG EMPL), in its 2019 Annual Activity Report, had to issue a reservation concerning the ESF / Youth Employment Initiative (YEI) and Fund for European Aid to the Most Deprived(FEAD) (30 programmes in ESF / YEI and FEAD) 2014-2020 period; notes since the two DGs stated in their Annual Activity Reports that no reservations are made where the confirmed residual error rate for the previous accounting year was above 2 % because additional financial corrections would be applied in the future, the Commission’s reservations are mostly based on provisional rates and might not necessarily cover all material risks;
Amendment 316 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent -1 (new)
Paragraph 94 – indent -1 (new)
-1 conduct a thorough analysis of the underlying reasons and potential structural problems causing the persisting systemic weaknesses detected by the Court in its audits every year and pay special attention to any potential country-specific differences; asks the Commission to also include observations on best practice in national authorities with low levels of errors and whose work is deemed reliable by the Court; asks the Commission to conduct this analysis in close cooperation with the Court and actively involve national authorities both regarding the problem description and potential solutions;
Amendment 317 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent -1 a (new)
Paragraph 94 – indent -1 a (new)
-1 a -share the results of this analysis with the Court, the discharge authority and Member States;
Amendment 318 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent -1 b (new)
Paragraph 94 – indent -1 b (new)
-1 b based on this analysis, address clear, practical and readily implementable horizontal as well as country-specific recommendations to the national authorities; asks the Commission to establish a structured dialogue with the national authorities and the Court to continuously work on capacity building and exchange of best practice to improve the reliability of national audit authorities’ work; keep the discharge authority informed about the progress of this dialogue;
Amendment 322 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 a (new)
Paragraph 94 – indent 2 a (new)
- calls on the Commission and the Member States to put in use a single integrated, interoperable information and monitoring system including a single data-mining and risk-scoring tool to access and analyse the relevant data and increase control reliability, with a view to a generalised application, including with the help of the Technical Support Instrument.
Amendment 335 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 a (new)
Paragraph 94 – indent 2 a (new)
- draw on the Court’s observations on plastic waste for the review of Directive 2008/99/EC particularly with regards to minimum standards and clear definitions of different waste crimes;
Amendment 336 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 b (new)
Paragraph 94 – indent 2 b (new)
- address the problem of the lack of capacity for recycling and incineration as a means to reduce waste crimes, such as waste trafficking by increasing capacity for legal disposal of plastic waste and its economic attractiveness for producers of plastics waste;
Amendment 337 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 c (new)
Paragraph 94 – indent 2 c (new)
- improve the definition of recycling and the requirements for reporting on recycling, particularly for the own resource based on non-recycled plastic packaging waste; asks the Commission to assess the possibility for digitalising the reporting and monitoring of waste flows between operators to increase the ability to detect irregularities and indications for waste trafficking;
Amendment 338 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 d (new)
Paragraph 94 – indent 2 d (new)
- analyse in close cooperation with the responsible national authorities the reasons behind the low absorption of funds available for waste management infrastructure and inform the discharge authority about the findings; inform the discharge authority about how the Commission is assisting Member States in increasing the absorption rate and explore further avenues of assistance;
Amendment 339 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 e (new)
Paragraph 94 – indent 2 e (new)
- inform the discharge authority of any reallocation of cohesion funding from funds intended to support recycling and waste management to other areas as a result of the COVID-19 pandemic;
Amendment 340 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 f (new)
Paragraph 94 – indent 2 f (new)
- prioritise as a matter of urgency the review of Essential Requirements for packaging in order to accelerate the adaptation of plastic packaging design and manufacturing in favour of recyclability and sustainability in time to support the achievement of the 2025 plastic packaging recycling target;
Amendment 348 #
2020/2140(DEC)
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95 a. Notes with concern that years after the launch of the2014-2020 programming period just above one third of the 72 programme indicators for ERDF and CF were on track, even though a number of the targets had been revised downwards; recalls the recommendation to further improve the Key Performance Indicators; notes, however, that limitations in data prevent the auditors from making a comprehensive assessment of performance in this policy field, as it is difficult to assess whether the funds have met, or are likely to meet, the general and specific objectives set, even though the progress of the individual indicators can be assessed against the milestones and targets set; calls on the Commission to develop a consistent assessment framework that is able to assess whether the milestones and targets of ERDF and CF have been met;
Amendment 357 #
2020/2140(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Underlines that in cohesion policy, characterised by large-scale infrastructure projects, there can be a time lag between the start of the programme, its implementation and the realisation of outputs and results; finds it worrisome that progress is also likely to be affected by the relatively low levels of implementation in respect of cohesion policy, compared to the rest of Union budget; notes that these factors, together with the fact that the latest data available (in an implementation period lasting until the end of 2023) relates to the end of 2018, making it harder at this stage to conclude on the achievement of the objectives; calls on the Commission to reduce the time lag between the start of the programme, its implementation and the realisation of outputs and results; notes that the supervision of network completion needs to be strengthened; urges the Commission to implement a department for providing Member States with expert support in steering such large projects;
Amendment 359 #
2020/2140(DEC)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Is very concerned by media reports about European co-financed construction, renovation or modification of buildings for the purpose of vocational training, where these buildings were repurposed after the minimum required period of three years; regrets allegations of fraud and personal enrichment from this repurposing; regrets that the Commission has not been able to provide additional information to dispel all remaining doubts; welcomes the intention of the Commission to properly follow-up on these allegations;
Amendment 360 #
2020/2140(DEC)
Motion for a resolution
Paragraph 99 b (new)
Paragraph 99 b (new)
99 b. Considers the legal minimum durability requirement of three to five years too short given the significant amount invested and the longevity of such projects; regrets that the co-legislators did not decide to introduce longer durability requirements during the revision of the [Common Provisions Regulation]; notes that significant differences exist across Member States in the national rules on durability of infrastructure investments and premature repurposing;
Amendment 361 #
2020/2140(DEC)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Is concerned about the lack of control and follow-up of the funding for entrepreneurs; calls on the Commission to develop a detailed strategy for the control of funding; and invites the Commission to assess the results of the projects funded by this financial mechanism; encourages the Commission to publish the results of its evaluation;
Amendment 377 #
2020/2140(DEC)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Finds itself in agreement with the Court’s opinion that there are strong indications that the Union will not meet the 2030 climate and energy targets; notes that according to the Commission, there was only limited progress in the reduction of the negative environmental impacts stemming from the use of natural resources; highlights its agreement with the Court that half of the Union Member States were at risk of not generating enough electricity from renewable energy to meet their 2020 targets; notes that in the Court’s landscape review of Union action on energy and climate change, the Court reported that the reduction in greenhouse gas emissions projected by Member States falls short of the 40 % target for 2030; calls on the Commission to reevaluate the results due to the impact of covid-19 pandemic and the Green Deal package;
Amendment 394 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116 a. Takes note of the Commission’s conclusion that with regard to the performance of the EU budget, most programmes are progressing towards the targets set at the beginning of the programming period, and despite the delays in the starting up the 2014-2020 cohesion programmes, progress is now accelerating; notes however that the Commission is able to define definite conclusions on performance only on the basis of detailed evaluations after closure of the current programmes;
Amendment 405 #
Amendment 406 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116 a. Calls on the Commission to: - follow up on allegation of alleged fraud regarding the repurposing of vocational training centres;analyse whether similar problems exist in other Member States regarding the repurposing of EU-co- financed infrastructure projects; - promptly inform the discharge authority about its findings and potential further action following this analysis; - conduct a thorough analysis on the different national rules on durability of infrastructure investments and premature repurposing and share this analysis with the discharge authority; - encourage Member States to create national legislation on adequate durability periods beyond the minimum requirements as already existing in a lot of Member States;
Amendment 413 #
2020/2140(DEC)
Motion for a resolution
Paragraph 119
Paragraph 119
119. Finds it worryingNotes that of the 251 transactions examined7 , 44 (18 %) contained errors while 207 (82 %) were error-free; is concernednotes that based on the 36 errors ECA has quantified and other evidence produced by the control system ECA finds the level of error for ‘Natural resources’ to be close to the materiality threshold; _________________ 7The sample consisted of 136 payments under rural development programmes, 95 direct payments, 14 market measures and 6 payments for fisheries, the environment and climate action.
Amendment 419 #
2020/2140(DEC)
Motion for a resolution
Paragraph 123
Paragraph 123
123. Notes that of 68 rural development payments based on the area or animal numbers declared by farmers, and on requirements to comply with environmental and climate-related criteria, 8 transactions were affected by small errors below 5 % of the amount examined, 1 case of error between 5 % and 20 %, in 2 other cases the beneficiaries breached environmental and climate- related eligibility conditions, leading to errors exceeding 20 % of the amount examined in both cases;
Amendment 426 #
2020/2140(DEC)
126. Is concerned by the limitations in the reliability of the results of the certification bodies’ work, due to weaknesses the Court identified in some certification bodies’ checks and sampling methodologies; regrets that the Court cannot include an analysis for the reasons for these persisting weaknesses in its work; regrets that neither the Commission could contribute meaningful insights on the reasons and any country-specific differences between Member States’ certification bodies; regrets that this lack of information on the underlying reasons for these persisting, systemic weaknesses in certain certification bodies hinders efficiently and effectively addressing and solving these problems;
Amendment 427 #
2020/2140(DEC)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Is concerned by the limitations in the reliability of the results of the certification bodies’ work, due to weaknesses the Court identified in some certification bodies’ checks and sampling methodologies; welcomes that the Commission visited all certification bodies to review their work on legality and irregularity and to assist them to improve their work by the end of 2019; calls on the Commission to analyse the main sources of undetected errors and develop the necessary measures together with audit authorities to improve the reliability of reported residual rates;
Amendment 448 #
Amendment 449 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Notes, that as regards market measures, 6 Paying Agencies have been classified as providing "limited assurance with high risk": Bulgaria, Spain, UK, Greece, Italy (for 2 aid schemes) and Portugal. The highest adjusted error rate was found in Bulgaria (11.52%), followed by Poland (7.15%) and Italy (6.12%). DG AGRI has issued 7 reservations at measure level: Fruit and Vegetables: Operational programmes for producer organisations (the United Kingdom, Italy and Portugal), Olive oil (Greece), Wine sector (Bulgaria, Italy), EU School Scheme (Spain). Is especially concerned about the wine sector, where the adjusted error rates in Bulgaria (15.7%) and Italy (9.6%) are very high, with amounts at risk of more than EUR 30 million in Italy and EUR 2.3 million in Bulgaria.
Amendment 450 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 b (new)
Paragraph 127 b (new)
127 b. Notes, that as regards direct payments, 18 Paying Agencies had an error rate between 2% and 5%, and one above 5 % (5.2 in Austria). DG AGRI has issued 17 reservations at Paying Agency level for Austria, Cyprus, Denmark, Spain (3 Paying Agencies), Greece, Italy (7 Paying Agencies), Portugal, Romania and Sweden;
Amendment 451 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 c (new)
Paragraph 127 c (new)
127 c. The reservations can be grouped in the following categories: due to weaknesses in relation to payment entitlements (AT, DK, IT, PT, SE), due to weakness in animal-based voluntary support measures (AT, GR, RO), due to high reported error-rate (CY), based on the Certification Body assessment (ES06) , due to weaknesses in the quality of on- the-spot checks (ES09, ES15, GR, PT, SE), weaknesses in the Land Parcel Identification System (LPIS) (IT) and due to weaknesses in the definition of land type (RO, SE);
Amendment 452 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 d (new)
Paragraph 127 d (new)
127 d. The reductions made in 2019 concerned 17 Member States and a total amount of EUR 67 764 269.48 of which 36 million fell on Italy, 15 million on the UK and 8 million on Spain;
Amendment 453 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 e (new)
Paragraph 127 e (new)
127 e. Notes, that as regards rural development, 30 out of 71 Paying Agencies have an adjusted error rate above 2% (of which 8 were above 5%: Cyprus, Germany (one Paying Agency), Estonia, Spain (one Paying Agency), France (one Paying Agency), United Kingdom (one Paying Agency), Portugal, Slovakia. DG AGRI has issued 21 reservations at Paying Agency level: Austria, Cyprus, Germany (one Paying Agency), Denmark, Estonia, Spain (two Paying Agencies), Finland, France (two Paying Agencies), United Kingdom (one Paying Agency), Croatia, Hungary, Ireland, Italy (two Paying Agencies), Lithuania, Portugal, Romania, Sweden and Slovakia. The highest adjusted error rates were found in Slovakia (10.31%), followed by 7.63% in Cyprus and 5.94% in Poland;
Amendment 454 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 f (new)
Paragraph 127 f (new)
127 f. The reservations can be grouped in the following categories: due to deficiencies in organic farming measure (AT,HU); under afforestation (ES02, PT); and for Leader and private investment non- Integrated Administrative and Control System (non-IACS) measure (DE19), due to deficiencies in checks for the on the spot controls (CY, DK, FR18, FR19,IT10, SK); cost reasonableness (ES09, FR19); in cross-checks (ES09, SK); ineligibility (ES09, CY, RO, SK) and active farmer (GB07), due to weaknesses in supervision procedures for some measures (IT10); and in recording of the maximum eligible area (MEA) in the Land Parcel Identification System (LPIS) for Integrated Administrative and Control System (IACS) measures (IT10, IT26), due to deficiencies in investment measure (HR); private investments (LT); forestry, agri-environmental commitments, setting up of producer groups and risk management measures (HU); due to deficiencies in public procurement procedures (HU, RO, SK), due to high reported error rates (CY, DK, EE, ES02, ES09, FR18, FR19 HR, IE, LT, PT) , based on the Certification Body assessment (FI, GB07, HR, IT26, SE);
Amendment 457 #
Amendment 458 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Calls on the Commission to-: - conduct a thorough analysis of the underlying reasons and potential structural problems causing the persisting systemic weaknesses in the reliability and quality of the work by the certifying bodies detected by the Court in its audits every year and pay special attention to any potential country-specific differences;asks the Commission to also include observations on best practice in national authorities with low levels of errors and whose work is deemed reliable by the Court;asks the Commission to conduct this analysis in close cooperation with the Court and actively involve national authorities both regarding the problem description and potential solutions; - - share the results oft his analysis with the Court, the discharge authority and Member States; - - based on this analysis, address clear, practical and readily implementable horizontal as well as country-specific recommendations to the national authorities; asks the Commission to establish a structured dialogue with the national authorities and the Court to continuously work on capacity building and exchange of best practice to improve the reliability of national audit authorities’ work; keep the discharge authority informed about the progress of this dialogue;
Amendment 530 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
Amendment 531 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Is concerned about the multitude of media reports on labour rights abuses of cross-border and seasonal agricultural workers throughout the EU, in many Member States; supports the Commission in its efforts at refusing aid to farms that do not respect the labour rights of seasonal workers;
Amendment 532 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 b (new)
Paragraph 128 b (new)
128 b. Reiterates its call for the introduction of maximum amounts of payments that one natural person can receive from the first and second pillar of the CAP; is of the opinion that maximum amounts that are defined for natural persons are much harder to circumvent than caps for legal persons; reminds that beneficiaries can artificially split up their companies or create additional companies that all can receive the maximum amount of funding, thereby circumventing a cap defined per legal person; welcomes the intentions of the proposal to count all companies belonging to the same group as one beneficiary, but is of the opinion that this is insufficient: opaque and highly complex company structures often involving entities in several Member States and/or third countries make it very difficult to ensure that all companies belonging to the same group are identified as such and in fact treated as one beneficiary;
Amendment 533 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 c (new)
Paragraph 128 c (new)
128 c. Repeats its concern that CAP subsidies continue to incentivise land- grabbing by criminal and oligarchic structures; reiterates its urgent call on the Commission to establish a complaint mechanism for farmers and SMEs faced with land-grabbing, severe misconduct by national authorities, irregular or biased treatment in tenders or the distribution of subsidies, pressure or intimidation from criminal structures, organised crime or oligarchic structures, or another severe infringement oft heir fundamental rights to lodge a complaint directly with the Commission; welcomes that such a complaint mechanism has been proposed for the new CAP regulation;
Amendment 534 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 d (new)
Paragraph 128 d (new)
128 d. Notes that DG AGRI audits in 2017 and 2019 detected weaknesses in the functioning of the Land Parcel Identification System, the Geospacial Aid Application, the quality of the on-the- spot-checks, as well as excessive delays in the processing of payments, in particular for overlapping claims; welcomes that the Commission has interrupted payments, put the paying agency under probation; notes that the deficiencies in the management and control systems of the paying agency are being addressed in an action plan requested by DG AGRI and reinforced in 2019; notes that the amount at risk is EUR 3.271 mio. for direct payments and EUR 21.596 mio. for rural development and that the conformity clearance procedure is ongoing;
Amendment 535 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 e (new)
Paragraph 128 e (new)
128 e. Notes that OLAF closed three administrative investigations in 2020 on possible misuse of EU funds for agriculture in Slovakia concerning direct payment applications made between 2013 and 2019; regrets that a company was found to intentionally claim EU payments on ineligible land, which was mainly used for non-agricultural activity; finds it alarming that OLAF also identified that certain areas that had been claimed for years by some companies were in fact not covered by legally valid lease contracts;
Amendment 536 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 f (new)
Paragraph 128 f (new)
128 f. Notes further that OLAF’s investigations uncovered several weaknesses in the control and management system for direct payments in Slovakia; regrets that there are only very limited controls on whether the disposal of land by applicants is lawful and that verification checks are limited to overlapping claims; notes OLAF’s finding that the internal verification procedures adopted by the Slovak national authority in charge of the management of agricultural land under State ownership or land without a known private owner should be improved as regards its transparency and legal certainty; notes that as a result of the shortcomings in the verification processes, OLAF considers that overpayments could amount to more than one million euros;
Amendment 537 #
Amendment 538 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 g (new)
Paragraph 128 g (new)
128 g. Calls on the Commission to: - do its utmost in the negotiations on the CAP to ensure that a complaint mechanism for farmers and SMEs will become part of the new CAP regulation; - do its utmost in the negotiations on the CAP to ensure that maximum amounts of payments receivable from the first and second pillar of the CAP are defined per natural person; - keep the discharge authority informed on any new developments regarding the Slovak Agricultural Paying Agency, including specific information on financial corrections; - calls on the Commission to increase efforts to prevent and detect fraud and frequently update its analysis of CAP fraud risks more often and perform an analysis of Member States' prevention measures as a matter of priority;
Amendment 566 #
2020/2140(DEC)
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138 a. Urges the Commission to follow up on the Court's recommendations concerning audit coverage, sampling and audit trails in relation to Member States' audit authorities in order to address the identified shortcomings;
Amendment 567 #
2020/2140(DEC)
Motion for a resolution
Paragraph 138 c (new)
Paragraph 138 c (new)
138 c. Welcomes that the Court assessed the results of EU programmes; notes that appropriate risk analyzes and recommendations for action to EU policymakers are an important basis for political decision-making; however, is concerned that the large number of output indicators is increasingly expressing preference for certain partisan positions; calls on the Court to focus the performance assessments on achieving European added value and an efficient use of EU tax money;
Amendment 568 #
2020/2140(DEC)
Motion for a resolution
Paragraph 138 c (new)
Paragraph 138 c (new)
138 c. Is concerned that the Commission uses too many input and output indicators in its performance analysis that are expressing preference for certain partisan positions; asks the Commission to streamline performance reporting by reducing the number of relevant objectives and meaningful indicators it uses for its various performance reports, and focus on those fewer and more appropriate common set of outcome and impact indicators which best measure the results achieved in terms of efficiency, economy and effectiveness of the Union spending;
Amendment 619 #
2020/2140(DEC)
Motion for a resolution
Paragraph 148 a (new)
Paragraph 148 a (new)
148 a. Notes with astonishment the Commission’s reaction to allegations of fundamental rights concerns at Frontex; is concerned that the communication and cooperation between the Commission and Frontex seems stagnant; calls on the Commission to provide Frontex with clear legal guidance to ensure appropriate and lawful procedures for critical situations at external (sea) borders given the complex geopolitical challenges of these operations;
Amendment 626 #
2020/2140(DEC)
Motion for a resolution
Paragraph 150 – indent 2
Paragraph 150 – indent 2
- strengthen the performance- monitoring framework by a) ensuring that AMIF EMAS projects contain outinput and outcome indicators with clear targets and baselines where appropriate, and justifying when this is not the case; b) monitoring and reporting the outcomes achieved by EMAS-funded projects; c) for the new MFF 2021-2027, designing the AMIF CMEF indicators, including their baselines and targets before the 2021-2027 projects start;
Amendment 631 #
2020/2140(DEC)
Motion for a resolution
Paragraph 151 – introductory part
Paragraph 151 – introductory part
151. Welcomes the recommendations issued by the Internal Audit Service of the Commission for DG HOME for 2019 such as:
Amendment 636 #
2020/2140(DEC)
Motion for a resolution
Paragraph 152
Paragraph 152
152. Welcomes the ongoing implementation by the DG JUST of recommendations issued by the Internal Audit Service of the Commission for DG JUST relating to the impact assessment process and implementation of better regulation guidelines and toolbox;
Amendment 638 #
2020/2140(DEC)
Motion for a resolution
Paragraph 156 a (new)
Paragraph 156 a (new)
156 a. Is concerned about the hate speech and violence taught in Palestinian school textbooks and used in schools by UNRWA; reiterates its position that all schoolbooks and school materials supported by Union funds must be in line with UNESCO standards of peace, tolerance, coexistence, and non-violence; requests that all school material, which is not in compliance with these standards will be removed immediately and requests UNRWA to put in place a coherent control system to review and modify curriculums; underlines that one way of ensuring transparency and conformity of school materials is to publish in an open- source platform all its educational materials for teachers, pupils and students as well as its reviews of host country textbooks to allow review by third parties;
Amendment 650 #
2020/2140(DEC)
Motion for a resolution
Paragraph 157
Paragraph 157
Amendment 658 #
2020/2140(DEC)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Points out that after the judgement of the General Court of the Union in December 2015 on Western Sahara, Morocco suspended political dialogue covering all Union external policies such as development policy, trade, foreign and security policy from December 2015 until January 2019; notes the Commission’s comments to Special Report 09/2019 that as "policy dialogue was never suspended during the period of difficult political relations between the EU and Morocco, the Commission considers there were no grounds to develop an alternative strategy";
Amendment 659 #
2020/2140(DEC)
Motion for a resolution
Paragraph 161 a (new)
Paragraph 161 a (new)
161 a. Underlines that Morocco is a long- standing and strategic partner and neighbour of the EU with fruitful cooperation leading to positive results;
Amendment 660 #
2020/2140(DEC)
Motion for a resolution
Paragraph 162 – introductory part
Paragraph 162 – introductory part
162. StressNotes that the Court identified several problems hamperingchallenges to the effectiveness of Budget Support:
Amendment 662 #
2020/2140(DEC)
Motion for a resolution
Paragraph 163 – indent 2
Paragraph 163 – indent 2
- improve the design of target and performance indicators, specifically make a greater use of outcome-oriented indicators;results
Amendment 667 #
2020/2140(DEC)
Motion for a resolution
Paragraph 163 a (new)
Paragraph 163 a (new)
163 a. Takes note of the Commission’s replies to Special Report 09/2019, particularly that the Commission concludes that EU cooperation has contributed to the implementation of reforms in Morocco, which had a positive impact on the country’s socio-economic development;
Amendment 797 #
2020/2140(DEC)
Motion for a resolution
Paragraph 187
Paragraph 187
187. Is very critical in relation to the increase in contract staff as a result to special or urgent situations, such as the migration crisis;
Amendment 799 #
2020/2140(DEC)
Motion for a resolution
Paragraph 188
Paragraph 188
Amendment 808 #
2020/2140(DEC)
Motion for a resolution
Paragraph 190
Paragraph 190
190. Finds it highly problematicNotes that at the end of 2018, the institutions, bodies and executive agencies employed 11 962 contract staff, (representing an increase of 37 % since 2012); points out that most were employed by the European Commission, mainly in FG IV, the best paid function group, similarly, a majority of contract staff at the executive agencies were in FG III and FG IV (763 and 715 respectively);
Amendment 6 #
2020/2133(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the European Court of Auditors (ECA) identified serious weaknesses in this regard in its 2019 audit on the ethical frameworks of the EU institutions, which concludes that improvements need to be made through harmonisation, awareness raising and strengthening of EU ethics rules; sharn its special report 13/20191a on the ethical frameworks of the EU institutions stated that Parliament, Council and Commission “have, to large extent, adequate ethical frameworks in place for both staff and Members” and identified certain areas where the coverage, specificity, clarify and level of guidance could be improved and harmonised; notes the ECA’s concernobservations about the absence of a common EU ethical framework governing the work of Member States’ representatives in the Council; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 8 #
2020/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the high level of fragmentationfragmentation shows a lack of common understanding and different standards under comparable circumstances in the ethics legal framework ands of the lack of oversight have prevented the proper implementation of codes of conduct in EU indifferent EU institutions, bodies and organs; believes that a more harmonised approach in important areas such as whistle-blower protection is needed and to fill existing legislative gaps such as a non-existing Commissioner’s stiatutions; believes that the current self-regulatory approach is not fit for purpose and cannot guarantee integritye; acknowledges the differences in the nature of the various institutions, explicitly the legally guaranteed independence of Judges of the European Court of Justice, of the Members of ECA, of the Members of the European Parliament, national Parliament or national governments; underlines the need to enhance the integrity of the EU institutions and restore public trustto strengthen public trust and to overcome existing weaknesses;
Amendment 12 #
2020/2133(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the creation of an Independent Ethics Body (IEB) common to all EU institutions; welcomes the fact that the Commission has made it a priority, and is committed to supporting the IEB’s effort to establish a common ethical framework at EU level; initiatives to create a Commissioner’s statute and to ensure aligned rules across EU agencies and other EU organs; asks the President and the Bureau of the European Parliament to identify in cooperation with the other institutions common areas as well as particular circumstances requiring a differentiated approach with the goal to strengthen their integrity; welcomes the fact that the Commission has made it a priority, and is committed to supporting this idea together through a common ethical framework that is respectful of the particularities of each institution as well as the institutional balance and democratic role of each institution and its members as established by the Treaties; reminds that the principle of separation of power is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 15 #
2020/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Sees high potential for the EU institutions to transfer administrative decision-making competences to the IEB based on a new harmonised ethics framework that it will establish, which should include common rules on the publication of declarations of interests,Encourages a creation of clear rules on the avoidance of conflicts of interest and revs, coolving doors, acceptance of gifts and entertainment, protection of whistle- blowers and victims of harassment, transparency of lobby meetings, public procurement and meeting calendars of senior staff, and use of transparent bank accounts for public fund-off periods, undue interference on political decisions, rules of publication, direct and indirect gifts, protection of whistle-blowers and victims;
Amendment 19 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that empowering the IEB with the current internal ethics functions ofReminds that the Treaties of the European Union are the primary law and reside at the top of the hierarchy of norms; the Treaties establish the EU’s institutions will concentrate expertise, create synergies and hence improve the implementationand clearly define their competences and decision-making powers (Article 13 TEU); Parliament together with the Council are the co-legislators (Article 14(1) TEU); reminds that under the Treaties, the Court of Justice of the European Union is the supreme judicial body of ethics rules; is confidente EU(Article 19 TEU); there can be no higher judicial decision-making authority above it; under no circumstances can secondary law contradict or amend primary law; reminds that, this transfer of competence will represent considerable savings for the EU budgeterefore, the establishment of an independent ethics body with the power to make binding decisions on the EU’s institutions and organs counter to the separation of powers laid down in the Treaties, would imperatively require a change of the Treaties;
Amendment 22 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that the IEB should be in charge of prevention, monitoring, investigation and enforcement of the ethical framework for the protection of the EU’s financial interests; highlights that the IEB screation of a common ethics framework must respect the boundaries of competence of the EU’s institutions and the separation of power as defined in the Treaties; emphasises the need to respect and uphould be able to take disciplinary measures and impose financial sanctions in order to avoid abuse of the EU budget linked to unethical behaviourthe rule of law and to ensure that the common ethical framework is soundly based on the fundamental legal basis of the Treaties and the respect for rule of law in its implementation;
Amendment 27 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that tasks transferred to the IEB can go beyond those currently exercised by the institutions; calls for the IEB to assess the implementation of ethics rules byReminds that currently all institutions and EU bodies have their own set of ethics rules in place, where the final discretion on decisions and interpretation of the rules commonly rests with the respective presidents; emphasises the need of the support of each institution involved for the common framework to be effective; underlines that it would be desirable for the EU institutions and publish an annual to generally align their ethics rules where port on its findingsssible and identify areas for a harmonised approach;
Amendment 31 #
2020/2133(INI)
9. Calls for the IEBEU bodies to lead by example on transparency by publishing all relevant decisions and spending in a machine- readable open data format available to all citizens; strongly recommends thatin accordance with the applicable data-protection rules anyd software developed for upholding the ethical standards in EU public administration should be made available under a free and open-source software licence and should be shared with any institution in Europe wishing to use itpending in a machine-readable open data format available to all citizens;
Amendment 34 #
2020/2133(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the signing of an interinstitutional agreement (IIA) between EU institutions to set up the IEB; emphasises the importance of the Council, including the Member States’ representatives working in the Council, joining the IIA in view of the ECA’s and European Ombudsman’s repeated requests to enhance the institution’s working ethics and transparency; recalls the obligation of the Council to deal with high-level conflicts of interest, revolving doors and lobby transparency rules; Underlines that with the creation of a new advisory ethics body for the Parliament, duplication of work and overlapping competences should be avoided, its decisions should take the form of non-binding recommendations to the President, who must remain in charge of the final decision-making power; calls for clear provisions giving the Person concerned a right of appeal against any such decision taken by the President in fully respect of the basic principles of rule of law; underlines that respect for the peculiarity of parliamentary work requires that this body be composed of current and former Members of the Parliament being knowledgeable about Parliaments rules of procedures and in accordance with Parliament’s rules of procedure on geographical, political and gender balance, and potentially supplemented with former Members of the Court of Justice of the EU or national Courts of highest instance;
Amendment 38 #
2020/2133(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the importance of enhanced mutual cooperation between the IEB and EU bodies such as the European Anti- Fraud Office (OLAF), the European Public Prosecutor’s Office (EPPO), the European Ombudsman, the European Court of Auditors (ECA) and others within their respective mandates, and of such cooperation generating a steady information exchange.
Amendment 42 #
2020/2126(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Asks the Commission nevertheless to amend Article 167(1)(c) of the Financial Regulation to include a more explicit definition of ‘professional conflict ofing interests’, so as to ensure that EU institutions are able to take mitigating measures in the case of bidders with a financial interest in a policy-related service contract;
Amendment 67 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Regrets the skewed distribution particularly of CAP money where in 2020, 0.5% of all beneficiaries receive more than EUR 100 000, thereby obtaining 16.6% of the total direct payment envelope, while 75% of beneficiaries receive less than EUR 5 000, which accounts for 15% of the total direct payment envelope1a; _________________ 1a Commission Report on Direct payments to agricultural producers - graphs and figures - financial year 2020
Amendment 72 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Deeply regrets that the current situation where one person can receive unlimited amounts from funds under shared management incentivises the creation of oligarch structures, nepotism and corruption in some Member States; reiterates its opinion that capping the total amount that one person can receive from EU funds under shared management would limit the strengthening of oligarch structures;
Amendment 75 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to include in its proposal for the revision of the Financial Regulation an amendment of Art 63 paragraph 8 adding that the Commission shall ensure that payments accruing from the Union budget to a single beneficiary or beneficial owner in a given financial year do not exceed the limits provided for in the applicable sector-specific rules and, in any event, do not exceed an aggregated annual total per natural person; asks the Commission to include specific proposals for this aggregated annual total amount per natural person; is of the opinion that for the CAP annual total amounts per natural person of EUR 500 000 for first pillar payments and EUR 1 000 000 for second pillar payments are adequate;
Amendment 79 #
Amendment 80 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Notes with great concern that according to the Single Market Scoreboard the proportion of contracts awarded with merely a single bidder amounted to around 50% in Czechia and Poland in 2018 and 2019, 40% in Hungary and Greece in 2019, and 38% in Portugal; is equally concerned by the proportion of procurement procedures negotiated with a company without any call for bids, which was at 40% in Cyrus in 2016 with a slight improvement to 25% in 2018 and 2019, and 29% for Bulgaria in 2019; is concerned that the proportion of contracts awarded after a call for tender whose name and conditions were not clear was 65% in 2019 in UK, 59% in Lithuania, 44% in Romania and 41% in Portugal;
Amendment 83 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Emphasises that these figures demonstrate that severe shortcomings in public procurement continue to exist in several Member States; is concerned that inadequate tenders can favour opaque structures and nepotistic awarding of contracts;
Amendment 84 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Reiterates its concern that the Commission’s preventive system audits found serious weaknesses concerning the Hungarian authority responsible for controls on public procurement contracts, which resulted in a10% flat rate correction amounting to around EUR 1.2 bn - additionally to EUR 1.5bn of financial corrections imposed in the period 2007 - 2013; emphasises that this reflects severe systemic weaknesses in the functioning of public procurement in Hungary;
Amendment 85 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
15g. Reiterates its concern about OLAF investigations and Commission audits exposing serious shortcomings in the Slovak land parcel registry (cadastre) following reports of land grabbing and fraud; highlights that the Slovak authorities only check whether an applicant has the land at their legal disposal in cases of double claims; is of the opinion that such checks should take place in a digital and automated form in all Member States and for all payment claims to deter land grabbing by criminal and oligarchic structures;
Amendment 86 #
2020/2126(INI)
Motion for a resolution
Paragraph 15 h (new)
Paragraph 15 h (new)
15h. Emphasises that Malta and Cyprus show significant concentration of funds in the hands of few recipients; is concerned that Commission audits have identified significant shortcomings in the management and control systems of both countries; underlines that weak management and control systems do not provide adequate protection of EU funds against conflicts of interests and abuse by oligarchic structures;
Amendment 90 #
2020/2126(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance and added value of the newly established EPPO; appreciates the EPPOʼs endeavours to become operational under very challenging circumstances; calls on the Commission to assist the EPPO in solving the problem of diverging implementation of the PIF Directive by different Member Stateemphasises that a proper transposition of the PIF Directive is necessary to enable the EPPO to conduct effective investigations and prosecutions; recalls that the Commission’s report on the transposition of the PIF Directive concludes that although all Member States have transposed the Directive, further action is needed to address outstanding compliance issues, which mostly concern definitions of criminal offences and the liability and sanctions for legal persons and natural persons; underlines that the outcome of the cooperation between the EPPO and the Member States is also crucial in order to assess the proper functioning of the management and control systems for the purpose of audit arrangementfor EPPO to reach its maximum effectiveness;
Amendment 103 #
2020/2126(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterates the urgent call on the Commission to establish an EU-wide and interoperable, digital reporting and monitoring system, encompassing but not limited to ARACHNE; emphasises that this system needs to include information on the ultimate beneficiaries and beneficial owners and must enable to aggregate all individual amounts concerning the same beneficiary or beneficial owner into a total amount of all subsidies received from funds under shared management;
Amendment 111 #
2020/2126(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deplores that since 1 January 2021, the Commission has been unable to take any appropriate action to apply the Conditionality Regulation, which entered into force on that day; strongly regrets that after months of debating, Parliament has been forced to take legal action against the Commission under Article 265 TFEU for failure to apply the Conditionality Regulationrepeats Parliament’s position that Regulation (EU, Euratom) 2020/2092 must be applied without exception as of 1 January 2021; welcomes reports that the Commission has entered into preliminary proceedings with Hungary and Poland by sending letters in mid-November 2021; deplores that the Commission denies Parliament access to these letters and forces Parliament to revert to media reports to keep itself informed about the latest developments;
Amendment 124 #
2020/2126(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Points out that under the RRF Regulation, which forms part of the MFF 2021-2027 package, the Member States have to ensure the effective prevention, detection and correction of conflicts of interest, corruption and fraud, and avoidance of double funding; calls on the Commission, that the budget authorities are informed about all situations when funds from off-budget instruments are not paid out due to allegations of misuse, corruption, fraud or breaches of rule of law and when member states do not have sufficient anti-fraud systems in place; stresses that they are also required to explain the relevant arrangements in their recovery and resilience plans and include a summary of the consultation process at national level as well as a presentation of the controls and audit system put in place to ensure that the financial interests of the EU are protected;
Amendment 126 #
2020/2126(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Reminds that the RRF scoreboard will serve as a basis for the recovery and resilience dialogue and that it should be updated by the Commission twice a year; calls in this sense on the Commission to ensure a thorough monitoring of the progress achieved in the implementation of the milestones and targets foreseen, strictly in line with the Recovery and Resilience Facility (RRF) Regulation, on the basis of the established common indicators and reporting methodology; recalls that the RRF is bound to conditions that guarantee a transparent use of the money and should prevent corruption or fraud, double funding or conflict of interests and believes that controls should be extended also to costs actually incurred by the final beneficiaries; stresses the joint effort of the European Parliament and of the Commission which resulted in Member States being now obliged to provide information about final recipients;
Amendment 128 #
2020/2126(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Notes that the RRF is an extraordinary instrument specifically designed to address the effects of the pandemic; is concerned that absorption is closely connected to outstanding commitments that have continued to grow; recalls the increasing gap between commitments and payments which poses a serious challenge for the discharge authority too; calls on the Commission to inform the budget authorities if funds are not used by Member States or if EU-funds seep into national budgets;
Amendment 137 #
2020/2126(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that for the sake of fullgreatest possible transparency about the spending of EU funds, it is essential that such a database is developed to the greatest extent possible, in line with applicable data protection rules and the relevant jurisprudence of the Court of Justice of the European Union, and that relevant and non-sensitive data is made accessible to the public in a concise, comprehensive and user-friendly way in order to enhance public scrutiny and trust in EU public spending;
Amendment 138 #
2020/2126(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Reiterates that a sound financial management of EU-funds is of utmost importance; regrets that databases on beneficiaries of EU funds do not contain information on the ultimate beneficiaries and their beneficial owners; regrets that it is not possible for control authorities to identify the ultimate recipients of funding; deeply deplores that NGOs have been used to disguise financing of terrorist and extremist organisations; underlines that common rules on beneficiary transparency should also apply to umbrella organisations that receive EU funds and pass them on to NGOs in their network to ensure that the Commission and control authorities can audit the project’s aims and final beneficiaries; regrets that the Commission did not propose a harmonized definition of NGOs on the basis of which it could monitor those ultimately benefitting; notes that the Financial Regulation sets out rules for the selection and award of funds to these entities as well as the control mechanisms; calls on the Commission to revise the Financial Regulation also in the sense of defining the term, by introducing clear categories of NGOs and extend the controls also to costs actually incurred by the final beneficiaries;
Amendment 13 #
2020/2086(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages the Member States and the EU institutions to enhance cooperation with organisations representing people with disabilities in order to allow for their participation in decision making processes;
Amendment 38 #
2020/2086(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that there is no mutual recognition of disability status between EU Member States; calls on the Commission to consider further actions on mutual recognition of disability status in its future Strategy, and to consider the possible harmonisation of the definition of disability across the Member States in order to enable the free movement of people with disabilities;
Amendment 40 #
2020/2086(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Encourages the Commission to promote participation of the Member States in the voluntary system of mutual recognition of the EU disability card in order to facilitate easier access for people with disabilities to services, throughout the EU;
Amendment 53 #
2020/2086(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the inclusion of EU Disability Strategy in the Commission Work Programme 2021 to ensure the full implementation of the UNCRPD;
Amendment 4 #
2020/2045(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas, according to the Commission, FRT aims to coordinate existing EU financing instruments so they are mobilised in a coherent and joint up manner to address refugees' needs;
Amendment 14 #
2020/2045(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the need to create such trust funds is partly a consequence of the EU budget being structurally underfinanced in several areas and lacking possibilities to finance unexpected needs;
Amendment 18 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists on the need to ensure that the objectives of the FRT are fully consistent with the EU’s general principles, and legal commitments laid down in the EU Treaties as well as with EU policies and objectives, including democracy, the rule of law, and human rights;
Amendment 37 #
2020/2045(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the Financial Regulation and control and access for the ECA, OLAF, EPPO and the European Parliament as audit authority; invites the Commission to scale up reporting on the FRT and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes;
Amendment 43 #
2020/2045(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the actions under each strand of the FRT will be higher, more sustainable and will achieve more value for money if they are part of an integrated approach;
Amendment 51 #
2020/2045(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes with appreciation the efforts and measures taken by the EU and its Member States to support refugees and host communities in Turkey; regrets, however, the general public’s lack of knowledge about these actions. and their objectives;
Amendment 53 #
2020/2045(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that efforts must be made to monitor and enforce EU values and norms in the area of support to refugees, which would foster trust in the EU on the basis of its ability to deliver on its aims.
Amendment 5 #
2020/2022(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
Amendment 10 #
2020/2022(INI)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
— having regard to Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market;
Amendment 11 #
2020/2022(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177 final);
Amendment 13 #
2020/2022(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018;
Amendment 36 #
2020/2022(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus far, but a growing number of Member States are adopting national legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at EU level;
Amendment 56 #
2020/2022(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability, both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;
Amendment 65 #
2020/2022(INI)
Motion for a resolution
Recital K
Recital K
K. whereas child sexual exploitation online is shaped by technological developments, such as the increased use of end-to-end encryption and the dark web; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;
Amendment 90 #
2020/2022(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the clear societal and economic benefits of a functioning digital single market for the EU and its Member States; welcomes these benefits, in particular improved access to information and the strengthening of the freedom of expression; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;
Amendment 121 #
2020/2022(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary restrictions being placed on thtakedowns and harm the freedom of expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have freedom of expresscourse to automated tools with human oversight to detect, remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;
Amendment 130 #
2020/2022(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that a specific piece of information may be deemed illegal in one Member State but is covered by the right to freedom of expression in another; calls for a structured dialogue between Member States in order to assess the risk of specific types of content;
Amendment 136 #
2020/2022(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly believes that the current EU legal framework governing digital services should be updated with a view to addressing the challenges posed by the fragmentation between the Member States and new technologies, ands well as ensuring legal clarity and respect for fundamental rights, in particular the freedom of expression; considers that the reform should build on the solid foundation of and full compliance with existing EU law, especially the General Data Protection Regulation and the Directive on privacy and electronic communications;
Amendment 147 #
2020/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to remove illegal content in line with European values, while also establishing a procedure for collaboration with law enforcement and judicial authorities; firmly believes that this should be harmonised within the digital single market;
Amendment 176 #
2020/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; highlights that removal requests from competent authorities should be specific and clearly state the legal basis for removal; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders;
Amendment 197 #
2020/2022(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that certain types of legal, yet harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or politicaland advertising policy to ensure that the removals and the blocking of harmful content are limited to the absolute necessary; calls on the commission to consider this in a specific instrument accompanying the Digital Services Act;
Amendment 202 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Maintains that these forms of harmful content include micro targeting based on characteristics exposing physical or psychological vulnerabilities, health related content such as disinformation on COVID-19 causes or remedies and emerging issues such as the organised abuse of multiple platforms, artificial intelligence applications creating fake profiles or manipulating online content; points out that special attention should be paid to harmful content in the context of minors using the internet, especially in regard to their exposure to cyberbullying, sexual harassment, pornography, violence or self-harm;
Amendment 203 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 – indent 1 (new)
Paragraph 15 – indent 1 (new)
- Considers that, as a general principle, targeted advertising can have a positive economic and societal impact and points to the fact that GDPR needs to be fully and properly enforced to ensure the respect of users' privacy;
Amendment 214 #
2020/2022(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deems that accountability-, both in the private and public sector, and evidence-based policy making requires robust data on the prevalence and removal of illegal content online;
Amendment 215 #
2020/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities, more specifically on their content moderation procedures, including standardised data about the amount of content removed and the underlying reasons, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore;
Amendment 221 #
2020/2022(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls, moreover, for a regular public reporting obligation for national authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests which were subject to administrative or judicial remedies, on the outcome of these proceedings, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed;
Amendment 233 #
2020/2022(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the creation of an independent EU body to exercise effective oversight of compliance with the applicable rules; believstresses that it should guarantee a harmonised implementation of these rules across the Union and enforce procedural safeguards and transparency and provide quick and; believes that it should provide reliable guidance on contexts in which legal content is to be considered harmful;
Amendment 245 #
2020/2022(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that this EU body should not take on the role of content moderator, but that it should analyse, upon complaint or on its own initiative, whether and how digital service providers amplify illegal content, for example recommendation engines and optimisation features such as autocomplete and trending; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;
Amendment 2 #
2020/2018(INL)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Stresses that the Digital Services Act should provide a level-playing field by offering sufficient legal clarity regarding the concepts and definitions included in the legislation and by applying to all relevant actors offering digital services in the Union, regardless of whether they are established inside or outside the Union;
Amendment 4 #
2020/2018(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the rights of the child, and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency, user-friendliness and explainabilitytion in layman’s terms for consumers of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;
Amendment 11 #
2020/2018(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that illegal content online should be treated in the same way as illegal content offline, while fully respecting fundamental rights; points out that illegal content online does not only undermine citizens' trust in the digital environment but may also have grave and long-lasting consequences for internal security and fundamental rights, especially of children; underlines that the swift and consistent detection and removal or blocking of illegal content online continues to be an urgent challenge as national approaches towards the removal or blocking of illegal content online lack sufficient harmonisation; acknowledges that a differentiation has to be made between the various types of illegal content online as some content, notably child sexual exploitation material, is manifestly illegal while the nature of other types of content might depend on the applicable national law or can only be ascertained through contextualisation;
Amendment 14 #
2020/2018(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that exclusive reliance on notice-and-take-down measures and voluntary action by online intermediaries is not sufficient to effectively address illegal content online; believes that the responsibility of online intermediaries to tackle manifestly illegal content on their platforms and the infrastructure they provide should be considerably increased, while taking into account their scale of reach and operational capacities; underlines the importance to complement this responsibility with effective remedies to be made available to content providers whose content was removed; emphasises, in this regard, that an explicit legal basis for proactive measures to detect and remove or block known illegal content is needed in addition to clear rules on duty of care to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1c; _________________ 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 16 #
2020/2018(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights that illegal content online can easily be multiplied and its negative impact amplified within a very short period of time; reminds that Facebook alone blocked 1.2 million copies of the video of the March 2019 Christchurch attacks at the point of upload and removed another 300,000 copies within 24 hours of the attack, which would not have been possible if each individual removal or blocking decision had been subject to human verification; believes, therefore, that online intermediaries should be expressly allowed to have recourse to automated tools to detect and remove or block access to content whose illegality has either been established by a court or whose illegal nature can be easily determined without contextualisation; stresses, however, that there should be no general monitoring obligation;
Amendment 17 #
2020/2018(INL)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Reiterates, moreover, that cooperation between online intermediaries and competent national authorities should be improved to ensure the swift blocking or removal of content flagged by competent authorities and the successful investigation and prosecution of illegal content providers; underlines the importance to harmonise the rules and procedures across the Union in relation to content removals or blockings following notifications by law enforcement, including appropriate time limits for responses to legitimate removal requests and sanctions for systematic failure to respond to such requests;
Amendment 18 #
2020/2018(INL)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Stresses the need to ensure that removal or blocking decisions are accurate, well-founded and respect fundamental rights; reiterates that access to judicial redress should available to content providers to satisfy the right to effective remedy; highlights, in this regard, that transparency obligations should be imposed on online intermediaries as regards the criteria applied to decide on removals or blockings and the technology used to guarantee the application of necessary safeguards and to avoid discrimination and unnecessary removals or blockings; believes furthermore that more transparency is required, both on the side of online platforms and law enforcement authorities, regarding the types of content removed and the reasons therefor;
Amendment 19 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the rapid development of digital services requires strong and future-proof legislation tohat protects privacy and a, provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses therefore in this regard that all digital service providers need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and othe freedom of expressionr Union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 45 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the Commission to work on harmonising the national personalelectronic identification sign-insystem with a view to creating a single Union sign-in system in order toelectronic identification system for EU citizens which ensures the protection of personal data and age verification, especially for children, and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;
Amendment 52 #
2020/2018(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are increasingly used for identification and authentication of individuals including in a number of sensitive areas such as banking and essential services such as healthcare, which entails significant risks to and interferences with the right to privacy and data protection, as well as enabling identity fraudwhen carried out without the consent of the data subject, as well as enabling identity fraud when applied without robust security safeguards; calls on the Commission to incorporate in its Digital Services Act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service, and an obligation to clearly inform the customers on the risks of using biometric data; stresses thathighlights the numerous advantages of the use of biometric data, specifically, the higher level of security when compared to alphanumeric security features or PIN codes; notes that, therefore, biometric data can be utilised to offer a wide range of services digitally that would currently require the physical presence of the data subject; urges that, to the greatest extent possible, a digital service may not be refused where the individual refusesdoes not consent to use biometric data;
Amendment 56 #
2020/2018(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Further notes the added value to quality of life that the security of biometric data brings to persons living with disabilities, which render physical presence when obtaining essential services difficult;
Amendment 59 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential negative impact ofat behavioural advertising, including micro-targeted advertising, and of assessment of individuals, may better address potential needs than contextual advertising but can also have negative impacts, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or, setting prices; calls therefore on the Commission to introduce, or influencing democratic processes and elections; calls therefore on the Commission to introduce specific requirements with regard to behavioural advertising to protect fundamental rights, including a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.;
Amendment 69 #
2020/2018(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. is concerned about the fragmentation of public oversight and supervision of digital services and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; supports the creation of an independent EU body to ensure harmonised implementation of and compliance with applicable rules;
Amendment 74 #
2020/2018(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. highlights the importance of user empowerment with regard to the enforcement of their own fundamental rights online; considers that users should be provided with easy access to complaint procedures, legal remedies, educational measures and awareness-raising on data protection issues;
Amendment 3 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles of the United Nations Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of human dignity, of freedom, of democracy, of equality and of the rule of law; highlights that all defence- related efforts within the Union framework respect these universal values whilst promoting peace, security and progress in Europe and in the world;
Amendment 23 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that current and future security and defence-related activities within the Union framework will draw on AI, on robotics and autonomy, and on related technologies and that the Union must assume leading role in research and development of AI systems in security and defence field; believes that the use of AI- enabled applications in security and defence offer number of direct benefits such as higher quality collected data, greater situational awareness, increased speed for decision-making, as well as greater reliability of military equipment; recalls that AI systems are also becoming key elements in countering emerging and hybrid security threats;
Amendment 39 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that, based on a human- centric approach, the Union follows a path of responsibility and transparency, of protecting our citizens, and of defending our values, whilst seizing the opportunities that those technologies offer;
Amendment 69 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the need to adopt clear safety and security provisions and requirements for AI-systems in security and defence, and carry our regular tests and verifications across the entire life cycle; underlines the necessity of ensuring compliance with applicable standards and obtained certifications where AI modifies e.g. through machine learning the functionality and behaviour of systems in which it is integrated, in order to ensure full traceability, explicability and accountability of decisions made with involvement of AI;
Amendment 109 #
2020/2012(INL)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the utmost importance of education and ethics-based training in the field of security and defence AI technologies with particular focus on ethics of semi-autonomous and autonomous operational systems based on human accountability;
Amendment 21 #
2020/2011(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the relevant reports and recommendations of civil society organisations representing people with Romani backgroundRoma, non- governmental organisations (NGOs) and research institutions,
Amendment 84 #
2020/2011(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a Directive for the Equality and Inclusion of People with Romani Backgroundthe EU initiative on Roma Equality and Inclusion, developed on the basis of more realistic quantitative and qualitative data, a legislative act with a binding character on the European Union and its Member Statend country-specific indicators, is needed and must be proposed by the Commission;
Amendment 92 #
2020/2011(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends strongly to continue training and employment of Roma as youth mentors and mediators to support transitions in education and to the labour market; highlights the need to target Roma (youth and women) more explicitly with active labour market policies, including the Youth Guarantee and to systematically monitor and fight discrimination with regard to labour market access and at the work place;
Amendment 94 #
2020/2011(INI)
Motion for a resolution
Recital D
Recital D
D. whereas adequate funding must be allocated for the implementation of post- 2020 National Inclusion Strategies for People with Romani BackgroundRoma from the local, regional and national budgets of the Member States; whereas the EU and the Member States must ensure that the funds allocated are properly spent and not misused;
Amendment 98 #
2020/2011(INI)
Motion for a resolution
Recital E
Recital E
Amendment 104 #
2020/2011(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the equal participation of local and regional stakeholders (NGOs, activists, experts, community members, etc.) must be significantly involved in the development, implementation and monitoring of public policies towards people with Romani backgroundRoma, in the post-2020 context;
Amendment 106 #
2020/2011(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is of the opinion that vocational education and training is still insufficiently recognised as a priority and a solution that offers a means of mobilising and providing opportunities for Roma young people and guaranteeing their economic independence; calls on the Member States to encourage stronger engagement of businesses, particularly at local level, and consider supporting the development of social enterprises to create sustainable workplaces for Roma;
Amendment 114 #
2020/2011(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that ageing Europe faces shortages of skilled labour and young Roma population thus should not be perceived as a burden but as an opportunity and potential future workforce;
Amendment 117 #
2020/2011(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under COVID-19 lockdowns, the situation of marginalised communities of people of Romani backgroundRoma in overcrowded compounds and settlements is very difficult; whereas people of Romani backgroundRoma do not have access to adequate healthcare, drinking water, sanitation and food, and are particularly at risk; whereas the Member States must deliver emergency support and medical care in order to limit the spread of the virus; whereas racism, exclusion and discrimination against people of Romani backgroundRoma should be urgently addressed by the Union and its Member States;
Amendment 123 #
2020/2011(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the fact that the Racial Equality Directive6 provides protection and guarantees for equal treatment with regard to access to and supply of goods and services, including housing, which is primarily within the remit of national and regional governments; highlights that poor access to housing and public utilities has a negative impact on education, employment and health outcomes and adversely affects social inclusion overall; _________________ 6 Article 3(1)(h) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22.
Amendment 136 #
2020/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Commission must develop a proposal for a post-2020 directive for eEU initiative on Roma Equality and iInclusion of people with Romani background in Europe putting the fight against poverty and anti-gypsyism at the forefront; stresses that the new proposal must include clear and binding objectives, measures and targetobjectives, country- specific indicators and concrete measures for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for its implementation; emphasises the need for a robust monitoring and oversight mechanism to ensure effective implementation and appropriate use of funds; notes that equal participation in all domains of public life, political participation, and the language, arts, culture, history and environment of people with Romani backgroundRoma should be explicitly mentioned in the proposal for post-2020 EU public policy for people with Romani backgroundRoma, as additional measures to the four main priority areas of education, employment, housing and healthcare;
Amendment 138 #
2020/2011(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 139 #
2020/2011(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that to make the future EU Roma inclusion process successful and credible a fundamental change in approach is needed; emphasises that national efforts towards Roma inclusion should be accelerated in all EU Member States; stresses however that the emphasis should be placed on those with a sizable Roma population where an ineffective process of Roma inclusion poses macroeconomic challenges, deepens regional disparities and thus hampers EU social cohesion; underlines that the EU support to those countries should be measured up to the challenges, that greater attention should be devoted to the effectiveness of policies and measures in these countries, and that adequate funding should be closely linked with policies;
Amendment 153 #
2020/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directive for the einitiative on Roma Equality and iInclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including specific, measurable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani backgroundRoma; and (iv) eliminating inequalities, especially for children from their earliest years;
Amendment 155 #
2020/2011(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Regrets the weak link between available funding tools and strategic plans and objectives related to the socio- economic development and inclusion of Roma; calls on the Member States to put in place efficient monitoring and oversight mechanisms to ensure that the funds allocated are properly spent and not misused;
Amendment 163 #
2020/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure the equal participation of Romani and pro- Romani civil society organisations, experts and community members, including those active at local and regional level, taking into account a gender perspective in both the policy debate and in decision-making;
Amendment 180 #
2020/2011(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to take into account the internal heterogeneity of the community in the priority domains of the post-2020 EU directive proposal, ensuring that nobody is left behind, and to use the designation ‘people with Romani background’ when referring to Romani groups in post-2020 EU policies and discussionsInitiative on Roma Equality and Inclusion, ensuring that nobody is left behind;
Amendment 187 #
2020/2011(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to strengthen the link between EU mainstream financial and policy instruments, particularly the European Structural and Investment Funds, and inclusion priorities for people with Romani backgroundRoma, as part of the next multiannual financial framework;
Amendment 196 #
2020/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider a new funding tool or sub- programme that should be linked to an existing EU educational and social funding programme, such as Erasmus Plus or the European Social Fund, for targeted and tailored support in quality education for pupils with Romani background between the ages of 3 and 18 who are contending with extreme poverty and do not have access to existing EU educational and social inclusion funding instruments;
Amendment 212 #
2020/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to develop post-2020 National Strategies for the Inclusion of People with Romani BackgroundRoma based on realistic quantitative and qualitative data with an adequate pre- defined budget, incorporated into the national, regional and local budgets and which reflects the scale of the social inclusion needs of people with Romani backgroundRoma;
Amendment 230 #
2020/2011(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to officially recognise anti-gypsyism as a specific form of racism against people with Romani backgroundRoma, and to develop and implement specific and effective preventive and corrective measures against it on all levels where it occurs;
Amendment 258 #
2020/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to strengthen the participation of people with Romani backgroundRoma in policy-making, moving from a paternalistic to a non- paternalistic approach;
Amendment 263 #
2020/2011(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to indicate what level of funding would be needed to carry out the proposed measures for inclusion of people with Romani backgroundRoma and to state the amount of money available for such measures from the national and from the EU budgets;
Amendment 80 #
2020/1998(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Reiterates that pilot projects (PPs) and preparatory actions (PAs), if carefully prepared, are very valuable tools to test new activities and innovative solutions in the fields of employment and social inclusion; recalls that it is paramount for PPs/PAs to be assessed solely on the basis of their merit and EU added value.
Amendment 81 #
2020/1998(BUD)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that it is crucial for Parliament to be given regular updates on evaluation of the results and to be involved in the various stages of the implementation of PPs/PAs by the Commission; emphasises the importance of a transparent approach by the Commission when assessing and implementing PPs/PAs.
Amendment 267 #
2020/0310(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States where multinational and large corporations in the digital and logistics industries practice social dumping and have further eroded alleged loopholes in the social system in recent years. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.
Amendment 300 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 391 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
Amendment 442 #
2020/0310(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide not to apply this Directive to small and medium-sized enterprises (SMEs) within their countries or if the Directive could cause serious damage to the country's own conditions of well-functioning employment and labour market systems.
Amendment 475 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies; when calculating the collective bargaining coverage, Member States should take into account both direct and indirect collective bargaining coverage, where indirect collective bargaining coverage is provided, for example, by companies oriented towards sectoral collective agreements.
Amendment 490 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage Member States shall take, in accordance with their national law and practices, and in consultation with the social partners, at least the following measures:
Amendment 505 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) encourage constructive, meaningful and informed negotiations on wages among social partners;, thereby respecting the free will of workers and employers in the process
Amendment 642 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
Amendment 661 #
2020/0310(COD)
Proposal for a directive
Article 6
Article 6
Amendment 703 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurable that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 731 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in cooperation with social partners, take the following measures where proportionate, to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 740 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
(1) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of statutory minimum wages. ThWhere duly justified, those controls and inspections shall be proportionate and non-discriminatory;
Amendment 763 #
2020/0310(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by Union law, national provisions or collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 37 #
2020/0030(NLE)
Proposal for a decision
Recital 1
Recital 1
(1) Member States and the Union are to work towards developing an effective and coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce, as well as through strengthening the links between the education system and the labour market needs, thus promoting labour markets that are responsive to economic change, with a view to achieving the objectives of full employment and social progress, balanced growth and a high level of protection and improvement of the quality of the environment set out in Article 3 of the Treaty on European Union. Member States shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the Council, taking into account national practices related to the responsibilities of management and labour. In the current situation caused by the COVID 19 pandemic special attention should be devoted to those who are losing their jobs.
Amendment 60 #
2020/0030(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Union is to combat social exclusion, poverty and discrimination and promote social justice and protection, as well as equality between women and men, solidarity between generations and the protection of the rights of the child. In defining and implementing its policies and activities, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion and a high level of education and training as set out in Article 9 of the Treaty on the Functioning of the European Union.
Amendment 82 #
2020/0030(NLE)
Proposal for a decision
Recital 6
Recital 6
(6) Climate change and environmental related challenges, globalisation, digitalisation and demographic change will transform European economies and societies. The Union and its Member States should work together to effectively address these structural factors and adapt existing systems as needed, recognising the close interdependence of the Member States’ economies and labour markets and related policies. This requires a coordinated, ambitious and effective policy action at both Union and national levels, in accordance with the TFEU and the Union’s provisions on economic governance. Such policy action should encompass an immediate and coordinated response of the Member States to global crises like the COVID pandemic that can have negative impact on labour market, the need for a boost in sustainable investment, a renewed strong commitment to appropriately sequenced structural reforms that improve productivity, competitiveness, economic growth, social and territorial cohesion, upward convergence, resilience and the exercise of fiscal responsibility. It should combine supply- and demand side measurePolicy action should involve the use of new technologies to support labour markets in Member States. It should combine supply- and demand side measures, paying due attention also to the labour market demand and supply needs, while taking into account their environmental, employment and social impact.
Amendment 93 #
2020/0030(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) The European Parliament, the Council and the Commission signed an inter-institutional proclamation for a European Pillar of Social Rights (14 ). The Pillar sets out twenty principles and rights to support well-functioning and fair labour markets and welfare systems, structured around three categories: equal opportunities and access to the labour market, fair working conditions and social protection and inclusion. The principles and rights give direction to our strategy making sure that the transitions to climate- neutrality and environmental sustainability, digitalisation and demographic change are socially fair and just. The Pillar constitutes a reference framework to monitor the employment and social performance of Member States, to drive reforms at national, regional and local level and to reconcile the “social” and the “market” in today’s modern economy, including by promoting the social economy. and developing our European Social model. __________________ 14 OJ C 428, 13.12.2017, p. 10.
Amendment 96 #
2020/0030(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) Reforms to the labour market, including the national wage-setting mechanisms, should follow national practices of social dialogue and allow the necessary opportunity for a broad consideration of socioeconomic issues, including improvements in sustainability, competitiveness, innovation, job creation, lifelong learning and training policies, working conditions, education and skills, public health and inclusion and real incomes. Member States should continue with their policies and efforts of removing any unnecessary administrative barriers which pose burden on the labour market reforms, thus improving the resilience and sustainability of the changing European labour market.
Amendment 106 #
2020/0030(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Member States and the Union should ensure that the transformations are fair, balanced and socially just, strengthening the drive towards an inclusive and resilient society in which people are protected and empowered to anticipate and manage change, and in which they can actively participate in society and the economy. Discrimination in all its forms should be tackled and reconciliation of the needs of private and professional life should be respected and aimed by the Union and Member States’ policies. Access and opportunities for all should be ensured and poverty and social exclusion (including that of children) should be reduced, in particular by ensuring an effective functioning of labour markets and of social protection systems and by removing barriers to education, training and labour-market participation, including through investments in early childhood education and care. Timely and equal access to affordable healthcare services, including prevention and health promotion are particularly relevant in a context of ageing societies. The potential of people with disabilities to contribute to economic growth and social development should be further realised. As new economic and business models take hold in Union workplaces, employment relationships are also changing. Member States should ensure that employment relationships stemming from new forms of work maintain and strengthen Europe’s social model.
Amendment 84 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, but also in light of the COVID-19 crisis, some are more impacted than the others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, as well as the impact of coronavirus crisis on their crucial industries, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
Amendment 130 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 203 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans. The transfer of money from the ERDF and the ESF+ to the JTF resources has to be excluded.
Amendment 373 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ resources to the JTF has to be excluded.
Amendment 20 #
2019/2207(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EAW procedure is a simplified and fast-track judicial surrender procedure whichand EAW, since its launch, has been the flagship and most used instrument for mutual recognition in criminal matters; EAW is not a judicial procedure but a judicial decision sui generis.
Amendment 26 #
2019/2207(INI)
B. whereas the EAW is a success and has replaced extraditions with transfsurrenders; whereas transfsurrenders have been shortened to 40 days on average where the individual does not consent;
Amendment 51 #
2019/2207(INI)
Motion for a resolution
Recital K
Recital K
Amendment 84 #
2019/2207(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that such problems relate to prison conditions, proportionality, the execution of custodial sentences23 , time limits24 and in absentia decisions; acknowledges that certain cases raised the issue of double criminality25 ; _________________ 23 CJEU, C-579/15, Popławski. 24 CJEU, C-168/13 PPU, Jeremy F. 25With guidance from C-289/15, Grundza, referring to Council Framework Decision 2008/909/JHA.
Amendment 96 #
2019/2207(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 112 #
2019/2207(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that a double criminality check limits mutual recognition and, according to the CJEU, must be interpreted restrictively; notes that mutual recognition should ideally work automatically27 ; _________________ 27See, for example, the Commission communication of 26 July 2000 on the Mutual Recognition of Final Decisions in Criminal Matters (COM(2000)0495).
Amendment 119 #
2019/2207(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to analyse common offences in the Member States and to assess the possibility of expanding the list of offences that do not require a double criminality check; highlights the importance of assessing the inclusion of additional offences such as particular environmental crimes (e.g. ship-source pollution offences), hate crimes, sexual abuse, offences committed through digital means such as identity theft, offences against public order and the constitutional integrity of the Member States, crimes of genocide, crimes against humanity and war crimes;which are already harmonised on the EU level.
Amendment 130 #
2019/2207(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 139 #
2019/2207(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of defining more precisely the duties and competencies of the bodies involved in EAW procedures and ensuring that they are specialised and have practical experience; aAffirms that a broad margin of discretion for the executing authority is scarcely compatible with mutual recognition; considers that discretion should be limited in cases of double criminality;
Amendment 163 #
2019/2207(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to launch asupport and eventually further develop The European Judicial Training Network (EJTN) and existing national training platforms for experts and practitionersjudiciary on mutual recognition instruments, including the EAW; affirms that it should provide them with knowledge about the close relationship between instruments, including a common space to exchange experiences;
Amendment 166 #
2019/2207(INI)
24. Notes that cooperation between authorities, including compliance on fundamental rights, can be improved by using technology and digitalisation; requests that a centralised database be developed on national EAW application (as with other areas of EU law)28 ; _________________ 28See the EPRS European Implementation Assessment of June 2020 on the EAW.
Amendment 189 #
2019/2207(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 201 #
2019/2207(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to provide an assessment of ne bis in idem and possible legislative action;
Amendment 211 #
2019/2207(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 219 #
2019/2207(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to conduct a cross-case study of instruments so as to prevent abnormalities, as with the rules on transfer of prisoners and EAWmutual recognition instruments;
Amendment 222 #
2019/2207(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. States that coherency issues must be addressed by practical measures (training of practitioners), soft law (handbooks and recommendations), very targeted legislation (the definition of judicial authority, ne bis in idem, fundamental rights, etc.) and supplementing legislation (pre-trial detention);
Amendment 226 #
2019/2207(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 163 #
2019/2199(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press-releases/romani- woman-harassed-by-racist-hospital-staff- during-childbirth-wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21 Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23- 24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.
Amendment 34 #
2019/2188(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there is enormous variety of minimum wage practices across the EU and considerable gaps in terms of coverage and adequacy to ensure decent living;
Amendment 62 #
2019/2188(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas research8a shows that the amount a household receives from a minimum wage tends to be sufficient to protect a single adult against the risk of poverty, but it is often not sufficient to support more than one person; __________________ 8aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 66 #
2019/2188(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU has clearly missed its target of reducing the number of people at risk of poverty by 20 million by 20209; __________________ 9Francesca Pepé and Gaia Teresa Sartori Pallotta, Fostering access to services to support people to move out of poverty, Report on poverty and inequalities in Europe, Brussels, November 2019, p. 7 and p. 13 et seq., and COM (2010) 2020 final, 3.3.2010.
Amendment 80 #
2019/2188(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 6.1% of the population of EU-28 were suffering from severe material deprivation in 201811 and extreme poverty exists in numerous regions and communities; __________________ 11 Severe material deprivation: inability to afford less than 4 out of 11: mortgage or rent payments, utility bills, hire purchase instalments or other loan payments, one week annual holidays, meals involving meat/fish/protein every second day, unexpected financial expenses, a telephone (including mobile), a colour TV, a washing machine, a car, heating; (https://ec.europa.eu/eurostat/statistics- explained/index.php/Quality_of_life_indic ators_- _material_living_conditions#General_over view)
Amendment 83 #
2019/2188(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the level of wage is an important factor explaining the risk of poverty; whereas however, relevant other factors also come into play - specific household features, the institutional framework, and other policies such as housing and childcare;
Amendment 87 #
2019/2188(INI)
Motion for a resolution
Recital G
Recital G
G. whereas family poverty is increasing: every fourth child under the age of 18 is at risk of poverty or social exclusion and thus trapped in an intergenerational cycle of disadvantage; whereas single parents (34.2%) and large families are particularly affected12 ; __________________ 12https://ec.europa.eu/eurostat/statistics- explained/index.php/Quality_of_life_indic ators_- _material_living_conditions#General_over view
Amendment 107 #
2019/2188(INI)
Motion for a resolution
Recital J
Recital J
J. whereas old-age poverty continues to increase also in combination wdespithe fundamental pension reforms: the at-risk- of-poverty rate for people over 65 was on average 16.1% (EU-28); whereas this figure will continue to grow due to precarious and atypical employment15 ; __________________ 15 https://ec.europa.eu/eurostat/databrowser/v iew/tessi012/default/table?lang=en
Amendment 132 #
2019/2188(INI)
Motion for a resolution
Recital M
Recital M
M. whereas privatisation and outsourcing, arelthough proven economically effective, are sometimes reducing job security, and this ismight also an indicator of thelead to an increase in precarious employment;
Amendment 164 #
Amendment 165 #
2019/2188(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 194 #
2019/2188(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in-work poverty needs to be addressed at its root causes, such as but not limited to education and training; calls on the Commission to urge Member States to invest in qualitative education and training, to share good practices and to have specific attention for life-long learning;
Amendment 204 #
2019/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the axiom that ‘work is the best remedy for poverty’ no longer applies today in the face of low- wage sectors, atypical and precarious working conditions and the dismantling of social security systems and that a poverty- free life can only be secured by effective collective agreements and minimum wage systems are needed to realise a poverty- free society;
Amendment 253 #
2019/2188(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to improve the social convergence by introducing an EU legal instrument which guarantees that every worker in the European Union benefits from a fair minimum wage, taking into consideration national specificities; welcomes the Commission’s consultation with the social partners on a European framework for minimum wages, respecting the national practices and the collective bargaining;
Amendment 254 #
2019/2188(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to ensure that statutory minimum-wage setting is guided by national frameworks based on clear and stable criteria with reasonably frequent and regular updates;
Amendment 269 #
2019/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure mandatory minimum working conditions and unified control criteria throughout the Union for all workers, in particular for those employed in atypical and precarious work or the bogus self-employed, either by improving existing directives or through new legal acts, and to ban zero-hour contracts;
Amendment 358 #
2019/2188(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to enforce, effectively and through sanctions, the right of workers to organise and to negotiate and conclude collective agreements, and to ensure that unions can enter plants, speak to workers at work and organise them;
Amendment 370 #
2019/2188(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 414 #
2019/2188(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that numerous frontline workers are in low-paid jobs and suffer from precarious working conditions and partially also from a lack of health and social protection;
Amendment 434 #
2019/2188(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in new jobs, future-oriented infrastructure, digital change and ‘green transition’.; points out that minimum wage policies are an important element in a policy mix for income stabilisation to cope with the COVID-19 effects;
Amendment 437 #
2019/2188(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in new sustainable jobs, future-oriented infrastructure, digital change and ‘green transition’.;
Amendment 6 #
2019/2098(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NWelcomes the visible progress made by the agencies in their efforts to respond to the demands and recommendations expressed within the annual discharge procedures; notes with satisfaction that, according to the annual report of the European Court of Auditors’ (the 'Court') on Union agencies for the financial year 2018 (the 'Court’s report'), the Court issued an unqualified audit opinion on the reliability of the accounts of all agencies; notes in addition that the Court issued an unqualified opinion on the legality and regularity of the revenue underlying the accounts for all agencies; observes that the Court issued an unqualified opinion on the legality and regularity of the payments underlying the accounts for all agencies, except for the European Asylum Support Office (EASO); points out with regret that for EASO’s payments for the financial years 2016 and 2017, the Court issued a qualified opinion; acknowledges the continued progress made by the Office in delivering reforms and corrective action plans;
Amendment 11 #
2019/2098(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Deems it questionable to operate 32 decentralised agencies headquartered across all the Member States; authorizes the Commission to perform a feasibility study in order to research the possibility of merging certain underfinanced and highly expert agencies with a similar field of operation; recalls concerns that merger of decentralised agencies would create an all-powerful Agency, and that the very idea of decentralisation would be diminished; opposes such claims with remark, that the creation of an agency with a wider range of operation will bring simplicity and effective administration; further notes that the merger and setting- up of shared synergies among several agencies would save significant amount of finances, which may then be used for funding the increased optimized remuneration coefficient needed in several Agencies, especially those in the Member States which joined the EU in 2004, in order to ensure the attractiveness of the vacant positions in those Agencies;
Amendment 12 #
2019/2098(DEC)
Motion for a resolution
Subheading 1
Subheading 1
Main risks and recommendations identified by the Court
Amendment 14 #
2019/2098(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that all agencies focus on public communication and publicity as their existence and activities are often not recognised among citizens;
Amendment 17 #
2019/2098(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the need to have separate administrative structures and procedures for all agencies constitutes an inherent risk to administrative inefficiency and urges agencies to strengthen their thematic bundling and cooperation according to their fields of policy to ensure harmonisation and efficient sharing of resources;
Amendment 18 #
2019/2098(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasizes on the problem with dual operational and administrative headquarters that do not offer operational added value for the agencies and encourages further action to limit the inefficiencies; encourages the agencies to co-locate concentrating on their specific policy fields; notes that the Commission is responsible for providing proposals regarding the possible mergers, closures and/or transfers of tasks;
Amendment 20 #
2019/2098(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges that the effective, efficient and error-free work of the agencies is closely tied to the adequate level of funding needed to cover their operational and administrative activities;
Amendment 21 #
2019/2098(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the Network’s reply in support of Parliament’s invitation to provide the Union institutions with constructive feedback in the framework of the post-2020 Multiannual Financial Framework negotiations and that each agency was invited to perform an analysis of the Multiannual Financial Framework 2021-2027 proposal by the Commission; acknowledges the high importance of the Multiannual Financial Framework on the budgeting of the agencies and encourages them to continue exploring new sources of financing in addition to the existing Union budget contributions;
Amendment 22 #
2019/2098(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages the agencies and the Commission to apply the principle of performance-based budgeting, to consistently seek the most effective ways to provide added value, and to further explore possible improvements in efficiency in relation to resources management; notes the Court’s suggestion that a publication of agency budgets by activity would allow linking resources to the activities they are used for and would assist for easier budget allocation, efficacy and limit unnecessary expenses;
Amendment 24 #
2019/2098(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes with satisfaction that some agencies cooperate effectively according to their thematic grouping, for exeample the Justice and Home Affairs6 agencies and the European Supervisory Authorities7; encourages other agencies also to increase cooperation with each other whenever possible, not only in establishing shared services and synergies, but in their common policy areas as well; notes that a majority of agencies do focus and strive on further enhancing synergies and sharing resources; notes that the Network has established an online catalogue of shared services, mainly IT services, and that in 2018, a pilot has been developed to monitor the use and benefit of the shared services which has been extended in 2019 to all share services; 6. European Border and Coast Guard Agency (Frontex), European Agency for the Operational Management of Large- Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), European Asylum Support Office (EASO), European Institute for Gender Equality (EIGE),European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), European Police College (CEPOL), European Police Office (Europol), European Union Agency for Fundamental Rights (FRA), The European Union’s Judicial Cooperation Unit (Eurojust). 7. European Banking Authority (EBA), European Insurance and Occupational Pensions Authority (EIOPA), European Securities and Markets Authority (ESMA).
Amendment 25 #
2019/2098(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes from the Court’s report that in 2018, some progress was made in relation to the introduction of SYSPER II, the human resources management tool developed by the Commission, with five additional agencies signed up for it in 2018; notes, however, that the progress in its implementation varies, the project being complex and each agency having its own specificities; notes furthermore that good progress was made in relation to the introduction of e-procurement; nevertheless, a number of agencies are still in the process of introducing the tools of electronic invoicing as developed by the Commission;
Amendment 37 #
2019/2098(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 41 #
2019/2098(DEC)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Notes that the agencies continuously monitor and assess their staffing levels and their needs in terms of additional human and financial resources, and make relevant requests where necessary; acknowledges that such requests should be subject to a wider inter-institutional process, so that the level of resources corresponds to the tasks and responsibilities of the agencies;
Amendment 44 #
2019/2098(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes from the Court’s report that payments in its audit samples indicate a trend towards compensating shortages of own statutory staff by external staff, particularly IT consultants working in the premises of the agencies on times and means contracts and interim staff; notes that five agencies engaged in the use of interim workers provided by registered temporary work agencies, but did not respect all the rules laid down in both the Directive 20108/104/EC6 and in the respective national law, for instance as regards working conditions for interim workers; notes that three agencies used contracts on the provision of IT and other consultancy services which were formulated and/or implemented in a way that, in practice, might result in the assignment (‘mise à disposition’) of temporary agency workers instead of the provision of clearly specified services or products and as required by Directive 2008/104/EC7 , Staff Regulations and social and employment rules, exposing these agencies to legal and reputational risks; calls on the Network to introduce a general policy to not replace permanent staff by more expensive external consultants; _________________ 6Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9). 7Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 47 #
2019/2098(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges the agencies to effectively utilise their established internal rules or guidelines on whistleblowing and calls on the ones that are still in the process of adopting such rules to do it without unnecessary delay;
Amendment 50 #
2019/2098(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that most agencies do not publish their vacancy notices on the website of the European Personnel Selection Office (EPSO); takes note of the concern regarding high translation costs; welcomes in this regard the inter-agency job board launched and maintained by the Network and invites all agencies to take advantage of the platform;
Amendment 51 #
2019/2098(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Encourages the Union agencies that do not have a fundamental rights strategy to consider adopting one, including a reference to fundamental rights in a code of conduct that could define the duties of their staff and training for staff; recommends that effective prevention policies should be implemented and efficient procedures found to resolve harassment issues;
Amendment 54 #
2019/2098(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes from the Court’s report that shortcomings were found related to excessive dependency on contractors, external consultancy and interims, to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced, extensively, regular activities and occasionally core business activities, which weakens the internal expertise and control over contract execution, with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; recommends an adequate ratio between price and quality when awarding contracts, an optimal design of framework contracts, justified intermediary services and the use of detailed framework contracts notes that for six agencies the framework contract terms for the provision of IT maintenance and equipment were weak, as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure, and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements, their related ex - ante controls did not check the accuracy of the up-lifts charged by the contractor;
Amendment 68 #
2019/2098(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Once again, calls on the agencies to implement a comprehensive and horizontal policy concerning the avoidance of conflicts of interest, and to use the European Chemicals' Agency's (ECHA) Independence Policy as a best practice and an exemplary system of monitoring and preventing any conflicts of interest; encourages all agencies to set up a Conflicts of Interest Advisory Committee;
Amendment 69 #
2019/2098(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes from the Court’s report that fivsome agencies do not have policies in place defining their sensitive functions and related mitigating controls, which aim to reduce the risk of the misuse of powers delegated to staff to an acceptable level and should be a standard element of internal control, thus urges those agencies to adopt such policies;
Amendment 70 #
2019/2098(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes from the Court’s report that the previously London-based agencies, the European Baking Authority (EBA) and the European Medicines Agency (EMA), leftwere relocated from the United Kingdom in 2019 and that their accounts include provisions for the related removal costs; notes, furthermore, in the case of EMA, that the Court referred to developments following the lease agreement of the agency and the ruling of the High Court of Justice of England and Wales; notes the contingent liability of 465 million euro left following the conclusion of the new sublease agreement and to the uncertainty about the total loss of staff following the agency’s relocation; in addition, notes with concern that for both agencies, the Court also referred to possible decreases in revenue following the United Kingdom’s withdrawal from the Union;
Amendment 72 #
2019/2098(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Stresses the urgent need to aim the focus of the agencies on disseminating the results of their research and work to the general public, and to reach out to public via the social media and other media outlets in order to raise awareness of their operations; recalls the general unawareness of the citizens about the agencies even within the country of operation; appeals to the agencies to reach out to the people more effectively and frequently;
Amendment 74 #
2019/2098(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Stresses the possible negative effects of the UK’s withdrawal from the European Union (as of 31.01.2020) on the organisation, operations and accounts of the agencies, specifically when it comes to decrease of direct contributions; urges the Commission to act with extreme diligence when handling risk prevention and risk mitigation for the agencies;
Amendment 2 #
2019/2094(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office’s budget for the financial year 2018 / Postpones its decision on granting the Director of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office’s budget for the financial year 2018;
Amendment 3 #
2019/2094(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2018 / Postpones the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2018;
Amendment 4 #
2019/2094(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the Office does not share resources with other Agencies due to its limited own resources; notes, however, that in 2014 the Office signed a service level agreement with ENISA for sharing resources in the field of internal controls and that the Office still makes full use of that agreement; notes with satisfaction that the Office started a joint project, signed in 2019, for sharing IT infrastructure with several joint undertakings; welcomes this initiative and urges the Office to further explore possible ways of outsourcing its tasks and collaborating on overlapping tasks with other Union institutions and bodies;
Amendment 15 #
2019/2094(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls upon the Office to focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 2 #
2019/2093(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Union Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Director of the European Union Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2093(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Union Agency for the Cooperation of Energy Regulators for the financial year 2018 / Postpones the closure of the accounts of the European Union Agency for the Cooperation of Energy Regulators for the financial year 2018;
Amendment 4 #
2019/2093(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that the Agency has outsourced accounting services to the Commission and shares resources with other Agencies in the areas of human resources management, information and communication technology management, budget and finance, procurement and facility management; deems this initiative as an example for other Union institutions worth following; encourages the Agency to explore ways of resources sharing on overlapping tasks among other Union agencies with similar activities; strongly encourages the Agency to actively seek further and broader cooperation with all Union agencies;
Amendment 11 #
2019/2093(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls upon the Agency to disseminate the results of its research to the general public and to reach out to the general public via the social media and other media outlets;
Amendment 2 #
2019/2092(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the budget of the Authority for the financial year 2018;
Amendment 3 #
2019/2092(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Securities and Markets Authority for the financial year 2018 / Postpones the closure of the accounts of the European Securities and Markets Authority for the financial year 2018;
Amendment 8 #
2019/2092(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Authority, along with the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA), forms part of a joint committee which aims to ensure cross-sector consistency and joint positions in the area of supervision of financial conglomerates and on other cross- sector issues, and that it shares an accounting officer with the European Union Agency for Railways (ERA) and has taken part in many joint procurements with other agencies, always seeking efficiencies through cooperation; strongly encourages the Authority to actively seek further and broader cooperation with all Union agencies;
Amendment 19 #
2019/2092(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Authority to focus on disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets;
Amendment 1 #
2019/2090(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the budget of the Authority for the financial year 2018;
Amendment 4 #
2019/2090(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Banking Authority for the financial year 2018 / Postpones the closure of the accounts of the European Banking Authority for the financial year 2018;
Amendment 7 #
2019/2090(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that the Authority shares practices, initiatives and templates with the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority, with which the Authority holds regular meetings; strongly encourages the Agency to actively seek further and broader cooperation with all Union agencies;
Amendment 10 #
2019/2090(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that cooperation between the Authority and ESMA for the preparation of a joint procurement procedure for the renting of office space in Paris was stopped and that both authorities carried out separate procurement procedures, not only for office space but also for other related services; calls on the Authority to report to the discharge authority on the reasons behind that missed opportunity for economies of scale and efficiency gains; urges the agencies to consider the idea of joint procurement procedures and sharing of resources on overlapping tasks among other agencies with similar activities or situated in the proximity of the Agency's headquarters;
Amendment 13 #
2019/2090(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls upon the Authority to improve and intensify its communication with the Member States; urges the Authority to improve and intensify its cooperation with the Member states and the Member States' national banks and commercial banking bodies; stresses the importance of smooth collaboration with the national level in pursuing the Authority's goal of creating a single banking rulebook;
Amendment 25 #
2019/2090(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Agency to focus on disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets;
Amendment 2 #
2019/2089(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2018 / Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2089(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2018/ Postpones the closure of the accounts of the European Institute for Gender Equality for the financial year 2018;
Amendment 4 #
2019/2089(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the fact that the Institute uses certain Key Performance Indicators in relation to operational objectives and management of financial and human resources to assess the added value provided by its activities and to improve its budget management; further notes that the Institute fulfilled 98,80 % of the single programming document activities in 2018;
Amendment 5 #
2019/2089(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 6 #
2019/2089(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Institute chaired the Justice and Home Affairs agencies network and coordinated regular updates and information sharing among agencies; notes that at the end of 2018 the Institute, with other agencies, agreed to explore possibilities for enhanced interagency cooperation in implementing joint capacity building projects with third countries; commends this cooperation as an example for other agencies worth following; encourages the Institute to seek further and broader cooperation with the Union agencies; encourages the Institute to initiate discussions on the topic of resources-sharing on overlapping tasks among other agencies with similar activities;
Amendment 9 #
2019/2089(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Questions the necessity of an Institute dedicated specifically for the purpose of Gender Equality research; appeals to the Commission to consider merging the Institute with European Union Agency for Fundamental Rights (FRA); underlines that the Institute and the FRA have a similar field of operation and the merger will simplify the funding of the two institutions, as well as clarify the system of European Agencies to the general public;
Amendment 10 #
2019/2089(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Authorizes the Commission to conduct a Feasibility Study in order to assess the possibility of, if not fully merging, at the very least setting up shared synergies with FRA; calls upon the Commission to evaluate both scenarios, e. g. the transfer of the Institute to FRA Headquarters in Vienna, and the transfer of FRA’s Headquarters to the Institute's Vilnius Headquarters; notes that such an act would mean sharing corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet-based infrastructures, saving huge amounts of money which would be used on further funding of both institutions;
Amendment 14 #
2019/2089(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 15 #
2019/2089(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls upon the Institute to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 1 #
2019/2088(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Law Enforcement Cooperation (Europol) discharge in respect of the implementation of Europol’s budget for the financial year 2018/ Postpones its decision on granting the Executive Director of the European Union Agency for Law Enforcement Cooperation (Europol) discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 8 #
2019/2088(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with appreciation that in 2018 the Agency continued to carry out joint activities or shared services with other Union agencies, including Eurojust, the European Border and Coast Guard Agency, the European Asylum Support Office and the European Monitoring Centre for Drugs and Drug Addiction and that the Agency joined 10 interinstitutional and one inter- agency procurement procedure; deems it necessary for Europol to further develop strong ties with other relevant Union institutions; encourages the Agency to explore ways of sharing resources or staff, or both, allocated to overlapping tasks with other agencies which perform similar activities or with agencies based within the Agency's proximity;
Amendment 10 #
2019/2088(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 11 #
2019/2088(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Authorizes the Commission to conduct a Feasibility Study in order to assess the possibility of, if not fully merging, at the very least setting up shared synergies with CEPOL; calls upon the Commission to evaluate both scenarios, namely the transfer of the Agency to the CEPOL Headquarters in Budapest, and the transfer of CEPOL Headquarters to the Agency’s Hague Headquarters; notes that such an act would mean sharing corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet- based infrastructures, thus saving huge amounts of money which would be used on further funding of both agencies;
Amendment 20 #
2019/2088(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls upon the Agency to focus on disseminating the results of its research to the general public, and to reach out to public via social media and other media outlets;
Amendment 2 #
2019/2087(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2087(DEC)
1. Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2018 / Postpones its decision on approving the closure of the accounts of the Euratom Supply Agency for the financial year 2018;
Amendment 7 #
2019/2087(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 1 #
2019/2086(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2086(DEC)
1. Approves the closure of the accounts of the European Chemicals Agency for the financial year 2018 / Postpones the closure of the accounts of the European Chemicals Agency for the financial year 2018;
Amendment 7 #
2019/2086(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 10 #
2019/2086(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Agency has revenues coming from both fees and charges payable by industry and a balancing subsidy from the Union budget; notes with concern that, according to the Court’s report, as the third registration deadline under Regulation (EC) No 1907/2006 expired in May 2018, income from fees and charges is expected to drop significantly from 2019 onwards; points out that there is a risk that relatively stable expenditure and much less predictable revenue may have a negative effect on the Agency’s operations and budget implementation; takes note, however, thatstresses the necessity of putting in place a new, viable and thorough financing model, about which, according to the Agency’'s reply, ithe Agency has initiated discussions with the Commission on a new, viable financing model; calls on the Agency to keep the discharge authority updated on developments in this regard;
Amendment 12 #
2019/2086(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that, despite the risks and constraints in some areas, the Agency reached 58 out of 69 of its key performance indicator targets; further urges the Agency to strive to achieve 100 % fulfilment of its KPI targets;
Amendment 14 #
2019/2086(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the Agency continues to share its internal audit capability with the European Global Navigation Satellite Systems Agency and closely collaborates with other agencies, including by way of sharing services in the context of an inter- agency network and by way of sharing resources through memoranda of understanding; commends this cooperation as an example for other Agencies worth following; encourages the Agency to seek further and broader cooperation with the Union agencies; encourages the Agency to initiate discussions on the topic of resources-sharing on overlapping tasks among other agencies with similar activities;
Amendment 16 #
2019/2086(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 25 #
2019/2086(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 1 #
2019/2084(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2084(DEC)
1. Approves the closure of the accounts of the European GNSS Agency for the financial year 2018/ Postpones the closure of the accounts of the European GNSS Agency for the financial year 2018;
Amendment 12 #
2019/2084(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Agency to focus on disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets;
Amendment 3 #
2019/2083(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the budget of the Agency for the financial year 2018;
Amendment 4 #
2019/2083(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2018 / Postpones the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2018;
Amendment 10 #
2019/2083(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes from the Court’s report that in 2018 the Agency had financing agreements with cooperating countries for operational activities, representing 59 % of the Agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources, and, in late 2018, of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlightsunderlines with alarm the Court’s emphasisfinding that the reimbursement of equipment- related expenditure is still based on actual cost and that thecontrary to the Agency’s project to move to unit-cost based reimbursements is still, which still proves to be unsuccessful; furthermore, notes with concern the Court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment- related costs is still insufficient and that the Agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notesobserves with concern the absence of ex- post verifications on reimbursements by the Agency, further increasing the risk of unjustified cost reimbursements; urges the Agency to put in place effective ex-post verifications on reimbursements as soon as possible;
Amendment 12 #
2019/2083(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes from the Court’s report that the Agency’s budget carry-overs to 2019 amounted to EUR 83 000 000 (29 %), slightly lower than in the previous year; notes that the rate of cancelled carry-overs to 2018 was EUR 11 000 000 (12 %), somewhat lower in relative terms than the previous year; notes that the main reasons for carry-overs and cancellations were the challenges with the staff establishment plan by number and profile of staff, the delay to the launch of the building project for the Agency’s new premises, the multi-annual nature of information and communications technology projects, and the overestimation of the scale and cost of activities from cooperating countries; notes the Agency’s reply that in 2018 operational expenditures were mainly in the form of grants, covering the operation cycle from February N to January N+1, as well as expenditures from contracts with payment in N+1; calls onurges the Agency, together with cooperating countries, to strive for more precise costs estimates and budget forecasts;
Amendment 15 #
2019/2083(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that, following the management board’s approval of the reorganisation of the Agency structures in 2017 affecting the allocation of resources, an updated structure was adopted in 2018 and completed by new internal rules of procedure as well as by delegations and sub-delegations that were formalised by the decision of the executive director;
Amendment 17 #
2019/2083(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that in the context of the European integrated border management, the largest operational activities were the 12 joint operations at the external land, air and sea borders while the main operational focus in 2018 was on the Central, Eastern and Western Mediterranean areas which experienced the most significant migratory pressure; furthermore, notes the interagency cooperation, especially in the field of coastguard function but also in the field of customs and law enforcement cooperation; notes thaturges the Agency ito brisk up and secure quality of its working towards setting proper quantitative objectives and specific target values for the joint operations, which are expected to be included in the Single Programming Document 2021-2023;
Amendment 27 #
2019/2083(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes with appreciation that the Agency participates actively in inter- institutional tenders led by other institutions, and that, in the procurement procedures of the maritime surveillance domain, the Agency seeks cooperation with Union agencies with similar activities and prepares the terms of reference accordingly; notes furthermore that in 2018 the Agency has handled its first Agency’s led inter-institutional tender procedure with the European Fisheries Control Agency; strongly encourages the Agency to actively seek further and broader cooperation with all of the Union agencies;
Amendment 35 #
2019/2083(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls upon the Agency to consider revising the number of funded projects in the future; further notes that a smaller number of grander and well-funded projects shall greatly clarify the area of operation of the Agency, and make it easier for the general public to comprehend its benefits;
Amendment 36 #
2019/2083(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 2 #
2019/2081(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Railways discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Executive Director of the European Union Agency for Railways discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2081(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Union Agency for Railways for the financial year 2018/ Postpones the closure of the accounts of the European Union Agency for Railways Regulators for the financial year 2018;
Amendment 14 #
2019/2081(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Agency’s continued cooperation with the European Securities and Markets Authority in sharing accountancy services; further urges the Agency to explore possibilities of resources sharing on overlapping tasks among other agencies with similar activities; encourages the Agency to actively seek further and broader cooperation with all of the Union agencies; encourages the Agency to explore the possibility of staff sharing in certain non-expert, technical and administrative fields, with a special emphasis on development of collaboration with Paris-based Institute for Security Studies;
Amendment 17 #
2019/2081(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 18 #
2019/2081(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 2 #
2019/2080(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Cybersecurity discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Director of the European Union Agency for Cybersecurity discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2080(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Union Agency for Cybersecurity for the financial year 2018/ Postpones the closure of the accounts of the European Union Agency for Cybersecurity for the financial year 2018;
Amendment 6 #
2019/2080(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Authorises the Commission to conduct a Feasibility Study in order to assess the possibility of setting up shared synergies with the Cedefop which has its headquarters in Thessaloniki; calls upon the Commission to evaluate both scenarios, namely the transfer of the Agency to the Cedefop headquarters in Thessaloniki, and the transfer of the Agency's headquarters to its Heraklion headquarters; notes that the transfer of the Agency to the Cedefop headquarters would entail the sharing of corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet- based infrastructures, saving very significant amounts of money which would be used for the further funding of both agencies;
Amendment 12 #
2019/2080(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls upon the Agency to focus on disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets;
Amendment 1 #
2019/2079(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2018 / Postpones its decision on granting the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the budget of the Centre for the financial year 2018;
Amendment 3 #
2019/2079(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2018 / Postpones the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2018;
Amendment 6 #
2019/2079(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. NotWelcomes that the Centre continues to share best practices and regularly works with other agencies, most notably the European Food Safety Authority, the European Medicines Agency and the European Monitoring Centre for Drugs and Drug Addiction; acknowledges, furthermore, that the Centre participates in inter-institutional procurements organised by other agencies; strongly encourages the Centre to actively seek further and broader cooperation with all of the Union agencies;
Amendment 8 #
2019/2079(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Centre to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 2 #
2019/2077(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Executive Director of the European Union Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2077(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Union Aviation Safety Agency for the financial year 2018/ Postpones the closure of the accounts of the European Union Aviation Safety Agency for the financial year 2018;
Amendment 6 #
2019/2077(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with appreciation that the Agency shares resources on overlapping tasks with other Agencies, including notably the European Food Safety Agency, the European Training Foundation, the European Securities Market Authority, in the areas of surveys, e-learning, cloud and LinkedIn services and environment awareness training; strongly encourages the Agency to actively keep seeking further and broader cooperation with all of the Union agencies;
Amendment 10 #
2019/2077(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern from the Court’s report that, for the procurement of data analytics services for a volume of up to 5 000 000 EUR, the Agency chose to use a framework contract with a single operator resulting from an open procedure published in the Official Journal of the Union; notes, however, that the terms used in the framework contract were not specific enough to allow a fair competition, because the requirements were not yet known at the time of the procurements procedure; recalls that, according to the Financial Regulation, in such circumstances, the contracting authority has to award a framework contract to multiple operators and a competitive procedure between the selected contractors has to be used for the specific purchases; takes notes on the Agency’s reply that it chose a single framework contract rather than a multiple framework contract which would have resulted in a change of contractor during the lifetime of the framework contract and would have had severe consequences in terms of coherence and timely completion; calls on the Agency to design framework contracts which allow fair competition and ensure value for money;
Amendment 11 #
2019/2077(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes, in light of comments and observations from the discharge authority related the use of some of the tools launched by the Commission aimed to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e-procurement), that the Agency provides since January 2018 the possibility for all suppliers to electronically submit electronic invoices; notwelcomes, moreover, that by the end of 2018 more than 80% of invoices have been received electronically; however, notes that the processing of electronically received invoices and the encoding of the invoice data is done manually due to the fact that this is considered to be the most reasonable solution;
Amendment 12 #
2019/2077(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 1 #
2019/2076(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2076(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2018/ Postpones the closure of the accounts of the European Maritime Safety Agency for the financial year 2018;
Amendment 6 #
2019/2076(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Agency cooperates with the European Fisheries Control Agency and the European Border and Coast Guard Agency for what concerns the European coastguard function; further strongly encourages the Agency to seek further and broader cooperation with all of the Union agencies;
Amendment 9 #
2019/2076(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, on 31 December 2018, the establishment plan was 97,21 % filled, with 210 Officials and Temporary Agents (TAs) appointed out of 212 Officials and TAs authorised under the Union budget (212 authorised posts in 2017); notes that in addition 30 Contract Agents and 17 Seconded National Experts have been working for the Agency in 2018; notes that, on 31 December 2018, the establishment plan was 97,21 % filled, with 209 Officials and Temporary Agents (TAs) appointed out of 215 Officials and TAs authorised under the Union budget (212 authorised posts in 2017); notes that in addition 30 Contract Agents and 17 Seconded National Experts have been working for the Agency in 2018; encourages the Agency to perform a research on the topic of sharing staff among other Union agencies, with a special emphasis on possibilities of further connection of administrative staff with other Lisbon-based Agencies, namely the European Monitoring Centre for Drugs and Drug Addiction;
Amendment 13 #
2019/2076(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 4 #
2019/2075(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Foundation’s agreements and annual action plans on cooperation in areas of policy overlap with the European Foundation for the Improvements of Living and Working Conditions and with the European Centre for the Development of Vocational Training; appreciates that the Foundation became the leader of the inter-Agency contract for the provision of benchmarked staff engagement surveys; commends this practice as an example worth following; strongly encourages the Foundation to actively seek further and broader cooperation with all of the Union agencies;
Amendment 6 #
2019/2075(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 8 #
2019/2075(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls upon the Foundation to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 3 #
2019/2074(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Administrative Director of the European Union Agency for Criminal Justice Cooperation (Eurojust) discharge in respect of the implementation of Eurojust’s budget for the financial year 2018/ Postpones its decision on granting the Administrative Director of the European Union Agency for Criminal Justice Cooperation (Eurojust) discharge in respect of the implementation of the Eurojust’s budget for the financial year 2018;
Amendment 4 #
2019/2074(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of Eurojust for the financial year 2018/ Postpones the closure of the accounts of the Eurojust for the financial year 2018;
Amendment 9 #
2019/2074(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Eurojust to look into the possibility of sharing resources for overlapping tasks among other agencies with similar activities; strongly encourages Eurojust to actively seek further and broader cooperation with other Union agencies;
Amendment 12 #
2019/2074(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, following the Court’s suggestion of previous years, Eurojust has, since June 2019, been advertising vacancies on the website of the European Personnel Selection Office, making use of the capability to publish the titles of such vacancies in all the Union’s official languages with a link to the full text in the English language only; encourages Eurojust, in relation to lower-ranking staff, to consider the possibility of sharing staff and resources with other Union agencies;
Amendment 18 #
2019/2074(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Eurojust to focus on disseminating the results of its research to the general public, and to reach out to public via social media and other media outlets;
Amendment 2 #
2019/2073(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018/ Postpones its decision on granting the Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 3 #
2019/2073(DEC)
1. Approves the closure of the accounts of the European Medicines Agency for the financial year 2018/ Postpones the closure of the accounts of the European Medicines Agency for the financial year 2018;
Amendment 24 #
2019/2073(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 25 #
2019/2073(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 2 #
2019/2072(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2018 / Postpones its decision on granting the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2018;
Amendment 3 #
2019/2072(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2018 / Postpones the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2018;
Amendment 6 #
2019/2072(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NotWelcomes that the Centre implemented two actions to share resources with other agencies on overlapping tasks through the EU Agencies Network: a shared services catalogue, which lists all the services that can be shared by the agencies, and a joint procurement portal on which the agencies’ procurement plans are shared; strongly encourages the Centre to actively seek further and broader cooperation with all of the Union agencies, especially given its strategically well suited location in Luxembourg, where many other Union agencies are headquartered;
Amendment 11 #
2019/2072(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that, although the Centre is not fee-financed, it depends on revenue received from its clients, who are represented on the Centre’s management board, and that there is therefore a high risk of conflicts of interests regarding the pricing of the Centre’s products which could be remedied if the Commission collected the fees on behalf of the Centre’s clients, leading to the Centre being fully funded from the Union budget; acknowledges the Centre’s comment that the possibility of being funded from the Union budget would require an agreement between the Commission and the budgetary authority; calls on the Centre to report to the discharge authority on measures taken in order to mitigate such a risk;
Amendment 12 #
2019/2072(DEC)
9. NotWelcomes the launch, in 2018, of the new version of the Inter Active Terminology for Europe database intended to increase the Centre’s public visibility and online presence; calls upon the Centre to further aim its focus on disseminating the results of its work to the general public, and to reach out to the public via the social media and other media outlets;
Amendment 2 #
2019/2071(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 5 #
2019/2071(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2018/ Postpones the closure of the accounts of the of the European Agency for Safety and Health for the financial year 2018;
Amendment 6 #
2019/2071(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Agency uses certain key performance indicators to measure its performance and to enhance its budget management; notes, furthermore, that the Agency adopted in 2018 a new framework for performance indicators; notes that during 2019 the Agency has engaged together with Eurofound, Cedefop and the European Training Foundation in review of the methodology for administrative indicators with a view to look into possible streamlining; encourages the Agency to further explore the possibilities of inter- institutional collaboration and streamlining of best practices;
Amendment 7 #
2019/2071(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. NotWelcomes that in 2018 the Agency initiated an ex-post evaluation for its activity ‘Large-scale foresight’; recognises that the outcome of this evaluation will be particularly useful to feed in the new foresight cycle and the 2022-2024/5 Healthy Workplaces Campaign on OSH and Digitalisation; encourages the Agency to continue its exploration of possible ways of task-sharing among other agencies, with particular emphasis on sharing of resources on overlapping tasks among other agencies with similar activities;
Amendment 10 #
2019/2071(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 12 #
2019/2071(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 14 #
2019/2071(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the Agency recast its performance indicators framework in 2018 to take into account Parliament´s observation regarding the need to make performance information accessible and readable to stakeholders and the general public; awaits with interest the first report on the new indicators which will be available in 2019;
Amendment 1 #
2019/2070(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Environment Agency discharge in respect of the implementation of the budget of the Agency for the financial year 2018;
Amendment 3 #
2019/2070(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Environment Agency for the financial year 2018 / Postpones the closure of the accounts of the European Environment Agency for the financial year 2018;
Amendment 5 #
2019/2070(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes that, according to the Agency, substantial progress was made in the sharing of resources on overlapping tasks among other agencies with similar activities; also notes that the Agency shared efforts with other science-based agencies including the European Chemicals Agency and the European Food Safety Authority on issues around human health;
Amendment 10 #
2019/2070(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NoteSupports the suggestion of the Court to publish vacancy notices also on the website of the European Personnel Selection Office in order to increase publicity; understands the Agency’s reply concerning the translation costs triggered by such publication; notes that the Agency publishes vacancy notices on the EU Agencies’ Network website and on social media to increase publicity;
Amendment 13 #
2019/2070(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes with concern from the Court’s report that for the provision of Copernicus local land monitoring services, the Agency contracted services for an amount above the ceiling of the governing framework contract but did not formalise it through a contract amendment; notes from the Agency’s reply that it considers that the increase of the budget ceiling was made in accordance with the guidance from the Commission;
Amendment 16 #
2019/2070(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 17 #
2019/2070(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 18 #
2019/2070(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls upon the Agency to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 1 #
2019/2069(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2018 / Postpones its decision on granting the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the budget of the Centre for the financial year 2018;
Amendment 5 #
2019/2069(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2018 / Postpones the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2018;
Amendment 7 #
2019/2069(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Centre measures the achievement of its 66 annual targets with 50 key performance indicators (KPIs), which are divided into eight strategic objectives, to assess the added value provided by its activities, and to improve its budget management; notes that, starting from 2019, the Centre put in place a new performance model which is based on a limited number of KPIs, ten to be precisebased on ten KPIs, which will be used to measure its effectiveness in delivering the desired outputs and its efficiency in using the resources allocated to that end;
Amendment 10 #
2019/2069(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with appreciation that the Centre continues to share synergies with the European Maritime Safety Agency in corporate and support services and the management of common premises in Lisbon, and that these synergies also relate to ICT, telecommunications and internet- based infrastructures and services; acknowledges that operational synergies have been put in place with other Union agencies in the areas of justice and home affairs and health; commends this way of cohabitation of the two agencies as an example worth following;
Amendment 12 #
2019/2069(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 21 #
2019/2069(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls upon the Centre to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 3 #
2019/2068(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2018 / Postpones its decision on granting the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2018;
Amendment 5 #
2019/2068(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2018 / Postpones the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2018;
Amendment 8 #
2019/2068(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the Agency’s cooperation with other agencies, in particular the European Foundation for the Improvement of Living and Working Conditions, the European Border and Coast Guard Agency, the European Institute for Gender Equality, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, the European Union Agency for Criminal Justice Cooperation, and the European Asylum Support Office, in order to achieve common policy objectives; welcomes the fact that, in addition, the Agency regularly supports other Union agencies to reflect obligations stemming from the Charter of Fundamental Rights of the European Union (the ‘Charter’) in their work; deems it necessary for the Agency to continue the development of strong ties with other relevant Union institutions; encourages the Agency to explore ways of sharing resources and staff on overlapping tasks among other agencies with similar activities;
Amendment 12 #
2019/2068(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Questions the necessity of an agency dedicated specifically for the purpose of research of fundamental rights; appeals to the Commission to consider merging the Agency with the European Institute for Gender Equality ('EIGE'); underlines that the Agency and the EIGE have a similar field of operation and the merger would simplify the funding of the two agencies, as well as clarify the system of European agencies for the general public;
Amendment 13 #
2019/2068(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Authorizes the Commission to conduct a feasibility study in order to assess the possibility of, if not fully merging, at the very least setting up shared synergies with EIGE; calls upon the Commission to evaluate both scenarios, namely the transfer of the Agency to EIGE Headquarters in Vilnius, and the transfer of EIGE’s Headquarters to the Agency’s Vienna Headquarters; notes that such an act would mean sharing corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet-based infrastructures, thereby saving huge amounts of money which would be applied towards further funding of both agencies;
Amendment 17 #
2019/2068(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the Agency’s existing measures, and welcomes its ongoing efforts in relation to securing transparency, in relation to prevention and management of conflicts of interest, and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018;
Amendment 21 #
2019/2068(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls upon the Agency to direct its focus at disseminating the results of its research to the general public, and to reach out to the public via social media and other media outlets.
Amendment 1 #
2019/2067(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) discharge in respect of the implementation of the Foundation’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) discharge in respect of the implementation of the Foundation’s budget for the financial year 2018;
Amendment 3 #
2019/2067(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the financial year 2018/ Postpones the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the financial year 2018;
Amendment 5 #
2019/2067(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to conduct a feasibility study in order to assess the possibility of merging the Foundation with Cedefop; underlines that the Foundation and Cedefop have a very similar field of operation and the merger will simplify the funding of the two Agencies, as well as clarify the system of European Agencies to the general public; calls upon the Commission to consider at least setting up shared synergies with the Cedefop; calls upon the Commission to evaluate both scenarios, e. g. the transfer of the Foundation to the Thessaloniki Headquarters of Cedefop, and the Cedefop transfer to the Foundation Headquarters in Loughlinstown; notes that such an act would mean sharing corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet-based infrastructures, saving large amounts of money which would be used on further funding of both agencies;
Amendment 9 #
2019/2067(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls upon the Foundation to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 16 #
2019/2067(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret from the Court’s report that the ex-ante controls performed by Eurofound within the context of intermediary services provided by a framework contractor were not effective, as well as the Court’s observation that the Foundation should adapt ex-ante controls on payments under such contracts and ensure the existence of a competitive procedure for all procurements; notes from the Foundation’s reply that the respective framework contract had expired and the new one had successfully addressed the issues raised by the Court; recognises that the Foundation had only limited input in the design and the pricing structure of this respective contract as it was an inter- institutional contract led by the Commission’s DG DIGIT;
Amendment 1 #
2019/2066(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2018 / Postpones its decision on granting the Executive Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2018;
Amendment 3 #
2019/2066(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2018 / Postpones the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2018;
Amendment 6 #
2019/2066(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the external evaluation, to which the Centre was submitted in 2017, as required by the financial rules, concluded that the Centre’s reinforced cooperation with the three other decentralised agencies within the Directorate-General Employment’s remit - the European Training Foundation (ETF), the European Agency for Safety and Health at Work (EU-OSHA) and the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) - emerged as a feasible option; notes that the Centre’s recast founding regulation, which came into force in February 2019, took up the outcome of this external evaluation;
Amendment 7 #
2019/2066(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 9 #
2019/2066(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Authorizes the Commission to conduct a Feasibility Study in order to assess the possibility of, if not fully merging, at the very least setting up shared synergies with the EUROFOUND; calls upon the Commission to evaluate both scenarios, e. g. the transfer of the Centre to the EUROFOUND Headquarters in Loughlinstown, and the transfer of the EUROFOUND Headquarters to the Centre’s Thessaloniki Headquarters; notes that such an act would mean sharing corporate and support services and the management of the common premises, as well as shared ICT, telecommunications and internet-based infrastructures, saving huge amounts of money which would be used on further funding of both agencies;
Amendment 11 #
2019/2066(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the Centre has been taking measures in light of the observations and comments from the discharge authority related to the Centre’s new head of service for human resources, which took up duties in January 2019, as well as to the decision to externalise the Centre’s legal service; notes with concern that, given the high number of legal cases the Centre is confronted with, the full outsourcing of legal services creates a risk to the consistent treatment of cases and to the principle of efficiency; calls on the Centre to report to the discharge authority of any developments in this regard; notes that a merger of the Centre and the EUROFOUND would create a stronger legal service with no need of externalization;
Amendment 18 #
Amendment 19 #
2019/2066(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls upon the Centre to aim its focus on disseminating the results of its research to the general public, and to reach out to public via the social media and other media outlets;
Amendment 8 #
2019/2064(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with concern the irregularitiesCalls the EEAS to exercise constant vigilance on theits building administration policy of the EEAS; stresses the need for sufficient explanation of accusations of EEAS being involved in corruptive cases related to its building administration policyand in particular to ensure any suspected cases of fraud or corruption that may be detected when buying, renting or managing buildings are immediately addressed; calls on the EEAS to provide eventually sufficient explanation on such tendersits tender procedures and the cost of the buildings in the remit of the discharge exercise;
Amendment 5 #
2019/2055(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the European Court of Auditors (ECA) found a significant increase in payment claims for the European Structural and Investment funds (ESI funds) which include the European Social Fund, by Member States in 2018; notes at the same time, that for those funds absorption had continued to be slower than planned - a phenomenon that had contributed to increasing ESI funds outstanding commitments; regrets those delays in the implementation of the ESI funds, which will continue to affect the final years of this MFF; fully supports the ECA’s recommendation that the Commission takes measures to avoid undue pressure on the level of payment appropriations in the first years of the 2021-2027 MFF;
Amendment 14 #
2019/2055(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges that the number of warning letters and interruptions significantly increased in 2018 compared to previous year due to the increased number of assurance packages received in February 2018 and the results of the compliance audits performed during the year;
Amendment 25 #
2019/2055(DEC)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Regrets that targeting aid to any given vulnerable group is left to the discretion of the partner organisations, with the associated risk of a scattering effect of the limited funding; also regrets the fact that the ECA could not identify how well FEAD and other support schemes (whether national or the ESF) complemented each other and emphasises the need to further improve synergies between FEAD and the ESF in 2019 and 2020;
Amendment 32 #
2019/2055(DEC)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Urges that under the EaSI strand, the ESF+ should include a series of improvements, including a sharper focus on disadvantaged groups, greater budgetary flexibility and better integration between the current activities;
Amendment 34 #
2019/2055(DEC)
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Notes in particular that the mid- term evaluation highlighted a number of ways to improve the implementation of the employment and social innovation programme, especially trough the simplification of procedures, improved internal consistence and linkages with other funds;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the 2020 budget should contribute towards achieving the implementation of the European Pillar of Social Rights and the Europe 2020 targets in the social and employment area, which seem to be within reach as regards the employment rate target but remain far from being achieved as regards the target of reducing the number of people at risk of poverty or social exclusion; stresses, in this regard, the need for comprehensive policy reforms and integrated approaches that combat youth and long-term unemployment and the often neglected issue of elderly employability;
Amendment 27 #
2019/2028(BUD)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the European Commission and the Member States to allow for the necessary flexibility in the implementation of the Union programmes for 2020, in particular the European Globalisation Adjustment Fund, to cover the impact of the withdrawal of the United Kingdom from the European Union on workers and entities established in the Member States; welcomes, in this regard, the Commission proposal to amend the scope of the current EGF programme to enable support to workers displaced as a result of disruptions caused by a withdrawal of the United Kingdom from the EU;
Amendment 31 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges the forthcoming rationalisationstreamlining of the current ESF, the YEI, the FEAD, the EaSI and the European Health Programme under the ESF+ as of 2021; reiterates its position to increase the ESF+ to EUR 120 457 000 000 in current prices under the MFF 2021-2027; calls on the Commission to present financial information in a manner that makes it comparable with performance information; expresses concerns on the substantial decrease (by EUR 5 million) proposed by the Council on the PROGRESS axis of EaSI; stresses, in this regard, that all legislative and budgetary revisions should be based on evidence, understanding of their impacts and in line with the better regulation agenda, as well as related recommendations of the European Court of Auditors;
Amendment 42 #
2019/2028(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by more than 330 million euros in 2020 and decrease the number of temporary agents by 52; rejects the Commission’s proposal of substantial reduction of contract agents at Europol, which will jeopardise the operational activities of the Agency; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
Amendment 47 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that, despite the fact that the internal security threats remain high, the Union’s substantial investments in the protection of its external borders has not been matched with increased funding of the Union’s internal security mechanisms, such as Europol, and stresses the importance of robust Union investments in the area of internal security with a view to enhancing Union law enforcement cooperation and promoting information exchange among Member States;
Amendment 49 #
2019/2028(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Acknowledges Europol´s increasing role in combating terrorism and organised crime, as well as in strengthening cross-border cooperation in the field of law enforcement;
Amendment 51 #
2019/2028(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Supports the implementation of Europol’s Strategy 2020+, aiming at strengthening Europol’s operational support and analytical capabilities to the benefit of the Member States and proposes new investments in important crime areas, such as the fight against drug trafficking and financial crime;
Amendment 56 #
2019/2028(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the proposal from the Commission regarding the budget for eu- LISA, as well as the proposal concerning the allocation of additional staff, which is highly relevant taking into account all the new tasks assigned to the Agency and its operational needs; emphasises the importance of timely implementation of the Entry-Exit System, ETIAS and Interoperability Regulations and the role of eu-LISA for its achievement; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) in 2020, compared with the previous year, corresponds to the planning for implementation of the Entry- Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross-border serious crime in full compliance with fundamental rights;
Amendment 56 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Reiterates that pilot projects (PPs) and preparatory actions (PAs), if they are carefully prepared, are very valuable tools to initiate new activities and policies in the fields of employment and social inclusion and could be used for data and evidence collection in order to improve future Union employment policies;
Amendment 58 #
2019/2028(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission, when assessing pilot projects and preparatory actions, to place emphasis on their originality and the possibility of their subsequent adaptation;
Amendment 59 #
2019/2028(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that it is paramount for Parliament to be given regular updates on the various stages of the implementation of pilot projects and preparatory actions by the Commission, including proper evaluation of the results and their added value to the European citizens.; emphasises the importance of a transparent approach by the Commission when assessing pilot projects and preparatory actions;
Amendment 61 #
2019/2028(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Supports the Commission’s proposed budgetary increase for the European Border and Coast Guard Agency in 2020 which is necessary in order to implement the Agency’s enhanced mandate;
Amendment 63 #
2019/2028(BUD)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Points out the fact that the budget of the EBCG has increased, in a commensurate manner to its mandate evolution, by 34,8 % (+108million euros) in 2020 which is by far the largest increase among all JHA agencies;
Amendment 271 #
2019/0254(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of factually incorrect applications, except in cases where the error could not reasonably have been detected by the farmer or in violation of the rule on the conflict of interests, as stated in Article 61 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 1a, except in cases where the error could not reasonably have been detected by the farmer. __________________ 1aRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 57 #
2018/2219(DEC)
Motion for a resolution
Paragraph 277 – indent 3
Paragraph 277 – indent 3
- for the programming period post- 2020, provide structured guidance to Member States on the use of other rural development measures to support improved animal welfare standards, in order to give farmers a wider range of incentives to improve animal welfare, with a view to a complete abolishment of the cruel factory farming practices in the EU;
Amendment 5 #
2018/2218(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the Joint Undertaking has a specific tripartite approach and the members of the Joint Undertaking are the Union, the Member States and, on a voluntary basis, the countries associated to Horizon 2020 (‘Participating States’) and private member associations (‘Private Members’) that represent their constituent companies and other organisations active in the field of electronic components and systems in the Union; whereas the Joint Undertaking should be open to new members;
Amendment 6 #
2018/2218(DEC)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the main objective of the Joint Undertaking is to contribute to the development of a strong and globally competitive electronic components and systems industry in the Union, building on aligned strategies of the Member States to attract private investments;
Amendment 9 #
2018/2218(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the complexity of the Joint Undertaking´s budgetary and accounting model stemming from its tripartite nature; notes that the Joint Undertaking would welcome further simplification and streamlining of accounting and auditing;
Amendment 10 #
2018/2218(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. TWelcomes the Joint Undertaking´s strong position in its area of expertise across whole Europe and its ability to create an interconnected ecosystem of relevant stakeholders; takes note of the fact that experts underscore that the Joint Undertaking attracts the best European players in the semiconductor and systems domains; calls on ECSEL to involve more SMEs;
Amendment 12 #
2018/2218(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note of the facNotes with regret that the Court noticed significant shortcomings in the management of the procurement procedures for administrative services; notes from the Joint Undertaking’s replies that a budget, procurement and contracts assistant has been nominated to handle this problem;
Amendment 13 #
2018/2218(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the facNotes with regret that in 2017, the Joint Undertaking had not properly documented in its register of exceptions management overrides of controls nor deviations from established processes and procedures; observes from their replies that the Joint Undertaking has taken actions to address this issue, like revising Internal Control Standard 8, that it has a register of exceptions and that a training session took place for its staff in 2018;
Amendment 15 #
2018/2218(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that in 2017 the Commission Internal Audit Services performed an audit on performance management and requested that the Joint Undertaking formulate an action plan to address the recommendations in that report14 ; notes that an Action Plan was adopted by the Joint Undertaking´s Governing Board in April 2018; _________________ 14 AAR, p.51
Amendment 3 #
2018/2217(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the objectives of the Joint Undertaking are: (a) to achieve a Single European Railway Area; (b) to enhance the attractiveness and competitiveness of the European railway system and to drive forward its innovative technologies and solutions; (c) to ensure a modal shift from road transport; and (d) to maintain the European rail industry’s leading position in the global market;
Amendment 4 #
2018/2217(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the final 2017 budget available for implementation included commitment appropriations of EUR 68 600 000 and payment appropriations of EUR 44 100 000; stresses that the utilisation rates for commitment and payment appropriations were 94 % and 79 % respectively which represent a low level especially for payment appropriations; notes moreover that most of the payments made by the Joint Undertaking in 2017 were pre-financing payments for Horizon 2020 projects selected under the 2017 calls for proposals; notes that the Joint Undertaking´s unused payment appropriations from previous years amounted to 7,6 million EUR; notes that according to the Joint Undertaking´s reply the full amount was considered to cover the first quarter of 2018 due to the timing of the Commission´s payment;
Amendment 6 #
2018/2217(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes that the Commission’s Interim Evaluation on the Joint Undertaking’s operating activities under Horizon 2020 covering the period from 2014 to 2016 was carried out; notes that an Action Plan has been prepared and adopted by the Governing Board; in June 2018; notes that some actions have been already initiated and takes into consideration that not all recommendations will be addressed under the current Financial Framework Programme;
Amendment 7 #
2018/2217(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the Joint Undertaking´s synergies with other Union programmes and funds, e.g. "the Stairways to Excellence" Pilot Project of the European Parliament, and welcomes the cooperation with other relevant projects, such as SEESAR or Rail Baltica Project;
Amendment 8 #
2018/2217(DEC)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Welcomes the activities undertaken towards increasing the online visibility of the Joint Undertaking; notes restructuring of the website, introduction of the bimonthly newsletter, the increase in the number of visitors, social media followers and press coverage;
Amendment 9 #
2018/2217(DEC)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Welcomes the fact that the Joint Undertaking has put in place a tailor- made anti-fraud strategy complementing the Horizon 2020 strategy, including an assessment of its risks and opportunities.
Amendment 7 #
Amendment 8 #
2018/2216(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes that the Joint Undertaking has adopted Rules on prevention and management of conflict of interest covering staff and bodies in November 2017;
Amendment 9 #
2018/2216(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Notes that on 31 December 2017 the staff total posts filled of the Joint Undertaking was 26, representing 11 different Member States;
Amendment 10 #
2018/2216(DEC)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Welcomes the numerous communication activities organised in 2017 that further contributed to increased visibility of the Joint Undertaking;
Amendment 9 #
2018/2215(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the strategy to involve SMEs as IMI Joint Undertaking´s beneficiaries and thus contributing to creation of a value chain; further welcomes the involvement of the patients organisations; acknowledges that at the end of 2017 approximately 50% of IMI Joint Undertaking´s projects had patient organisations engaged in some sort of way;
Amendment 10 #
2018/2215(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes that the Joint Undertaking prepared an Action Plan in November 2017 including a wide set of actions to be implemented, of which some were already initiated, such as development of webinars, participation of SMEs, etc.
Amendment 12 #
2018/2215(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Welcomes the new website launched in 2017, which is reflecting the suggestions of IMI Joint Undertaking´s main stakeholders and its own communication objectives and contributes to further visibility of the Joint Undertaking;
Amendment 8 #
2018/2214(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that by the end of 2017, the Joint Undertaking’s staff was almost complete, with 20 posts filled out of a total of 22 posts allocated to the Joint Undertaking by the staff establishment plan; takes note that the Joint Undertaking recruited 2 temporary agents and 2 contract agents during 2017; notes, moreover, that in order to address additional workload, the Commission authorised the Joint Undertaking to split one position in the establishment plan into one temporary agent with a lower grade and one additional contract agent; takes note that that measure is still pending on the approval of the Governing Board; calls on the Joint Undertaking to report to the discharge authority on this resolution;
Amendment 9 #
2018/2214(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the Commission’s Interim Evaluation on the Joint Undertaking’s activities from 2014 to 2016 was carried out, an aAction pPlan was prepared to address the recommendations raised, ande.g. the promotion of new value chains with the involvement of new actors, encouragement of further national and regional bio economy strategies in the Member States, better coordination with the Commission to avoid double financing, increasing to the maximum level the possible industry´s financial and in-kind contributions, etc.; several actions have already been undertaken;
Amendment 7 #
2018/2213(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Appreciates that, withNotes with satisfaction that the final call for Core Partners, which led to the establishment of full complement of 245 private members of the programme (including their participating affiliates), 192 of which were selected via the calls for Core Partners;
Amendment 9 #
Amendment 10 #
2018/2213(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the 2017 reinforcement of the Joint Undertaking´s digital strategy at its website and social media channels and other activities leading to strengthened visibility of the Clean Sky 2 and further welcomes stronger coordination with its stakeholders;
Amendment 11 #
2018/2213(DEC)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Notes that on 31 December 2017 the Join Undertaking had 39 posts filled; notes that in 2017 the Joint Undertaking launched the recruitment procedure of 2 positions;
Amendment 4 #
2018/2212(DEC)
Motion for a resolution
Recital D
Recital D
D. whereas the maximum Union contribution for the deployment phase of the SESAR 2 Programme 20147 to 2024 funded by Horizon 2020 is EUR 585 000 000; whereas under the new Horizon 2020 Membership Agreements, the contribution from Eurocontrol is expected to be around EUR 500 000 000, and the other partners from the aviation industry will contribute with at least EUR 720 700 000, and being around 90 % the in-kind contributions from Eurocontrol and other partners;
Amendment 5 #
2018/2212(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that at the end of 2017, the Joint Undertaking operated under four different sources of funding; notes the diversity of applicable legal frameworks with own templates and obligations under which the Joint Undertaking operates and acknowledges the high degree of complexity of such model;
Amendment 8 #
2018/2212(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes noteRegrets that the external auditor observed shortcomings in the Joint Undertaking’s financial control processes which are mainly due to the complex financial regulatory framework, the recent departure of key finance staff and the overload of work in the finance department;
Amendment 9 #
2018/2212(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that as regards SESAR 1, the audit work is almost completed, after 20 audit exercises in seven selected Members were planned of which 18 were completed in 2017 as part of the fourth cycle of audits as described in the Ex-Post Audit Strategy of the Joint Undertaking; congratulatwelcomes that the residual error rate for the year 2017 was 0,36%;
Amendment 10 #
2018/2212(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Observes that the Commission´s Interim Evaluation on the Joint Undertaking´s operating activities under Horizon 2020 covering the period from 2014 to 2016 was carried out; notes that the Joint Undertaking´s Administrative Board adopted an Action Plan in May 2018, which includes a number of activities that have been already initiated;
Amendment 11 #
2018/2212(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that in 2017, the Court published a special report on the Single European Sky Initiative; takes noteregrets that this report together with the Commission’s final evaluations observed delays in the execution of the ATM Master Plan and the misalignment between the fixed regulatory lifespan of the Joint Undertaking’s activities and the planned duration of the work expected; further notes the Court´s emphasis on the Joint Undertaking´s need to reinforce its accountability on the execution of the Master Plan.
Amendment 7 #
2018/2211(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with regret that the Court’s report found that the results, which were presented to the Joint Undertaking’s Governing Board in December 2016, indicated an expected additional funding requirement of EUR 5 400 000 000 to that already committed for the construction phase after 2020, which represents an increase of 82 % in relation to the approved EUR 6 600 000 000 budget; reiterates the fact that the amount of EUR 6 600 000 000 adopted by the Council in 2010 serves now as a ceiling for the Joint Undertaking’s spending up to 2020; recognises that the additional funding required to complete the ITER project must involve future Multiannual Financial Framework commitments;
Amendment 10 #
2018/2211(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the fact that in addition to the construction phase, the Joint Undertaking will have to contribute to the ITER operational phase after 2035 and to the subsequent ITER deactivation and decommissioning phases; takes note that the contribution to the deactivation and the decommissioning phases were estimated at EUR 95 540 000 and EUR 180 200 000; is seriously concerned that the contribution for the operational phase has not yet been estimated; calls on the Joint Undertaking to estimate the cost of the operational phase as soon as possible;
Amendment 12 #
2018/2211(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that on 14 June 2017, the Commission issued a communication entitled ‘EU contribution to a reformed ITER project’, in which it suggested that a contingency of up to 24 months in terms of schedule and 10 to 20 % in terms of budget would be appropriate; notes in addition that the measures taken to respect the EUR 6 600 000 000 capped budget included postponing the procurement and installation of all components not essential to First Plasma; draws attention to the factis very concerned that while positive steps have been taken to improve the management and control of the ITER project construction phase, there remains an ongoing risk of further cost increases and delays in project implementation compared to the new proposed baseline; notes that the recognition of such risks must be appreciated by the Joint Undertaking and indeed all partiecalls on the Joint Undertaking and indeed all parties of the project to take appropriate action to identify and analyse all potential risks and set up an Action Plan that will also include a further analysis ofn the projecimpact of Brexit;
Amendment 15 #
2018/2211(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that in 2017, the Joint Undertaking’s governing board continued implementing the public procurement part of the anti-fraud strategy; notes that the Joint Undertaking adopted a checklist based in its own set of procurement fraud risk indicators, i.e., red flags, considered a prerequisite to the development of the Anti-fraud IT tool, having developed them internally; acknowledges that the use of the checklist is now being introduced in the internal processes of the Joint Undertaking together with other procurement changes; notes that the Ethics and Integrity sessions were given to newcomers;
Amendment 13 #
2018/2209(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with concern that, according to the Court’s report, the small number of staff creates significant risks for the continuity of the Agency’s operations, particularly considering that the head of the Application Management and Maintenance unit also occupied ad interim the posts of Head of the Operations Department and Head of the Operations and Infrastructure Unit and thereby combined the three highest management posts in the Operations Department; acknowledges that the Agency successfully delivered its mandate through the year, despite the lack of resources in the operational and horisontal functions in the Agency; supports the continued efforts necessary for staff retention and development in the Agency; welcomes in this regard the Agency’s countermeasure to appoint a different staff member as interim Head of the Operations and Infrastructure Unit;
Amendment 1 #
2018/2208(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the European Asylum Support Office (EASO) (‘the Agency’) is the only EU decentralised agency for which the Courts of Auditor’s (the ʽCourtʼ) did not deliver a clean opinion on the legality and regularity of payments; deplores that both the share of late payments and the average delay have further increased in relation to previous years; calls on EASO to improve the timeliness of the payments made in compliance with the financial regulation and increase increase the cost- effectiveness.
Amendment 12 #
2018/2208(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for a specific budget item allocated to activities supporting visibility and general awareness of the Agency; calls on the Agency to be more proactive in this regard by publishing information about its annual activities;
Amendment 2 #
2018/2200(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. NHighlights that in response to challenges imposed by migration Europol’s budget increased and its staff reinforced; notes than in 2017 the budget of Europol increased from 104 to 118 million and its staff from 737 to 834 full- time equivalents; welcomes in this context of growing activities the lack of remarks of the Court of Auditors regarding the execution of the 2017 budget of Europol; welcomes as well that most of the recommendations issued by the Courts of Auditors for previous years have been closed; highlights, in particular, that for 2017 the Court of Auditors does no longer report excessive carry-overs of commitment appropriations from the previous year (2016) to the current year (2017) for Title II (administrative expenditure);
Amendment 8 #
2018/2200(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with appreciation that the Agency carries out security tasks side-by- side with the European Border and Coast Guard Agency, the European Asylum Support Office and national authorities; notes moreover that the Agency shared legal advice with other Union agencies located in the Netherlands and joined in multiple interinstitutional-interagency procurement procedures; encourages the Agency to further develop its cooperation with the other institutions, bodies, offices and agencies of the Union in the field of justice and home affairs;
Amendment 3 #
2018/2195(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that for the second year in a row, the significant cancellations (17%) of budget appropriations carried over from the previous year; stresses that this indicates a significant overestimation of budgetary needs, notably on the part of public administrations of Member States and other cooperating countries; requests therefore the Agency to work with its partners to improve its budgetary forecasts; encourages the Agency to make use of simplified cost options and other funding mechanisms in addition to grants whenever possible to increase the cost- effectiveness;
Amendment 9 #
2018/2195(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that vacancy notices are published only on the Agency’s website and in a limited number of languages only; requests the Agency to systematically publish all its vacancies on the website of the European Personnel Selection Office (EPSO) in all Union languages in order to increase transparency for Union citizens; calls on the Agency to be more proactive in regard of visibility and general awareness by publishing information in wider range;
Amendment 6 #
2018/2190(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the Authority’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest, and; welcomes the recent Authority's decision on implementing rules laying down guidelines on whistle-blower's´ protection and confidentiality of their identity; welcomes the Authority’s updated policy on independence, which was adopted in 2017 after stakeholder and public consultation and which aims to build on from the policy it replaces in order to ensure that the Authority may reach a correct balance between attracting the relevant expertise from the scientific community but at the same time guarding its activities against any undue influence; welcomes also the new definition of what constitutes a conflict of interest which was adopted in the new Authority's policy on independence; welcomes further the publication on the Authority's website of the declarations of interest by the members of the Management Board; regrets that the publication of their CVs is still missing; notes with appreciation that the Authority implemented rules on competing interest management as of July 2018 replacing the rules on the declarations of interest of 2014;
Amendment 5 #
2018/2186(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with satisfaction that in 2017, Eurojust contributed to counter-terrorism projects of the European Union Agency for Law Enforcement Cooperation (Europol) and other justice and home affairs partners and furthermore participated in two joint tender procedures with Europol; notes with satisfaction that Eurojust intends to develop a procurement strategy aimed at further reaping the benefits of inter-agency and inter-institutional joint procurement procedures; strongly encourages Eurojust to further develop cooperation projects with the other institutions, agencies, offices and bodies of the Union, in the field of Justice and Home Affairs;
Amendment 1 #
2018/2180(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Court of Auditors' conclusions that the annual accounts of the Fundamental Rights Agency (FRA) (“The Agency”) present fairly its financial position on 31 December 2017 and that its transactions are legal and regular; welcomes the solid output of the Agency; further welcomes its pro-active approach towards the European Parliament;
Amendment 10 #
2018/2180(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for a specific budget item allocated to activities supporting visibility and general awareness of the Agency; calls on the Agency to be more proactive in this regard by publishing information about its annual activities;
Amendment 10 #
2018/2171(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the factNotes that, according to the Financial Regulation, the Court shall ensure that special reports are drawn up and adopted within an appropriate period of time which shall, in general, not exceed 13 months; notes that in 2017 it took an average of 14,6 months from the commencement of an audit task to adoption of the special report; notes that this was the shortest ave while also the year before the 13-month target timefragme duration since the start of the 2013-2017 period; regrets, however,for producing special reports was not met; regrets that only eight of the special reports (29 %) published during the year2017 complied with the 13 months target timeframe set out in the Financial Regulation; calls on the Court to continue improving its performance in this regard, while not compromising the quality of the special reports and the targeted nature of its recommendations;
Amendment 12 #
2018/2171(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the achievements of the Court in terms ofCourt's strategy for communication, 'Get clear messages across to our audience', and the communication activities aimed at increasing its visibility and media impact, including an increase of its outreach on social media; welcomes the use of extensive social media analytics to better understand to what extent target groups are reached and whether media campaigns have been successful; encourages the Court to continue striving for the best use of various communication channels to raise awareness of its work among citizens;
Amendment 17 #
2018/2171(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes that the Court obtained certification under the Eco-Management and Audit Scheme (EMAS); welcomes the Court’s measures to improve its waste management, increase its energy efficiency and reduce its carbon footprint and encourages it to continue with its efforts in this direction; welcomes the remarkable reduction in energy costs;
Amendment 18 #
2018/2167(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Secretary-General and all responsible DGs to work together to draft a comprehensive overview of reductions in staff numbers implemented from 2014 onwards, including moves by staff from administration to political groups and among institutions; underlines that this practice of staff rotation raises the question of whether job descriptions are appropriate; is strongly concerned that excessive staff reduction leaves Members and Accredited Parliamentary Assistants (APAs) with an additional administrative burden, which is to the detriment of the actual legislative work that Members and APAs are supposed to fulfil; underlines that a paperless office and the proper use of digital technology such as digital signature, two-step- verification and electronic files would lessen the administrative burden for all parties involved;
Amendment 28 #
2018/2167(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the Bureau examined a proposal by the Secretary- General to improve the current legal framework governing trainees employed by Members that currently lacks certain safeguards; underlines that it is every, as also asked by 140+ Member’s prerogative to provide trainees suitable remuneration in line with the legal frameworksupporting the Youth Intergroup "Fair Internship" campaign; supports the Secretary- General in his effort to draft a comprehensive and balanced proposal to review this situationhat guarantees Members´ prerogatives as well as adequate remuneration and comprehensive legal safeguards for trainees; calls for the Bureau to swiftly adopt the new rules, that should enter into force at the beginning of the new term;
Amendment 52 #
2018/2167(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes the opening of the House of European History in May 2017 and the Simone Veil Parlamentarium in Strasbourg in July 2017; notes that between May and December the House of European History welcomed 99 344 visitors; regrets that its opening was delayed for more than one year; is concerned that 99 344 visitors seems few relative to costs of EUR 4,4 million in staff costs: EUR 2,7 million for permanent staff and EUR 1,7 million for contract agents (including the cost of the security agents); invites the Bureau to undertake a cost- benefit analysis and assess whether this significant amount of money is being spent wisely;
Amendment 130 #
2018/2167(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Notes that the new Parliament’s travel service will start operating on 1 January 2019; welcomes the fact that the new contract contains strengthened conditions, in particular with regard to ticket pricing and the availability of the travel service’s call centre at all times, including at weekends; stresses again the importance of a simple and user-friendly complaints mechanism to quickly highlight shortfalls, which allows for speedy resolution of any problems; emphasises that attention needs to be paid to the specific requirements of Members and their need for tailor-made services; is doubtfuloptimistic that services will significantly improve since former BCD staff will be taken on by the new travel serviceimprove under the new leadership;
Amendment 130 #
Amendment 131 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47c. Is deeply worried that an EU legal document, dated 19 November 2018, pointed out that the situation of Czech Prime Minister qualifies as a conflict of interest, because he could influence decisions on the use of Union funds of which companies linked to him had benefited;
Amendment 132 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47d. Notes that the Agrofert Holding is the single biggest group in Czech agriculture and food industry, second largest in chemistry and plays a significant role also in forestry; furthermore recalls that Agrofert is also an owner of the MAFRA Publishing Company a.s., one of the largest media groups publishing some of the most popular printed and online media, such as MF DNES, Lidové noviny, iDnes; calls on the Commission to investigate also the situation of the Czech PM as media owner to draw clean conclusions from this case;
Amendment 133 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47e. Notes with deep regret that, despite multiple alerts raised by the European Parliament, the Commission has reacted to the issue of the Czech PM only after Transparency International Czech Republic filed a complaint against the conflict of interest of Mr Babiš in June 2018;
Amendment 134 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 f (new)
Paragraph 47 f (new)
47f. Recalls that the Commission services have asked the national authority responsible for the coordination of EU Funds (Ministry of Regional Development) to provide the following information with respect to funding to enterprises being part of the his company holding: (a) list of all projects financed by the ERDF, Cohesion Fund, ESF, EAFRD which relate to the AGROFERT group since 2012 when the current Prime Minister entered as Minister of Finance the government, and whether the projects are still ongoing or have been completed; (b) the amounts granted, already paid and still to be paid (as well as the Fund concerned) to these companies or to other companies of the AGROFERT group to allow us i) to confirm the amounts mentioned in the complaint and ii) possibly identify other funding, if any; (c) periods when such amounts were granted and paid; (d) whether the projects were subject to verifications (administrative and/or on- the-spot) with respect to such funding and the outcome of such verifications;
Amendment 135 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 g (new)
Paragraph 47 g (new)
47g. Welcomes that the Czech Ministry of Regional Development has collected the requested information from the different managing authorities concerned and has forwarded it to the Commission;
Amendment 136 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 h (new)
Paragraph 47 h (new)
47h. Asks the Commission what action it intends to take in light of the recent legal appreciation of the situation;
Amendment 137 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 i (new)
Paragraph 47 i (new)
47i. Recalls that the European Parliament asked last year the Commission to speed up the conformity clearance procedure opened on 8 January 2016 to get detailed and precise information on the risk of conflicts of interest concerning the State’s Agricultural Intervention Fund in the Czech Republic;
Amendment 142 #
Amendment 143 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 l (new)
Paragraph 47 l (new)
47l. Notes that there are currently 6 conformity enquiries ongoing in relation to Slovakia; for Rural Development, DG AGRI audits have found a number of deficiencies in the management and control of investment and forestry measures; as regards the management of the area-based direct payments, a DG AGRI audit performed in 2017 indicated that there are certain weaknesses in the administration and control system and an OLAF investigation is currently ongoing on allegations of fraud;
Amendment 144 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 m (new)
Paragraph 47 m (new)
47m. Asks the Commission to speed up the conformity procedures and keep the EP informed about the follow-up; is of the opinion that measures could be taken on the basis of the financial regulation pending the outcome of the enquiries, as for instance the interruption or suspension of the funds; calls on the Commission to examine the possibility to withdraw of the accreditation of the paying agency;
Amendment 145 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 n (new)
Paragraph 47 n (new)
47n. Is seriously concerned by the outcomes of the mission of the Budgetary Control Committee of the European Parliament (CONT) to Slovakia that has revealed a serious threat to the Rule of Law in the country, great risk of fraud in the area of Union financing of agriculture and forestry, significant shortcomings in the public procurement procedure, shortcomings in the land management, high risk of conflict of interest within the public administration, this all taking place in a context of a murder of Ján Kuciak, a journalist investigating the aforementioned issues; calls on the Commission and OLAF to take the conclusions and recommendations of the CONT Committee outlined in the report very seriously and take immediate appropriate measures to quickly resolve the dramatic situation in Slovakia;
Amendment 146 #
2018/2166(DEC)
Motion for a resolution
Paragraph 47 n (new)
Paragraph 47 n (new)
47n. Asks the Commission to report to the European Parliament every three months on the follow up in Slovakia concerning the monitoring of the management and control system for direct payments;
Amendment 270 #
2018/2166(DEC)
Motion for a resolution
Paragraph 132 a (new)
Paragraph 132 a (new)
132a. Notes with deep regret that the leaked letter from the Commissioner Oettinger to the Czech PM Mr Babiš offers to the latter one a leeway in his conflict of interest situation, instead of putting the protection of the financial interests of the European Union on the first place, by proposing him to abstain from participation on decisions that concern his personal interest; considers this to be an absolutely insufficient course of action and demands that the Commission takes appropriate measures in this matter that will not only protect the financial interests of the Union but that will set a precedent for similar future cases based on applicable legal framework;
Amendment 18 #
2018/2094(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the need for an urgent budgetary and administrative reform of the EU that would streamline the inner processes and make the EU more understandable and accessible to the citizens;
Amendment 24 #
2018/2094(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CRecalls the need for a long-term EU strategic vision; considers that it is time both to put forward new European narratives and to deliver EU policies more strategically, based on a certain number of clearly defined and understandable Union priorities, collective goals and competences to improve readability and efficiency;
Amendment 39 #
2018/2094(INI)
Draft opinion
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that the European Agencies fulfil an irreplacable role in expertise in their respective fields and at the same time in representation of the EU in the Member States; stresses that it is therefore essential to ensure that in the future the work of the Agencies is well structured and organised, that the activities pursued by the Agencies are viable and that visibility is ensured at all times; calls on the Commission to ensure that the Agencies represent the EU also on the outside and fulfill tasks that might otherwise be delegated on external organisations;
Amendment 49 #
2018/2094(INI)
Draft opinion
Paragraph 26
Paragraph 26
26. Calls for the integrity policy and ethical framework of all EU institutions and agencies to be enhanced through a better implementation of codes of conduct, whistleblower protection, ethical principles and, transparency and accountability;
Amendment 2 #
2018/2093(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the need to safeguard the principle of unity of the budget; stresses the need to ensure parliamentary oversight over all EU expenditures;
Amendment 3 #
2018/2093(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Sees as a necessary step towards curbing this 'galaxy', the adoption of the MFF Regulation through the ordinary legislative procedure, thus aligning its decision-making procedure with that of EU multiannual programmes and the EU annual budget; believes that the consent procedure deprives Parliament of the decision-making power that it exercises over the adoption of the annual budgets, while the unanimity rule in the Council means that the agreement represents the lowest common denominator, based on the need to avoid the veto of a single Member State, is convinced, moreover, that qualified majority voting should replace the unanimity rule in the Council;
Amendment 4 #
2018/2093(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to prepare an annual report to accompany the general budget of the Union, bringing together available and non-confidential information relating to the expenditure incurred by Member States in the framework of enhanced cooperation, to the extent that this is not included in the general budget of the Union;
Amendment 5 #
2018/2093(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 7 #
2018/2093(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 26 #
2018/2092(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern that the introduction of a two-step approach could negatively impact the future enlargement of the Schengen area; emphasises that the failure to reach consensus in the Council calls into question the credibility of the EU and continuously erodes public support for common EU policies by demonstrating unequal treatment of Member States and introducing artificial lines of division within the Union; voices its concern that such practices contribute to the rise of populism and nationalism across the continent, which poses a fundamental challenge to the functioning of the EU;
Amendment 39 #
2018/2092(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. WelcomNotes the adoption of the Council decision of 12 October 2017 granting Bulgaria and Romania passive access to the Visa Information System and the Council’s proposal for the full application of the remaining provisions of the Schengen acquis relating to the Schengen Information System in both Member States; regrets the fact that the adoption of these decisions did not immediately follow verification of the successful completion of the Schengen evaluation process in 2011, but was initiated as an ad-hoc measure to ensure compliance with the preconditions for the implementation of the Entry/Exit System, expected to be operational by 2020; considers that these legal acts constitute a step towards closing information gaps between those Member States applying the Schengen acquis in full and those applying it partially; firmly insists that the adoption of these acts should not serve to further delay the abolition of checks at internal land, sea and air borders; notes that with the adoption of these decisions, Bulgaria and Romania will share all the responsibilities and obligations, but not all the benefits, of fully fledged Schengen area membership;
Amendment 47 #
2018/2092(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that with regard to the full application of the Schengen acquis, no additional criteria should be introduced or links to other Union mechanisms and policies made, other than the specified prerequisites laid down in the 2005 Act of Accession; nevertheless emphasizes that all the criteria have to be fulfilled without any exceptions and reservations; calls on the Member States to take a decision on the enlargement of the Schengen area solely on the basis of fulfilment of the relevant conditions for applying the Schengen acquis following the completion of the Schengen evaluation process;
Amendment 1 #
2018/2048(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls the importance of a dedicated website on the EGF to be accessible to all Union citizens and calls for greater visibility; emphasises the importance of multilingualism when communicating broadly to the public; asks for a more user-friendly web-environment and encourages the Commission to improve the content-value of its publications and audio-visual activities as provided for in Article 11(4) of the EGF Regulation; suggests that the Commission improves its communication through social media and alternate platforms;
Amendment 4 #
2018/2048(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the continued work on the standardised procedures for EGF applications and management using the functionalities of the electronic data exchange system (SFC 2014), which allows for the simplification and faster processing of applications, and better reporting; calls for better exchange of information about the processes among the Commission and Member states and Member states themselves, especially the Member states from central and eastern Europe, on the procedure notes that the Commission has facilitated EGF financial operations by the creation of an interface between SFC and the accounting and financial information system ABAC; takes note that only further fine-tuning and adjustments to possible changes are needed, limiting de facto the EGF contribution to that type of expenditure;
Amendment 5 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area and the successful implementation of the European Pillar of Social Rights and the 2030 Agenda for Sustainable Development, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty, in particular child poverty; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014- 2020 multiannual financial framework (MFF);
Amendment 13 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the establishment of a budget of 4.9 million euros for the EPPO which will prosecute cross-border crime against the financial interests of the Union; regrets however that Eurojust is the only JHA agency facing budgetary cuts in 2019, involving a counter-productive reduction of commitment appropriations for the Justice Program by -2.5 million euros (- 5.4%); expresses its concern that such a reduction is untenable given the operational growth and the political priorities in security and justice; calls on the Commission to provid, especially in the area of terrorism and cross-border crime; calls for a slight increase of the Eurojust with a budget for 2019 that is at least at the same level than in 2018 (€38.6 millcompared to the level of 2018 in order to avoid negative impactson its operation), while providing Eurojust with a total of 217 posts for 2019; ;points out as well in this context that the current Commission proposal for the funding of Eurojust in the next 2021- 2027 MFF is insufficient as it corresponds to a cut of 15% on an annual basis compared to 2018;
Amendment 16 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the proposed funding for Frontex matches the initial request of the agency; points out, however, that the proposed number of posts does not take into account any anticipated needs for ETIAS, the application which should amount to a total of 20TAs and 67 CAs for 2020 when operations start; believes that 20 staff should be frontloaded to ensure a smooth and timely delivery of the core processes and infrastructures in 2021; considers that the correction co-efficient should be increased in order to address the geographical imbalance in relation to Frontex staff and the Agency's difficulties to reach the targets set out in the establishment plan;
Amendment 17 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. underlines Europol´s increasing role in combating terrorism and organized crime, as well as in strengthening cross- border cooperation in the field of law enforcement; deeply regrets that the draft EU budget for 2019 put forward by the Commission implies a reduction of 21 million EUR and 38 temporary agent posts, compared to the proposal for 2019 agreed by the Member States in the Europol Management Board; calls for appropriate funding adjusted to the Agency´s needs;
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. stresses that the proposed 2019 budget does not meet the levels required by Europol´s role in fighting trans-border serious crime, including money laundering and cybercrime and in preventing and fighting terrorism; this even represents a substantial reduction compared to the budget currently being implemented; is concerned that insufficient budgeting has led to the de- prioritization of important operational technological initiatives and activities; asks for financial allocations of 143,3 million EUR, in line with the Agency´s draft budget for 2019 endorsed by the Member States and the Commission in the Management Board;
Amendment 21 #
2018/2046(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights that youth unemployment in certain Member States remains unacceptably high in the European Union and that the situation of young people in NEET situations (not in education, employment, or training) and the long-term unemployed, is particularly worrying; highlights that young people are the group most at risk of poverty and social and economic exclusion; emphasises that, in order to address these issues, it is of the utmost importance to ensure continued, increased and timely funding of the Youth Guarantee through the Youth Employment Initiative (YEI), as well as adequate support to measures tackling inequalities, also beyond employment, through the ESF;
Amendment 22 #
2018/2046(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes that the level of funding of EASO which according to the agencyproposed for EASO matches itsthe initial request of the agency to the Commission; regrets however that this is not the case for eu-LISA; points out that 2019 will be an extremely challenging year for eu-LISA given the substantial increase of its tasks and budget allocated and that it will need an adequate reinforcement of its resources to deliver according to its new mandateexpects the Commission to presents an amending budget to increase the funding for operations if the level of operational support requested by Member States increases in 2019;
Amendment 24 #
2018/2046(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Expresses its concern regarding the proposed funding as well as staffing for eu-LISA given the increasing complexity of its tasks, including the updating of existing databases (SIS, Eurodac and VIS) and the implementation and operational management of other large-scale IT systems in the JHA domain (EES, ETIAS,ECRIS-TCN); believes that the lack of funding for operational matters can no longer be compensated through extensive external support, the outsourcing of functions or a reprioritisation of already planned activities as has been the case in previous years; emphasizes the necessity to reinforce eu-LISA's resources and provide for 25 additional contract agents to allow the agency to deliver according to its mandate, including on the second phase of AFIS;
Amendment 25 #
2018/2046(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. CNotes the European Commission’s proposal of an increase for the YEI of EUR 233,3 million for 2019; but considers that the overall YEI budget is still not sufficient to ensure that the Youth Guarantee reaches its targets, and therefore calls for the commitment appropriations of the YEI to be maintained for 2019 at the same level as for 2018, i.e EUR 350 million;
Amendment 154 #
2018/2046(BUD)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines; _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 8 #
2018/2043(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that Belgium is planning five types of actions for the redundant workers and NEETs covered by this application: (i) individual job search assistance, case management and general information services, (ii) training and re-training, (iii) promotion of entrepreneurship, (iv) contribution to business Start up, (v) allowances; stresses that it must be ensured that the financial help is effective and focused;
Amendment 11 #
2018/2043(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. AcknowledgWelcomes that the coordinated package of personalised services was drawn up in consultation with a working group, which included the Public Employment Service for Wallonia, the investment fund SOGEPA, the representatives of the trade unions and other social partners; calls on the Belgian and Wallonia authorities to actively participate in the process;
Amendment 45 #
2018/2037(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that any financial support to the farmers should be based on the quantity of output from the farm rather than on single payment scheme or single area payment scheme;
Amendment 54 #
2018/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a comparison of direct payments among the farmers and for a fair distribution of direct payments between the Member States, so that the gaps between the different regions of the Union can be closed sooner;
Amendment 72 #
2018/2037(INI)
4. Supports the move towards increased efficiency of farming and EU added value; encourages to support the projects focusing on sustainable development, combat the climate change and development in rural areas.
Amendment 216 #
2018/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States and the Commission to ensure that the media can operate independently and free from discrimination in minority languages, to take into account national minorities when licensing or privatising media services, including assigning TV and radio broadcaster minority languages, to provide appropriate funds for self-governance to organisations representing minorities, with a view to fostering their sense of belonging to, and identification with, their respective minority groups, and to bring their identities, languages, histories and cultures to the attention of the majority;
Amendment 224 #
2018/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States and the Commission to refrain from political and legal acts and policies that aim to prescribe restrictive measures, such as subtitling and/or translation obligations and mandatory quotas for programmes in official languages; calls on the Members States and the Commission to allow and promote the presence of regional or minority-language media, also on online interfaces; calls on the Member States and the Commission to ensure appropriate funding or grants for organisations and media representing national minorities, in view of their regional specificities and needs;
Amendment 260 #
2018/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States and the Commission to ensure thatable persons belonging to national minorities to have rights and adequate opportunities to receive education in a minority language and for instruction in their mother tongue in both public and private educational institutionsin areas where people belonging to national minorities are traditionally present; calls on the Member States to formulate appropriate education policies, bearing in mind the right for reflecting the education in a minority language and the needs of national minorities; calls on the Members States and the Commission to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notes that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;
Amendment 271 #
2018/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to define preferential thresholds in the learning of regional or minority languages; calls on the Member States and the Commission to ensure thatable people belonging to national minorities living in areas where the national minorities are traditionally present especially in rural area, or living in widely scattered settlements, to have the rightpossibility to receive education in a minority language, e.g. in their mother tongue and ; calls on the Member States and the Commission to ensure that education reforms and policies do not restrict the right to receive education in a minority language;
Amendment 274 #
2018/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 276 #
2018/2036(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the training of teachers and access to textbooks of good quality are essential preconditions for ensuring good quality education for students; notes that a widely recognised problem regarding minority language education that needs to be addressed is the insufficient availability of high-quality teaching material and skilled minority language teachers; notes that multi-dimensional teaching of history should be a requirement in all schools, whether in minority or majority communities;
Amendment 284 #
2018/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that language is an essential aspect of cultural identity and the human rights of minorities; calls on the Member States to take into consideration this rights perspective, to ensure the right to and to protect linguistic diversity within the Union; to enable the use a minority language in private as in public places without any discrimination in areas where people belonging to national minorities are traditionally present, and to protection of linguistic diversity within the Union; calls onencourages the Commission to strengthen its plan to promote the teaching and use of regional languages as a potential means of tackling language discrimination in the EU, and to promote linguistic diversity;
Amendment 292 #
2018/2036(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls the Member States and the Commission to allow and promote, with regard to the administrative authorities and public service organisations, the use of regional or minority languages in practice, according to the principle of proportionality, such as in relations between private individuals and organisations on the one hand, and public authorities on the other; calls on the Member States to make information and public services available in these languages, including on the internet, in areas where people belonging to national minorities are traditionally present; encourages municipal authorities in these areas to ensurable the use of regional and minority languages; encourages the Member States to use the good practices already existing within the Member States as guidelines;
Amendment 295 #
2018/2036(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States and the Commission to ensure that in areas where people belonging to national minorities are traditionally present, the safety and security marking and labelling, important mandatory instructions and public announcements of import to citizens, whether provided by the authorities or the private sector, as well as place names and topographical designations, are written in their correct form and available in the languages commonly used in a given region, including on signs indicating entry into or exit from urban areas and on all other road signs providing information;
Amendment 330 #
2018/2036(INI)
Motion for a resolution
Paragraph 30 – indent 3
Paragraph 30 – indent 3
Amendment 77 #
2018/2024(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that, for the fourth consecutive year, all margins under the Heading 3 ceiling are exhausted, proving that as things stand today the EU budget is not sufficiently flexible and not fully equipped to deal with the scale and depth of the present migration and security challenges facing the Union; welcomes, in this regard, the proposed mobilisation of the Flexibility Instrument for an amount of EUR 927.5 million in commitment appropriations;
Amendment 80 #
2018/2024(BUD)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Expects the pressure on some Member States’ migration and asylum systems, as well as on their borders, to remain high in 2019, and urges the Union to remain vigilant regarding any future, unpredictable needs in these areas; calls in this context for an adequate funding and staffing of the EU Agencies dealing with tis issues;
Amendment 87 #
2018/2024(BUD)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes that in the context of a wide range of security concerns, including changing forms of radicalisation, cybercrime, violence and terrorism that surpass individual Member States’ capacity to respond, the EU budget should encourage cooperation on security-related matters with the help of established EU agencies; in this context, questions how this high-risk security context is reconcilable with the proposed significant decrease of commitment appropriations (- 26,6 %) for the Internal Security Fund (ISF);
Amendment 113 #
2018/2024(BUD)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes the overall increase in the draft budget 2019 of the allocations for the decentralised agencies, of +10.8 % (without taking into account assigned revenues) and +259 posts; welcomes the fact that for the majority of the agencies their own budget increases while the EU contribution decreases; notes in this regard that Parliament is currently exploring the possibilities of further extending the fee- financing of decentralised agencies; notes with satisfaction that agencies with ‘new tasks’ (ESMA, EU-LISA and FRONTEX) are granted a significant increase in appropriations and establishment plan staff; calls for further financial support for the agencies that are dealing with migration and security challenges;
Amendment 14 #
2018/2009(INI)
1. Calls on the Commission to continue promoting the Scoreboard so that it can become a useful tool for the relevant stakeholders, boosting the efficiency and quality of the European judicial systems; asks also to provide more quantitative and qualitative data and ensure their merge;
Amendment 39 #
2018/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to gather precise information on the way violations of the rule of law, including corruption and threats to the fundamental rights, are being dealt with; further calls on the Member states to provide such information and cooperate closely with the Commission;
Amendment 54 #
2018/2009(INI)
5a. Encourages to provide more information about electronization of juridical systems in the Member States such as start, length, trial, verdict or appeals of civil of civil law as well as criminal law disputes;
Amendment 11 #
2018/0371(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Member States should have the possibility to use the above-mentioned amounts to continue implementing relocation by re-committing the amounts to the same action in the national programmes. In addition, it should be possible, where duly justified in the revision of Member States' national programmes, to use this funding also to address other challenges in the area of migration and asylum, in line with the general and specific objectives laid down in the Asylum, Migration and Integration Fund Regulation. Member States' needs in these areas remain significant. Re- commitments of the above- mentioned amounts to the same action, or their transfer to other actions under the national programme should be possible only once and with the approval of the Commission. Notwithstanding this flexibility, Member States should ensure that the allocation of funds takes place in full respect of the principles set out in the Financial Regulation, in particular efficiency and transparency.
Amendment 27 #
2018/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 516/2014
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The additional amounts referred to in paragraph 1 of this Article shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014 and later in a financing decision to be annexed to the decision approving their national programme. Re- commitments of those amounts to the same action under the national programme or transfers thereof to other actions under the national programme shall be possible where duly justified in the revision of the respective national programme. An amount may only be re-committed or transferred once. The Commission shall approve the re-commitment or transfer through the revision of the national programme. The funding shall be allocated transparently and efficiently in line with the objectives of the national programme.
Amendment 14 #
2018/0258(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The 2 140 customs offices17 that are present over the external borders of the European Union need to be properly equipped to ensure thsmooth and effective operation of the customs union. The need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting Union’s external borders in order to ensure both safety and security, security and protection of the EU financial interests. However, at the same time, those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries. _________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.
Amendment 28 #
2018/0258(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX]25 will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional related purposes such as border controls and security. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/162426 , thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment. _________________ 25 COM(2018) 473. COM(2018) 473. 26 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 31 #
2018/0258(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls, given the technical nature of this Instrument, preparatory work is required at technical level. Therefore, implementation should be supported by individual assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the Member States. Those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required information.
Amendment 32 #
2018/0258(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on indicators measuring the effects of the actions under the Instrument. Member States should ensure transparent and clear procurement procedure. Reporting requirements should include somedetailed information on customs control equipment and procurement procedure beyond a certain cost threshold, and justification of the expenses.
Amendment 49 #
2018/0258(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. By way of derogation from Article 191 of the Financial Regulation, an action that has received a contribution from the Customs programme for cooperation in the field of customs established by Regulation (EU) [2018/XXX]35 or from any other Union programme may also receive a contribution under the Instrument, provided that the contributions do not cover the same costsduble funding is avoided. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro- rata basis in accordance with the documents setting out the conditions for support. _________________ 35 COM(2018) 442. COM(2018) 442.
Amendment 50 #
2018/0258(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
The preparation of the work programmes referred to in paragraph 1 shall be supported by an individual assessment of needs, which shall consist of the following at a minimum:
Amendment 54 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)
Article 12 – paragraph 4 – point c a (new)
(c a) information on the procurement procedure
Amendment 55 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c b (new)
Article 12 – paragraph 4 – point c b (new)
(c b) justification of the expenses
Amendment 576 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) the development, monitoring and evaluation of policies and procedures including onthe development, collection, and exchange of information and data,alysis, dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;
Amendment 55 #
2018/0243(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The primary objective of Union’s development cooperation policy, as laid down in Article 208 of the Treaty on the Functioning of the European Union is the reduction and, in the long term, the eradication of poverty. The Union’s development cooperation policy also contributes to the objectives of the Union’s external action, in particular to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty, as set out in Article 21(2)(d) of the Treaty on European Union. Tackling global challenges, in particular the complex phenomenon of migration, is an integral part of Union development policy.
Amendment 59 #
2018/0243(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The implementation of this Regulation should be guided by the five priorities established in the Global Strategy for the European Union’s Foreign and Security Policy (the 'Global Strategy')59, presented on 19 June 2016, which represents the Union's vision and the framework for united and responsible external engagement in partnership with others, to advance its values and interests. The Union should enhance partnerships, promote policy dialogue and collective responses to challenges of global concern. Its action should support the Union’s interests and values in all its aspects, including preserving peace, preventing conflicts, strengthening international security, fighting root causes of irregular migration and assisting populations, countries and regions confronting natural or man-made disasters, supporting trade policy, economic diplomacy and economic cooperation, promoting digital solutions and technologies, and fostering the international dimension of Union’s policies. In promoting its interests, the Union should comply with, and promote, the principles of respect for high social and environmental standards, for the rule of law, for international law and for human rights. _________________ 59 "'Shared Vision, Ccommon Action: A Stronger Europe. A global Strategy for the European Union's Foreign and Security Policy", June 2016.
Amendment 64 #
2018/0243(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The European Neighbourhood Policy, as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience, particularly by boosting economic development, as the Union's main political priorities. In order to attain its objective, the reviewed European Neighbourhood Policy has been focusing on four priority areas: good governance, democracy, the rule of law and human rights, with a particular focus in engaging further with civil society; economic development; security; migration and mobility, including tackling the root causes of irregular migration and forced displacement, as well as new challenges such as environmental migration. Differentiation and enhanced mutual ownership are the hallmark of the European Neighbourhood Policy, recognising different levels of engagement, and reflecting the interests of each country concerning the nature and focus of its partnership with the Union. _________________ 62 Joint communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "Review of the European Neighbourhood policy", 18 November 2015.
Amendment 68 #
2018/0243(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) It is essential to further step up cooperation on migration with partner countries, reaping the benefits of well- managed and regular migration and, effectively addressing irregular migration and effectively responding to environmental migration. Such cooperation should contribute to ensuring access to international protection, addressing the root causes of irregular migration, enhancing border management and pursuing efforts in the fight against irregular migration, trafficking in human beings and migrant smuggling, and working on returns, readmission and reintegration where relevant, on the basis of mutual accountability and full respect of humanitarian and human rights obligations. Therefore, third countries' effective cooperation with the Union in this area should be an integral element in the general principles of this Regulation. An increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively. This Regulation should contribute to a coordinated, holistic and structured approach to migration, maximising the synergies and applying the necessary leverage.
Amendment 72 #
2018/0243(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration policy and the priorities established by the Asylum, Migration and Integration Fund. To contribute to that end, and without prejudice to newly arising challenges and unforeseen circumstances, 10% of its financial envelope is expected to be dedicated to addressing the root causes of irregular migration and forced displacement and to supporting migration management and governance including the protection of refugees and migrants' rights within the objectives of this Regulation.
Amendment 77 #
2018/0243(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) External actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of Union partners and to global challenges to human rights, democracy and good governance, security and stability, climate change and environment, oceans, and the migration crisis and its root causes. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes. To increase the ability of the EU to respond to unforeseen needs, building on the successful experience of the European Development Fund (EDF), an amount should be left unallocated as an emerging challenges and priorities cushion. It should be mobilised in accordance with the procedures established in this Regulation.
Amendment 84 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b
Article 3 – paragraph 2 – subparagraph 1 – point b
(b) at global level, to consolidate and support democracy, rule of law and human rights, support civil society organisations, further stability and peace and address other global challenges including migration and mobility, as well as climate change;
Amendment 111 #
2018/0243(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) to ensure an appropriate response of the Union in the event of newly arising challenges and unforeseen circumstances;
Amendment 121 #
2018/0243(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The purpose of the EFSD+ as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in Article 23(1)(a), (e), (f) and (g), shall be to support investments and increase access to financing, in order to foster sustainable and inclusive economic and social development and promote the socio-economic resilience in partner countries with a particular focus on the, eradication of poverty, sustainable and inclusive growth, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, micro, small and medium-sized enterprises as well as addressing specific socioeconomic root causes of both irregular and legal migration, in accordance with the relevant indicative programming documents. Special attention shall be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries.
Amendment 1 #
2018/0218(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, to mitigate food waste and promote education on healthy eating habits, and to help reducing the Union legislation- related administrative burden for beneficiaries.
Amendment 4 #
2018/0218(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’), the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States shouldall bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives.
Amendment 110 #
2018/0218(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The Future of Food and Farming’ of 29 November 2017 sets out the challenges, objectives and orientations for the future Common Agricultural Policy (CAP) after 2020. These objectives include, inter alia, the need for the CAP to be more result-driven, to boost modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas (including through an increased focus on agri-forestry), to mitigate food waste and promote education on healthy eating habits, and to help reducing the Union legislation- related administrative burden for beneficiaries.
Amendment 114 #
2018/0218(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at Union, international, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. In the CAP based on delivery of performance (‘delivery model’), and bearing in mind as a primary focus the objective of providing a sustainable income for producers, the Union should set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs, tailoring the support to maximise the contribution to Union objectives.
Amendment 132 #
2018/0218(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Rules for classifying wine grape varieties by Member States should be modified to include the wine grape varieties Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont, previously excluded. To ensure that wine production in the Union develops a higher resistance to diseases and that it uses vine varieties better adapted to changing climatic conditions, provision should be made allowing Vitis Labrusca varieties and varieties stemming from crosses between Vitis vinifera, Vitis Labrusca and other species of the genus Vitis to be planted for wine production in the Union. No provision should be made, however, for genetically modified varieties.
Amendment 288 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
Regulation (EU) No 1308/2013
Article 61
Article 61
Amendment 621 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new)
Article 1 – paragraph 1 – point 28 a (new)
Regulation (EU) No 1308/2013
Article 226 a (new)
Article 226 a (new)
(28a) The following Article is added: Article 226a Performance framework 1. The Commission shall put in place a framework for reporting on, monitoring and evaluating the performance of the crisis management plan during its implementation. 2. The performance framework shall include the following elements: (a) a common set of context, output, results and impact indicators, on which the monitoring and evaluation and the annual performance report shall be based; (b) targets and annual milestones established for the relevant specific objectives, using result indicators; (c) data collection, storage and transmission; (d) annual performance reports on the crisis management plan for each of the outputs affected during the year; (e) measures of the potential for rationalisation in the overall use of the EAGF; 3. The purpose of the performance framework shall be to: (a) assess the impact, effectiveness, efficiency, relevance, coherence and EU added value of the CAP; (b) report to the European Parliament and to the Council on the use of the prerogatives accorded to the Commission in respect of crisis prevention and management; (c) move away from the current rationale for EAGF spending; (d) foster a countercyclical approach in the guidance of agricultural markets and revenues, whereby the regulator of the agricultural sector, i.e. the Commission, makes optimal use of public funding in response to economic cycles, climate- related incidents and geopolitical tensions.
Amendment 1242 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) 'genuine farmers' shall be definedthe Member States may define "genuine farmers" in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural, while not precluding from support pluri-active farmers. The definition shall allow to determine which farmers are not considered genuine farmers, based on conditions such as income tests, labour inputs on the farm, company object and/or inclusion in registers.
Amendment 1258 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point i
Article 4 – paragraph 1 – point e – point i
(i) a maximum age limit that may non indicative age limit without exceeding 405 years shall be decided by the Member States;
Amendment 1940 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) the salaries linked to an agricultural activity and related activities declared by the farmer, including taxes and social contributions related to employment; and
Amendment 1949 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) the equivalent cost of regular and unpaid labour linked to an agricultural activity and related activities practiced by persons working on the farm concerned who do not receive a salary, or who receive less remuneration than the amount normally paid for the services rendered, but are rewarded through the economic result of the farm business.
Amendment 17 #
2018/0208(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be actively promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism, polarization and divisions, it is more important than ever to promote, strengthen and defend justice, rights and common EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 19 #
2018/0208(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights- and freedoms-based, equal, inclusive and democratic society. That includes stimulating a vibrant civil society, encouraging people’s democratic, civic and social participation and to, protecting independent media, fostering the rich diversity of European society, and cultivating European identity, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 23 #
2018/0208(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Financing should remains one of the most important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.
Amendment 25 #
2018/0208(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross- border situations are eliminated, is also key to ensure economic growth and further integration.
Amendment 29 #
2018/0208(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, transparency, accountability, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 31 #
2018/0208(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. THarmonized training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust and understanding between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
Amendment 33 #
2018/0208(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting quality training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.
Amendment 36 #
2018/0208(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as ofincluding civil society organisations and academia, which contribute to these objectives.
Amendment 38 #
2018/0208(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union financial intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.
Amendment 41 #
2018/0208(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa, OLAF and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.
Amendment 43 #
2018/0208(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is necessary to ensure the viability, visibility and the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13 . _________________ 13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 Text with EEA relevance
Amendment 44 #
2018/0208(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver desired results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.
Amendment 46 #
2018/0208(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council15 , Council Regulation (Euratom, EC) No 2988/9516 Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 the financial interests of the Union are to be protected through proportionate measures, including thecomplete transparency of the Programme financing and selection procedures, prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council19 In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292,15.11.96,, p. 2). 18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p. 1). 19 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 53 #
2018/0208(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costsdouble funding is avoided. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].
Amendment 55 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that correct data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.
Amendment 78 #
2018/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation lays down a financial envelope for the ESF+. Parts of this financial envelope should be usedIt specifies the allocations for actionvities to be implemented in direct and indirectunder shared management uander the Employment and Social Innovation and Health strandsallocations for actions to be implemented in direct and indirect management.
Amendment 104 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘beneficiary’ means a legal entity carrying out activities or providing support to meet objectives as laid down in Article 4(1);
Amendment 107 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to quality employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting self- employment and the social economy;
Amendment 28 #
2018/0202(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies. Labour reallocation is an integral and inevitable part of such economic change. If the benefits of change are to be distributed fairly, offering assistance to displaced workers and those threatened by displacement or cessation of activity is of utmost importance. The ‘EU Quality Framework for anticipation of change and restructuring’22 , is the Union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring. It offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means. It also calls upon Member States to use EU and national funding in a way to ensure that the social impact of restructuring, especially the adverse effects on employment, can be cushioned more effectively. The main Union instruments to assist workers affected are the European Social Fund Plus (ESF+), which is designed to offer assistance in an anticipatory way, and the EGF, which is designed to offer assistance in the case of unexpected major restructuring events in a reactive manner. _________________ 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Quality Framework for anticipation of change and restructuring, (COM(2013)882 final, 13.12.2013).
Amendment 46 #
2018/0202(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The specific objective of the EGF is to offer assistance in case of unexpected major restructuring events, particularly those caused by globalisation-related challenges, such as changes in world trade patterns, trade disputes, financial or economic crises, the transition to low- carbon economy or as a consequence of digitisation or automationtechnological change. Particular emphasis shall lie on measures that help the most disadvantaged groups.
Amendment 47 #
2018/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) 'displaced worker' means a worker whose employment is ended prematurely by redundancy, or whose contract is not renewed, due to economic reasonsunexpected major restructuring event;
Amendment 49 #
2018/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) 'beneficiary' means' a person participating in EGF co-funded measures.
Amendment 53 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the cessation of activity of more than 250 displaced workers or self- employed persons, over a reference period of six months, particularly in SMEs, where all operate in the same economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions defined at NUTS 2 level in the same or neighbouring Member States or in more than two contiguous regions defined at NUTS 2 level in the same or neighbouring Member States provided that there are more than 250 workers or self-employed persons affected in two of the regions combined;
Amendment 55 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The EGF may not be mobilised when workers are dismissed as a result of budget cuts taken by a Member State, which affect sectors that depend on public financing and due to structural reforms in a Member State.
Amendment 57 #
2018/0202(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a The Commission shall adopt a delegated act in accordance with Article 25 stating criteria to define the sectors that depend on public financing listed in Article 5.4.
Amendment 64 #
2018/0202(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 6
Article 8 – paragraph 1 – subparagraph 6
The design of the coordinated package of personalised services shall anticipate future labour market perspectives and required skills. The coordinated package shall be compatible with the shift towards a resource-efficient and sustainable economy, and shall also focus on the dissemination of skills required in the digital industrial age and take into account the demand on the local labour market.
Amendment 66 #
2018/0202(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The measures supported by the EGF shall not substitute passive social protection measures and active labour market measures.
Amendment 71 #
2018/0202(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point l
Article 9 – paragraph 5 – point l
(l) a statement of compliance of the requested EGF support with the procedural and material Union rules on State aid as well as a statement outlining why the coordinated package of personalised services does not replace measures that are the responsibility of companies by virtue of national law or collective agreements and measures to be provided by competent authorities for active labour market measures and passive social protection measures;
Amendment 76 #
2018/0202(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a In exceptional cases and if the remaining financial resources available in the Fund in the year of the occurrence of the major restructuring event are not sufficient to cover the amount of assistance deemed necessary by the budgetary authority, the Commission may propose that the difference be financed through the next year's Fund. The annual budgetary ceiling of the Fund in the year of the occurrence of the major restructuring event and the following year shall under all circumstances be respected.
Amendment 77 #
2018/0202(COD)
5. The Member State concerned shall have the flexibility to re-allocate amounts between the budget items laid down in the decision on a financial contribution pursuant to Article 16(3) providing that Article 8(1) limit on the costs structure is respected. Should a reallocation exceed a 20 % increase for one or more of the items specified, the Member State shall notify the Commission beforehand.
Amendment 78 #
2018/0202(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Member States shall, when data are available in registers or equivalent sources, enable the bodies entrusted with data collection necessary for the monitoring and the evaluation of the EGF to obtain those data from data registers or equivalent sources, in accordance with points (c) and (e) of Article 6(1) of Regulation (EU) 2016/679.
Amendment 79 #
2018/0202(COD)
Proposal for a regulation
Article 19 b (new)
Article 19 b (new)
Article 19 b The beneficiary survey listed in point (d) of Article 20(1) shall be based on the model which shall be established by the Commission by means of an implementing act. The Commission shall adopt an implementing act establishing the model to be used for the beneficiary survey in accordance with the advisory procedure referred to in Article 26(2) in order to ensure uniform conditions for the implementation of this Article.
Amendment 80 #
2018/0202(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Not later than at the end of the nineteenth month after the expiry of the period specified in Article 15(3), the Member State concerned shall submit the complete and duly verified simple dataset informing on the longer- term result indicator specified in point (3) of the Annex.
Amendment 27 #
2018/0194(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In the Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme and its ex ante evaluation in the form of a Staff Working Document accompanying its proposal (COM(2018)0369), the Commission came to the conclusion that the continuation of the Pericles 2020 programme beyond 2020 should be supported, given its EU added value, its long-term impact and the sustainability of its actions.
Amendment 31 #
2018/0194(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore a new Programme for the period 2021-2027 (the ‘Pericles IV programme’) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and Europol, within the committee referred to in Regulation (EC) No 1338/2001, particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme. Moreover, the Commission should draw on the vast experience of the European Central Bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme.
Amendment 33 #
2018/0194(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
To prevent and combat counterfeiting and related fraud, thus enhancingpreserving the integrity of the euro banknotes and coins, which enhances trust in the currency, reinforces the competitiveness of the Union’s economy and securinges the sustainability of public finances.
Amendment 40 #
2018/0194(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, taking into accountwhilst ensuring consistency and avoiding unnecessary duplication with relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol.
Amendment 53 #
2018/0194(COD)
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The Programme will be monitored closely on the basis of a set of indicators intended twith a view to minimising administrative burdens and costs. To measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:
Amendment 55 #
2018/0194(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Amendment 56 #
2018/0194(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c a (new)
Annex I – paragraph 1 – point c a (new)
(c a) Number of operations leading to the detection of counterfeit euros or the dismantling of illegal workshops involving competent national authorities from more than one Member State.
Amendment 85 #
2018/0191(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing 'Erasmus+': the Union programme for education, training, youth and sport and repealing Regulation (EU) No 1288/2013 (Text with EEA relevance)
Amendment 112 #
2018/0191(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its Communication on 'A modern budget for a Union that protects, empowers and defends - the multiannual financial framework for 2021-2027'26 adopted on 2 May 2018, the Commission called for a stronger “youth” focus in the next financial framework, notably by more than doubling the size of the 2014-2020 Erasmus+ Programme, one of the Union’s most visible success stories. The focus of the new Programme should be on inclusiveness, and to reach more young people with fewer opportunities and promoting the overall personal development of young people as active citizens in diverse and democratic societies. This should allow more young people to move to another country to learn or work. _________________ 26 COM(2018) 321 final. COM(2018) 321 final.
Amendment 133 #
2018/0191(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Programme should be coherent with the new European Union youth strategy30, the framework for European cooperation in the youth field for 2019- 2027, based on the Commission's Communication of 22 May 2018 on 'Engaging, connecting and empowering young people: a new EU Youth Strategy'31, including as regards the strategy’s aspirations to support quality youth work and non-formal learning. This entails attention for mobility, capacity-building, innovation and recognition of youth work and non-formal learning within the context of the 2012 Council Recommendation on the validation of non-formal and informal learning. This also calls for the promotion of quality tools and systems that should be used in the training of youth workers and that correspond to the changing circumstances of young people’s lives. These should be embedded in a broader quality approach to empower youth organisations. _________________ 30 [Reference - to be adopted by the Council by the end of 2018]. 31 COM(2018) 269 final.
Amendment 151 #
2018/0191(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Programme should be more inclusive by improving its outreach to those with fewer opportunities, including through more flexible learning mobility formats, and by fosteringsimplified administrative procedures, youth-friendly and clear information and communication about the programme and by fostering and supporting the participation of smallocal organisations, in particular newcomers and communityvolunteer-based grassroots organisations that work directly with disadvantaged learners of all ages. Simplified procedures, such as accreditation through compliance with quality charters, should be put in place to allow experienced mobility providers to support institutions and organisations with limited resources and capacities, with a view to enhancing outreach, inclusion and quality of learning mobility. Virtual formats, such as virtual cooperation, blended and virtual mobility, should be promoted as a complementary aspect of a physical mobility to reach more participants, in particular those with fewer opportunities and those for whom moving physically to a country other than their country of residence would be an obstacle.
Amendment 178 #
2018/0191(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In its Communication on Strengthening European identity through education and culture, the Commission highlighted the pivotal role of education, culture and sport in promoting active citizenship and common values amongst the youngest generations. Strengthening European identity and fostering the active participation of individuals in the democratic processes and civil society is crucial for the future of Europe and our democratic societies. Going abroad to study, learn, train and work or to participate in youth and sport activities contributes to strengthening this European identity in all its diversity and the sense of being part of a cultural community as well as to fostering such active citizenship, among people of all ages. Those taking part in mobility activities should get involved in their local communities, for example by volunteering in local initiatives, as well as engage in their host country local communities to share their experience. Activities linked to reinforcing all aspects of creativity in education, training and youth and enhancing individual key competencies should be supported. The role of civil society organisations, such as youth organisations, is particularly important in achieving this goal through non-formal education and informal learning.
Amendment 203 #
2018/0191(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Programme should encourage youth participation in Europe's democratic life, including by supporting participation projects for young people to engage and learn to participate in civic society, raising awareness about European common values including fundamental rights, bringing together young people and decision makers at local, national and Union level, as well as contributing to the European integration process. The Programme recognises the key role of youth organisations and youth work in reaching this objective and will focus on building a stronger youth sector in Europe by supporting and promoting the operation and projects of youth organisations across Europe and in neighbouring countries, and cooperation with the rest of the world.
Amendment 214 #
2018/0191(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should offer young people more opportunities to discover Europe through learning experiences abroad. Eighteen year oldsYoung people, in particular those with fewer opportunities, should be given the chance to have a first-time, short- term individual or group experience travelling throughout Europe in the frame of an blended informal learning and non-formal educational activity aimed at fostering their sense of belonging to the European Union and, discovering its cultural diversity and fostering intercultural learning and active citizenship education. The Programme should identify bodies in charge of reaching out and selecting the participants and support activities to foster the learning dimension of the experience. The Programme should also integrate the European Capitals of Culture, the European Youth Capitals, the European Volunteering Capitals and European Green Capitals as key partners.
Amendment 255 #
2018/0191(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As a way to ensure cooperation with other Union instruments and support to other policies of the Union, mobility opportunities should be offered to people in various sectors of activity, such as the public sector, agriculture and enterprise, to have a learning experience abroad allowing them, at any stage of their life, to grow and develop professionally but also personally, in particular by developing an awareness of their European identity and an understanding of European cultural diversity. The Programme should offer an entry point for Union transnational mobility schemes with a strong learning dimension, simplifying the offer of such schemes for beneficiaries and those taking part in these activities. The scaling-up of Erasmus projects should be facilitated; specific measures should be put in place to help promoters of Erasmus projects to apply for grants or develop synergies through the support of the European Structural and Investment Funds and the programmes relating to migration, security, justice and citizenship, health and culture, as well as the European Solidarity Corps.
Amendment 296 #
2018/0191(COD)
(44a) As a general rule, grant requests and project applications will be submitted to the national agency of the country where the applicant organisation is based. Grant requests and project applications for activities organised by Union-wide networks, European non-governmental organisations and international organisations should be submitted to and managed by the Education, Audiovisual and Culture Executive Agency of the European Commission.
Amendment 299 #
2018/0191(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Member States should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the Programme. This includes resolving, where possible, and without prejudice to Union law on the entry and residence of third-country nationals issues that create difficulties in obtaining visas and residence permits and other legal difficulties that could prevent young people’s access to the Programme. In line with Directive (EU) 2016/801 of the European Parliament and of the Council39, Member States are encouraged to establish fast-track admission procedures. _________________ 39 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
Amendment 366 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘youth worker’ means a professional or a volunteer involved in non-formal learning who supports young people in their personal socio-educational and professional development; and the development of their competences. Youth workers together with young people are involved in the planning, steering, coordination, implementation and evaluation of youth work activities and related youth work development.
Amendment 369 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘EU Youth dialogue’ means the dialogue with young people and youth organisations whichinvolving policy- and decision-makers, as well as experts, researchers and other relevant civil society actors, as appropriate. It serves as a forum for continuous joint reflection on the priorities, implementation and follow- up of European cooperation in the youth field;
Amendment 376 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘people with fewer opportunities’ means people facing obstacles that prevent them from having effective access to opportunities under the Programme for economic, social, cultural, geographical or health reasons, a migrant background or for reasons such as disability and educational difficultieindividuals who require additional, targeted support due to discrimination and a heightened risk of social exclusion as a result of various factors, either individually or in combination with each other. Such factors may include disability, sexual orientation, gender identity, sex characteristics, race, ethnicity, socioeconomic background, health status, geographical obstacles, legal barriers or other status;
Amendment 396 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Programme is to support the educational, professional and personal development of people in education, training, youth and sport, in Europe and beyond, thereby contributing to sustainable growth, jobs and social cohesion, promote active citizenship, participation in democratic life and to strengthening European identity. As such, the Programme shall be a key instrument for building a European education area, supporting the implementation of the European strategic cooperation in the field of education and training, with its underlying sectoral agendas, strengthening the youth sector and advancing youth policy cooperation under the Union Youth Strategy 2019-2027 and developing the European dimension in sport.
Amendment 402 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training;, through a cross-sectoral approach that enhances synergies between the formal and non-formal education sectors.
Amendment 408 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promote non-formal learning mobility, intercultural learning, critical thinking, volunteering and active participation among young people, as well as cooperation, quality, inclusion, growth, creativity and innovation at the level of organisations and policies in the field of youth;
Amendment 490 #
2018/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) policy dialogue, support and cooperation with relevant key stakeholders, including Union-wide networks, European non- governmental organisations, and international organisations in the field of youth, the EU Youth dialogue as well as support to the European Youth Forum;
Amendment 574 #
2018/0191(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The levels of financial support, such as grants, travel or administrative lump sums, flat rates and unit costs, shall be regularly revised and adjusted to the living and subsistence costs of the host country or region as well as travelling conditions.
Amendment 599 #
2018/0191(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. As a general rule, grant requests and project applications shall be submitted to the national agency of the country where the applicant organisation is based. Grant requests and project applications for activities organised by Union-wide networks, European non- governmental organisations and international organisations, shall be submitted to and managed by the Education, Audiovisual and Culture Executive Agency of the European Commission.
Amendment 613 #
2018/0191(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Inclusion When implementing the Programme, inter alia as regards the selection of participants and the award of scholarships, the Commission and the Member States shall ensure that particular efforts are made to promote social inclusion and the participation of people with special needs or with fewer opportunities. A specific inclusion strategy shall be developed to implement the Programme and inclusion shall be an important element in the programming, monitoring and evaluation.
Amendment 626 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. National agencies referred to in Article 24 shall develop a consistent strategy with regard to the effective outreach as well as dissemination and exploitation of results of activities supported under the actions they manage within the Programme, shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results, and. National agencies shall inform all relevant target groups about the actions and activities undertaken in their country, with a view to enhancing outreach across and cooperation with the wide spectrum of stakeholders and to support a cross- sectoral approach in the Programme’s implementation.
Amendment 637 #
2018/0191(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at resolving issues that give rise to difficulties in obtaining visas, residence permits and other legal difficulties that could prevent young people’s access to the programme.
Amendment 645 #
2018/0191(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The national agency shall regularly consult the beneficiaries of the Programme (individuals and organisations) in order to collect their feedback on the Programme and improve its implementation at national level based on their feedback and expertise.
Amendment 672 #
2018/0191(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The committee may meet in specific configurations to deal with sectoral issues. Where appropriate, in accordance with its rules of procedure and on an ad hoc basis, external experts, including representatives of the social partners, may becivil society organisations and representatives of beneficiaries, shall be regularly invited to participate in its meetings as observers.
Amendment 26 #
2018/0170(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Elements pointing to possible criminal conduct falling within the competence of the EPPO may, in practice, be present in initial allegations received by the Office or may emerge only in the course of an administrative investigation opened by the Office on the grounds of suspicion of administrative irregularity. In order to comply with its duty to report to the EPPO, the Office should therefore, as the case may be, reportnotify any criminal conduct without undue delay. This notification may be followed by a report, where the EPPO considers necessary. Both the notification and the report should be sent without undue delay at any stage before or during an investigation.
Amendment 31 #
2018/0170(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to enhance the effectiveness of notifying and reporting any criminal case, the content of the report must be inconformity with rules lied down by the Regulation (EU) 2017/1939. Regulation (EU) 2017/1939 specifies the minimum elements that, as a rule, reports should contain. The Office may need to conduct a preliminary evaluation of allegations to ascertain these elements and collect the necessary information. The Office should conduct this evaluation expeditiously and through means which do not risk jeopardising a possible future criminal investigation. Upon completion of its evaluation, it should report to the EPPO where a suspicion of an offence within its competence is identified.
Amendment 36 #
2018/0170(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In conformity with Regulation (EU) 2017/1939, the Office should in principle not open an administrative investigation parallel to an investigation conducted by the EPPO into the same facts. Such investigations should only be carried out upon agreement of the EPPO. However, in certain cases, the protection of the Union’s financial interests may require that the Office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the EPPO with the purpose of ascertaining whether precautionary measures are necessary, or financial, disciplinary or administrative action should be taken. These complementary investigations may be appropriate, inter alia, when necessary to recover amounts due to the Union budget subject to specific time-barring rules, when the amounts at risk are very high, or where there is the need to avoid further expenditure in risk situations through administrative measures. Such investigations can be carried out upon mere inaction of EPPO.
Amendment 88 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 1
Article 12c – paragraph 1
1. The Office shall report to the EPPO without undue delay anywithout undue delay report to the EPPO on any indication of a criminal conduct in respect of which the EPPO could exercises its competence in accordance with Articles 22 and Article 25(2) and (3)25 of Regulation (EU) 2017/1939. The report shall be sent without undue delay at any stage before or during an investigation of the Office. The EPPO may request the Office to send additional information setting a deadline for this transmission.
Amendment 91 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 2
Article 12c – paragraph 2
2. The report shall contain, as a minimum, a description of the facts, including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims, suspects and any other involved persons. In addition to that, Office shall include any other relevant facts related to the case that the Office has knowledge of.
Amendment 97 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 4 – subparagraph 2
Article 12c – paragraph 4 – subparagraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working dout undue delays.
Amendment 99 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12d – paragraph 2
Article 12d – paragraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working dout undue delays.
Amendment 104 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 2
Article 12f – paragraph 1 – subparagraph 2
Within 3010 working days after receipt of this information the EPPO may object to the opening of an investigation or to the performance of certain acts pertaining to the investigation, where necessary to avoid jeopardising its own investigation or prosecution, and for as long as these grounds persist. The EPPO shall notify to the Office without undue delay when the grounds for the objection cease to apply.
Amendment 106 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 3
Article 12f – paragraph 1 – subparagraph 3
In the event that the EPPO does not object within the time period of the previous subparagraph10 working days, the Office may open an investigation, and it shall conduct it in close consultation with the EPPO.
Amendment 2 #
2018/0166R(APP)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the MFF 2021-2027 should facilitate a true European added value budget with sufficient funding to achieve its ambitions, and a strengthened focus on stability and simplicity, performance and results, leading to better spending, low operating costs, efficient allocations of resources, equity, and increased accountability and transparency in relation to the Union’s funds, making it understandable to a European tax-payer;
Amendment 10 #
2018/0166R(APP)
Draft opinion
Paragraph 9
Paragraph 9
9. NotWelcomes that the Commission intends to bring the structure and the programmes of the EU budget fully into line with the Union’s post-2020 positive agenda, as agreed in Bratislava and Rome2 ; notes that the declarations and roadmap adopted in Bratislava and Roma may not be considered as a long term strategic vision with objectives and indicators covering all the policy fields of the Union; _________________ 2 Bratislava declaration of 16 September 2016; Rome Declaration of 25 March 2017.
Amendment 11 #
2018/0166R(APP)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates its call on the European Commission to introduce a long-term vision on the position of the European Union in the globalized world that would be underlined by rightly applied policies based on long-term political objectives, thus enabling the EU to address the current and future challenges; notes that failing in doing so might potentially undermine the added value of the MFF proposal;
Amendment 12 #
2018/0166R(APP)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that the Europe 2020 strategy will end before the start of the new MFF period, and that no new set of strategic EU goals has been decided on yet; stresses once againthe need for further strategic policy planning on the Commission´s side and reiterates that public budgets are to be determined after the setting of long-term political objectives and the designing of policies, regrets that the new MFF proposal has become a vehicle for shaping the EU’s political objectives after 2020 rather than simply reflecting them in a line with a overall vision for the EU; regrets that the new MFF proposal does not fully reflect this demand;
Amendment 15 #
2018/0166R(APP)
Draft opinion
Paragraph 11
Paragraph 11
11. Points outStresses that the Member States and the Commission should be able tofirstly present well-justified needs for Union funding and define the strategic aims and the intended results to be achieved before any spending is setplanned with the corresponding indicators to be measured;
Amendment 17 #
2018/0166R(APP)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the overall modernization and simplification of the budget and the ambition for increased streamlining, flexibility and transparency;
Amendment 19 #
2018/0166R(APP)
Draft opinion
Paragraph 15
Paragraph 15
15. Recalls that the funding for policies and projects should be in line with climate and energy objectives and the commitments made under the Paris Agreement; recalls, therefore, that at least 30 % of the EU’s expenditure should contribute to the climate objectives and agrees that this is best done by mainstreaming climate spending across all EU programmes; reiterates its call on the Commission to ensure that this is applied in a coherent and comprehensive manner in accordance with strategic planning;
Amendment 21 #
2018/0166R(APP)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Invites the Commission to continuously demonstrate sufficient leadership and commitments in the strategic areas and calls on the Commission to ensure increase of the overall visibility of the funding towards general public;
Amendment 29 #
2018/0166R(APP)
Draft opinion
Paragraph 29
Paragraph 29
29. Recalls that the European budget has an obligation to respond adequately to the demands and ambitions of the European policies, and be of added value to the Union; recalls that the lack of overall vision may hinder the added value;
Amendment 30 #
2018/0166R(APP)
Draft opinion
Paragraph 30
Paragraph 30
30. Welcomes the Commission’s proposals to improve the EU budget’s capacity to respond to changing circumstances by increasing overall flexibility and ensuring sufficient appropriations to cover unforeseen events without hampering monitoring and control; welcomes, in particular, the proposals to raise the own resources ceiling, reduce the difference between total payment appropriations and total commitment appropriations, remove the limits placed on the Global Margin for Payments, increase the size and scope of special instruments outside the MFF (Flexibility Instrument, Emergency Aid Reserve, European Union Solidarity Fund and European Globalisation Adjustment Fund), to extend the scope of the Emergency Aid reserve to operations inside the EU, and to widen the Global Margin for Commitments and rename it the Union reserve;
Amendment 34 #
2018/0166R(APP)
Draft opinion
Paragraph 33
Paragraph 33
33. Is deeply concerned byNotes the cuts proposed by the Commission in the CAP and cohesion and considers them a necessary step towards more effective and target-focused spending;
Amendment 36 #
2018/0166R(APP)
Draft opinion
Paragraph 34
Paragraph 34
Amendment 39 #
2018/0166R(APP)
Draft opinion
Paragraph 36
Paragraph 36
36. Asks, once again, for the Commission and the Member States to rectify this anomaly, and stresses that the CAP financing schemes should focus more on farmers operating under special constraints, more specificallyStresses that the CAP financing schemes should especially benefit small farm businesses, ecologically and geographically challenging areas and sparsely populated regions in accordance with the strategic goals of the EU;
Amendment 41 #
2018/0166R(APP)
Draft opinion
Paragraph 37
Paragraph 37
Amendment 43 #
2018/0166R(APP)
Paragraph 5
5. Underlines, furthermore, the importance of the horizontal principles that should underpin the MFF and all related EU policies; reaffirms, in this context, its position that the EU must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplores the lack of a clear and visible commitment to that end in the MFF proposals; requests, therefore, the mainstreaming of the SDGs into all EU policies and initiatives of the next MFF; strongly emphasises the importance of the fundamental rights enshrined in the Charter of Fundamental Rights, which should be streamlined into every policy proposals as a horizontal obligation of the Union; welcomes in this context the creation of new Justice, Rights and Values Fund aiming at inter alia promoting European justice area, rights, values and equality; JHA agencies, should support the Commission in its coordination and oversight tasks in respect to funds by assisting in monitoring and training activities; calls in particular for a close cooperation of the Fund with the European Union Agency for Fundamental Rights; further emphasises that the elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe and deplores the lack of gender mainstreaming and gender equality commitments in EU policies, as presented in the MFF proposals; underlines also its position that, following the Paris Agreement, climate- related spending should be significantly increased in comparison with the current MFF and reach 30 % as soon as possible and at the latest by 2027;
Amendment 44 #
2018/0166R(APP)
Draft opinion
Paragraph 38
Paragraph 38
38. Fears that the largNotes the cuts in the rural development programmes, namely 27 % overall, with 45 % in the Cohesion and 10 % in the European Social Fund, will not allow the Union; however invites the Commission to ensure its ability to successfully tackle the disparities and sharp divisions between urban and rural areas, to reverse the processes of deepening divergences and to overcome fragmentation; reiterates its position that additional political priorities should be coupled with additional financial means and not financed to the detriment of successful EU policies;
Amendment 46 #
2018/0166R(APP)
Draft opinion
Paragraph 39
Paragraph 39
39. WNotes that the current system of own resources is excessively complex and places unequal emphasis on the net balances between Member States; welcomes the three new categories of own resources that include a share of the common consolidated corporate tax base (CCCTB), a 20 % share of the revenue generated by the emissions trading scheme and a national contribution calculated on the amount of non-recycled plastic packaging waste in each Member State;
Amendment 48 #
2018/0166R(APP)
Draft opinion
Paragraph 40
Paragraph 40
40. Encourages the Commission to make additional proposals for new own resources in order to achieve a self- sustaining EU budget in the medium term; is of the opinion that the share of new genuine own resources shall play a significant role in the revenue side of the EU budget;
Amendment 50 #
2018/0166R(APP)
Draft opinion
Paragraph 41
Paragraph 41
41. BelievReiterates that the current system of corrections and rebates needs to be abolished, and supports the Commission’s proposal to phase out all rebates by 2025, which will lead to simpler and more transparent structure;
Amendment 52 #
2018/0166R(APP)
Draft opinion
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Believes that the financing of the EU should be more stable, sustainable, predictable, more transparent and understandable to EU citizens;
Amendment 53 #
2018/0166R(APP)
Draft opinion
Paragraph 44
Paragraph 44
44. Notes that the overarching objective of conditionality in the EU is to foster integration and cohesion among Member States; believes that sound logical conditionality must involve setting incentives in such a way that it leads to further engagement of the Member States in the European project, contributes to the intended outcome and prevents the misuse of EU funds;
Amendment 57 #
2018/0166R(APP)
Draft opinion
Paragraph 47
Paragraph 47
47. Welcomes the principle that future revenues from EU policies should flow into the EU budget, as they constitute a genuine EU income source., especially in the areas of environment, customs, climate, transport or energy;
Amendment 58 #
2018/0166R(APP)
Draft opinion
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Reiterates its call on the Commission to ensure strengthening of the existing systems of control and preventing fraud and irregularities harming the EU financial interests;
Amendment 59 #
2018/0166R(APP)
Draft opinion
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. In this regard stresses the need to erase the disparities in custom controls across the EU that constitute a massive risk to the EU financial interests and calls on the Commission to harmonize the custom management across the EU in order to effectively combat smuggling of goods and tax-fraud.
Amendment 114 #
2018/0166R(APP)
Paragraph 14 – point xv
xv. Reinstate at least the 2020 level for all agencies; Increase the level for JHA agencies for which the workload and/or number of new tasks resulting from Union’s priorities significantly increased in particular in the area of security, migration and fundamental rights;
Amendment 459 #
2018/0108(COD)
(14 a) 'affected State' can mean both the Member State of permanent residence of the affected person or of the person bound by an obligation of professional secrecy or lawyer-client privilege, as soon as the identity of that person is already known to the issuing authority and where the State of permanent residence of the person or the person bound by an obligation of professional secrecy or lawyer-client privilege is neither the issuing nor the executing State;
Amendment 663 #
2018/0108(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 40 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistle blowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. in case they expose irregularities, mismanagement, misuse of funds, maladministration or potential corruption related to the activity of public and private bodies within the Union; they are not truly protected and do not feel protected; this is why many of them use other means to reveal the wrongdoing or even refrain from acting;
Amendment 46 #
2018/0106(COD)
Proposal for a directive
Recital 2
Recital 2
(2) At Union level, reports by whistleblowers and investigative journalists are one upstream component of enforcement of Union law: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.
Amendment 52 #
2018/0106(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas; moreover, there is a lack of follow-up and proper settlement regarding whistle-blowing cases across Member States as well as within the European institutions. The consequences of breaches of Union law with cross-border dimension uncovered by whistleblowers illustrate how insufficient protection in one Member State or within the European bodies not only negatively impacts on the functioning of EU policies in that Member State but can also spill over into other Member States and the Union as a whole.
Amendment 61 #
2018/0106(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The protection of the financial interests of the Union, which relates to the fight against fraud, corruption and any other illegal activity affecting the use of Union expenditures, the collection of Union revenues and funds or Union assets, is a core area in which enforcement of Union law needs to be strengthened. The strengthening of the protection of the financial interests of the Union also encompasses implementation of the Union budget related to expenditures made on the basis of the Treaty establishing the European Atomic Energy Community. Lack of effective enforcement in the area of the financial interests of the Union, including fraud and corruption at national level, causes a decrease of the Union revenues and a misuse of EU funds, which can distort public investments and growth and undermine citizens’ trust in EU action. Whistleblower protection isInvestigative journalists also play a crucial role in revealing wrongdoing connected to all these areas; they represent a very exposed group of professionals, often paying with their jobs, freedom and even with their lives disclosure of massive irregularities and corruption schemes; therefore, special measures to protect investigative journalists should be included in a horizontal legislative proposal for the protection of whistle-blowers. Investigative journalism and whistleblower protection are necessary to facilitate the detection, prevention and deterrence of relevant fraud and illegal activities.
Amendment 81 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic or other type of vulnerability in the context of their work- related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to investigative journalists who acquired and published information on corruption schemes, money laundering, fraud, misuse of public money, abuse of office and other irregularities; the same protection should apply to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 93 #
2018/0106(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the same vein, whistleblowers’ reports can be key to detecting and preventing, reducing or eliminating risks to public health and to consumer protection resulting from breaches of Union rules which might otherwise remain hidden. In particular, consumer protection is also strongly linked to cases where unsafe products can cause considerable harm to consumers, e.g. odometer fraud. Whistleblower protection should therefore be introduced in relation to relevant Union rules adopted pursuant to Articles 114, 168 and 169 TFEU.
Amendment 95 #
2018/0106(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Each time a new Union act for which whistleblower protection is relevant and which can contribute to more effective enforcement is adopted, consideration should be given to whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 98 #
2018/0106(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliationas well as to investigative journalists from retaliation and any form of harassment increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies.
Amendment 103 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, interns, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 107 #
2018/0106(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Provided the confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee confidentiality of the identity of the reporting person; anonymous reporting should be taken into consideration and protection of initially anonymous whistle-blowers should be put in place, in cases where such protection is required.
Amendment 111 #
2018/0106(COD)
Proposal for a directive
Recital 40
Recital 40
(40) It should be clear that, in the case of private legal entities which do not provide forithout appropriate internal reporting channels, reporting persons shouldmust be able to report directly externally to the competent authorities and such persons should enjoy the protection against retaliation provided by this Directive.
Amendment 121 #
2018/0106(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Protection of personal data of the reporting and concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities and relevant bodies, offices or agencies of the Union should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 128 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, rReporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry)., or where there is a substantiated belief that the use of internal channels might hinder the reporting;
Amendment 130 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; where they believe the internal channels lack independence; that their confidentiality would not be protected; that the ultimate responsibility holder within the work- related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, prevention and detection of money laundering and terrorist financing or in the area of financial services.
Amendment 135 #
2018/0106(COD)
Proposal for a directive
Recital 67
Recital 67
(67) Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States and relevant bodies, offices or agencies of the Union should ensure that relevant information is provided in a user-friendly way and is easily accessible to the general public. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules (‘signposting’). Access to such advice can help ensure that reports are made through the appropriate channels, in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented.
Amendment 136 #
2018/0106(COD)
Proposal for a directive
Recital 67
Recital 67
(67) Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States should ensure that relevant information is provided in a user-friendly way and is easily accessible to the general public. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules (‘signposting’). Access to such advice anonymously can help ensure that reports are made through the appropriate channels, in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented.
Amendment 147 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
(ii) financial services, prevention of tax evasion, money laundering and, terrorist financing; and financing of organized crime;
Amendment 177 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) independent channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality of the identity of the reporting person and prevents access to non-authorised staff members;
Amendment 178 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the designation of a specifically trained person or department competent for following up on the reports;
Amendment 274 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities shall ensure that a report received by means other than dedicated reporting channels referred to in paragraphs 1 and 2 is promptly forwarded without modification to the dedicated staff members of the competent authority by using dedicated communication channels. Anonymous reporting shall be taken into account.
Amendment 324 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive, including investigative journalists, shall qualify for protection under this Directive where:
Amendment 339 #
2018/0106(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
14 Prohibition of retaliation against reporting persons and investigative journalists
Amendment 342 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) coercion, intimidation, harassment or ostracism at the workplace, in public or private life;
Amendment 348 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point k a (new)
Article 14 – paragraph 1 – point k a (new)
k a) abusive suing and disproportionate financial claims;
Amendment 363 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8
Article 15 – paragraph 8
8. In addition to providing legal aid to reporting persons in criminal and in cross- border civil proceedings in accordance with Directive (EU) 2016/1919 and Directive 2008/52/EC of the European Parliament and of the Council63 , and in accordance with national law, Member States mayshall provide for further measures of legal and financial assistance and support for reporting persons in the framework of legal proceedings. _________________ 63 Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136, 24.5.2008, p. 3).
Amendment 371 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) take retaliatory measures against reporting persons or investigative journalists revealing wrondoing;
Amendment 372 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
c) bring vexatious proceedings against reporting persons or investigative journalists revealing wrongdoing;
Amendment 45 #
2018/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which deliversindustrially uses or makes available regulated explosives precursors or services related to regulated explosives precursors, on the market, either off- or online and including online marketplaces;.
Amendment 50 #
2018/0103(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An economic operator who makes available products usually offered for sale to the general public which contain a restricted explosives precursor to another economic operator shall inform that economic operator that the acquisition, possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in Article 5(1) and (3).
Amendment 52 #
2018/0103(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. An economic operator who makes available regulated explosives precursors to a professional user or to a member of the general publicproducts usually offered for sale to the general public which contain a restricted explosives precursor in accordance with Article 5(3) shall ensure and be able to demonstrate to the competent authorities referred to in Article 11 that their personnel involved in the sale of regulated explosives precursors is:
Amendment 58 #
2018/0103(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purpose of verifying that a prospectivenew customer is a professional user or a farmer, an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following:
Amendment 62 #
2018/0103(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For the purpose of verifying compliance with this Regulation and detecting and preventing the illicit manufacture of explosives, economic operators shall retain the data referred to in paragraph 2, together with the name and address of the customer, for one year from the date of transaction. During that period, the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities.
Amendment 72 #
2018/0103(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction wino later thian 248 hours after its occurrence, including if possible the identity of the customer, to the national contact point of the Member State where the suspicious transaction was concluded or attempted.
Amendment 35 #
2017/2286(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that, contrary to populist narrative, EU citizens expect the Union to do more, and to protect them from the consequences of global competition, climate change and international security threats; believes that in order to fulfil these expectations, the EU must, within the remit of its competences, perform better, so as to narrow the gap in living standards between EU citizens, to prepare the European economy and EU citizens to face up to the challenge of digitalisation, to manage migration flows, and to put an end to various kinds of discrimination, such as discrimination against women or LGBTI people, while fully adhering to the EU 2020 strategy and UN Sustainable Development Goals;
Amendment 48 #
2017/2286(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the 2019 EU budget must primarily answer to the challenges the EU youth is facing; stresses that youth unemployment is one of the biggest challenges with high social impact at European level;
Amendment 103 #
2017/2286(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expects the negotiations on the 2019 budget to lead to realistic operational and administrative funding of the EU agencies, enablsuring them to accomplish their growing tasks of fighting organised crime, terrorism and border management implementation of European legislation and thus accomplishing EU policy objectives;
Amendment 140 #
2017/2286(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that both the EU and the Member States should demonstrate solidarity towards migrants arriving in Europe in facing up to this challenge; believes that EU agencies and policies involved in or relating to the management of migration flows should be adequately financed to meet this challenge and that the EU, in order to mitigate the cost in the long term and by acting in a manner befitting its values, should also demonstrate solidarity in creating conditions for peace and prosperity in the countries of origin by placing greater emphasis on development policies; recalls that the redeployment of funding from development to security and defence objectives must be avoidedprovided with adequate financial and human resources;
Amendment 6 #
2017/2279(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the crucial role cohesion policy has played in the achievement of economic and social convergence in the EU; expresses concern, however, that inequalities persist between rich and poor regions and between the salaries of the social categories of citizens; stresses that neither the objectives nor the EU funding of cohesion policy should be watered down; further stresses that none of them must be conditioned by other EU policies or agendas;
Amendment 21 #
2017/2279(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that financial instruments in EU cohesion policy should not replace direct grants and aid, but should be treated as complementary tools; nevertheless asks that the possibilities for new financial instruments in cohesion policy should be explored;
Amendment 26 #
2017/2279(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. StressUrges that the legislative proposals for the next MFF should be submitted as soon as possible to avoid delays in the programming for the next period; Takes the view that cohesion policy ceilings should be raised so that the EU can finally have all the funds it needs to meet its objectives and priorities, as set out under the Treaties;
Amendment 30 #
2017/2279(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that cohesion policy should benefit all regions, in particular those with the greatest development delays and the Outermost Regions, and that in the most developed regions it should be directed towards the peripheral areas, which are most affected by poverty and are the least attractive in terms of development and working opportunities; .
Amendment 22 #
2017/2259(INI)
Motion for a resolution
Recital D
Recital D
D. whereas education, and intercultural dialogue in particular, have a key role to play in preventing the radicalisation of young people and increasing their resilience;
Amendment 25 #
2017/2259(INI)
Motion for a resolution
Recital E
Recital E
E. whereas young people should be actively involved in the planning, development, implementation, monitoring and assessment of all youth policies impacting young people;
Amendment 27 #
2017/2259(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the 2010-18 EU Youth Strategy (EYS) emphasises the need for a structured dialogue between young people and decision makers;
Amendment 30 #
2017/2259(INI)
Motion for a resolution
Recital G
Recital G
G. whereas young people should be helped and empowered to address the serious problems they are currently facing and to tackle the challenges they will face in the future through more relevant, effective and better coordinated youth policies, improved and accessible education and the targeted use of economic, employment and social policies at local, regional, national and EU levels;
Amendment 34 #
2017/2259(INI)
Motion for a resolution
Recital H
Recital H
H. whereas there is a need to mainstream EU action in the field of youth through the inclusion of a youth dimension in current and future planolicies and funding programmes;
Amendment 36 #
2017/2259(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas there is a need for a coordination of the implementation of the future EYS across different policy sectors and institutions;
Amendment 51 #
2017/2259(INI)
Motion for a resolution
Subheading 1
Subheading 1
Youth challenges and lessons from the current EU youth-related policymaking process
Amendment 66 #
2017/2259(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the positive achievements of the EYS though the development of cross-sector work and the implementation of structured dialogue in order to ensure the participation of young people; calls on the Commission and the Member States to take into account the results of the VI Cycle of the Structured Dialogue that focuses on the future EU Youth Strategy when developing the new strategy;
Amendment 83 #
2017/2259(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the EU should express solidarity with young people and continue to empower them to participate in society, primarily by mainstreaming volunteering, supporting youth work and developing new tools; The increased social participation of young people can, apart from being an important achievement in its own right, act as a stepping stone towards increased political participation;
Amendment 92 #
2017/2259(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Strongly urges the Commission and the Member States to encourage young people, including the most disadvantaged, to pursue a participatory approach to life,adopt a participatory approach to policy-making and to create opportunities for young people, in particular those with fewer opportunities, to influence decisions impacting their lives by using online and offline democracyparticipation tools and by involving the relevant stakeholders, such as social partners, civil society and youth organisations, in the development, implementation and assessment of youth policies;
Amendment 98 #
2017/2259(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses the need to continue the structured dialogue between young people and decision-makers under the next European cooperation framework in the field of youth; believes that the structured dialogue process should be systematically reaching out to more and diverse groups of young people, and sufficient financial support for national and European working groups should be provided to ensure it; calls on the Member States to encourage participation of national, regional and local decision-makers in the structured dialogue with young people;
Amendment 101 #
2017/2259(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to encourage regional and local authorities to ensure that young people are able to fully participate and be involved in decision-making, since engagement starts usually at the level that is closest to them and is therefore also a crucial step towards increased European citizenship;
Amendment 123 #
2017/2259(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that YEI measures have provided support for more than 1.6 million young people26 ; emphasises the need to improve the quality of offers under the Youth Guarantee; emphasises the need to improve the outreach to young people in NEET situations facing multiple barriers, and therefore furthest removed from the labour market, and the quality of offers under the Youth Guarantee, by defining clear quality criteria and standards including access to social protection, minimum income and employment rights; _________________ 26 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=- //EP//NONSGML+REPORT+A8-2017- 0406+0+DOC+PDF+V0//EN
Amendment 129 #
2017/2259(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that measures that foster the integration of NEETsyoung people not in employment, education or training into the labour market, including paid internships, traineeships or apprenticeships, must be financially supported by the YEI, but should not be used as a way to substitute employment;
Amendment 143 #
2017/2259(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Strongly believes that quality formal and non-formal education and quality training is a fundamental right; considers, therefore, that access to quality formal and non-formal education should be guaranteed for all Europeans, regardless of socioeconomic status, ethnicity or gender; underlines the important role played by education in providing young people with the knowledge and skills to become committed citizens and take part in the European project;
Amendment 173 #
2017/2259(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises that youth organisations play a crucial role for young peoples’ participation and inclusion in society; Therefore calls on the Member States to support youth organisations and recognise their role as providers of competences development and social inclusion, and support the establishment of youth councils on all levels, working together with young people;
Amendment 177 #
2017/2259(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Stresses the importance of non- formal and informal learning, and quality youth work development as it is essential for the development of a society based on social justice and equal opportunities, and contribute to development of citizenship skills and individual fulfilment;
Amendment 178 #
2017/2259(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Calls on the Member States to continue efforts to implement a national recognition and validation system for competences acquired through non- formal education activities, recalling the Council recommendation of 20 December 2012 on the validation of non-formal and informal learning;
Amendment 198 #
2017/2259(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights the importance of Erasmus+: an essential tool to create active and committed young citizens; strongly believes that Erasmus+ should target all young people and that the greater aspirations for the next Erasmus+ programming period must be matched by significant additional funding to unlock the programme’s full potential, namely an ten- fold increased in budget;
Amendment 1 #
2017/2258(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. RegretEmphasizes that the quantity and lack of flexibility and coherence of EU funding in Heading 4 of the current MFF have been indicative of the EU’s limited ambition to act as a global player, in particular with a view to the provision of global public goods, humanitarian aid and dEU is the biggest provider of external assistance in the world. Recalls that Development cCooperation; recalls the need for long-term programming and predictability, which is of particular importance for developm Instrument (DCI) remains the largest external financing instrument in the current aidMFF;
Amendment 4 #
2017/2258(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the need for long-term programming and predictability, which is of particular importance for development aid; notes though the insufficient focus on the results as well as inadequate level of monitoring and evaluation of development related external financing instruments;
Amendment 10 #
2017/2258(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Emphasizes the importance of complementing assistance from public funds with flexible and adaptable instruments that would trigger private investments in developing countries;
Amendment 12 #
2017/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls the importance of these instruments for the provision of global public goods such as climate change, conflict prevention, stabilityand challenges such as human development, climate change, conflict prevention, support to peace and stability, migration and asylum and the Sustainable Development Goals;
Amendment 19 #
2017/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the objectives of development policy are distinct from and may not be conflated with or subordinated to general foreign policy or migration managementshould complement EU foreign policy and migration management while guaranteeing that development money should only be used for development objectives and purposes;
Amendment 22 #
2017/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises the importance of ensuring coherence and synergies between development and humanitarian aid; considers that well managed and used development aid is an important element in strengthening capacity of developing countries to better cope with humanitarian crisis;
Amendment 333 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 g (new)
Paragraph 29 g (new)
29 g. Encourages the Member States to further develop and implement all- encompassing policies on inclusive education aimed at targeting specific needs and promoting the rights of the most vulnerable groups;
Amendment 335 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 i (new)
Paragraph 29 i (new)
29 i. Calls on the Member States to continue beyond 2018 with their efforts to further enhance the implementation of the 2012 Council recommendation on the validation of non-formal and informal learning;
Amendment 422 #
2017/2224(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Encourages the Member States and the Commission to develop strategies to support initiatives by schools and teachers to create a more inclusive learning environmentCalls on the Commission to addresses school bullying, cyberbullying and violence by developing, in cooperation with the direct beneficiaries, school prevention programmes and awareness raising campaigns;
Amendment 17 #
2017/2178(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Management Committee of the Agency has approved its Guidelines on Whistleblowing on 23 May 2016 and that the European Anti-Fraud Office (OLAF) gave a positive opinion on the text; notes, however, that the Directorate-General for Human Resources of the Commission was not in favour of it and informed the Agency that the Commission is working on new guidelines; notes with satisfaction that in the meantime the Agency has published the general principles relevant for whistleblowing in its code of conduct published on its website; reiterates that transparency is a key issue for creating and maintaining a trusting relationship between the citizens, the Union and its institutions;
Amendment 21 #
2017/2175(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Notes with disappointment that the Agency´s visibility is still not satisfactory and that it does not portray sufficiently the work of the EU in the Agency´s field of work; calls on the Agency to be more proactive in presenting its mission and work to wide public and to increase its overall visibility;
Amendment 21 #
2017/2169(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Notes with satisfaction that Europol continued to cooperate with a number of international partners as well as other Union agencies and bodies, and in particular, in view to the migration crisis, Europol further strengthened its cooperation with Frontex;
Amendment 9 #
2017/2165(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Notes with disappointment that the Agency´s visibility is still not satisfactory and that it does not sufficiently highlight the work carried out by the Union in the Agency´s field of activity; calls on the Agency to be more proactive in presenting its mission and work to the wider public and to increase its overall visibility;
Amendment 15 #
2017/2158(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the Agency’s 2018-2022 European Plan for Aviation Safety (EPAS), with the purpose to provide a transparent framework for safety aviation and to identify major risks and defining the actions to be taken; furthermore calls upon the Member States to develop and implement increased safety programs and share best practices;
Amendment 12 #
2017/2154(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes with satisfaction that the CVs and declarations of interests of all Management Board members are published on the Agency's website; notes that no breach of trust procedures were initiated for Management Board members in 2016;
Amendment 7 #
2017/2146(DEC)
Motion for a resolution
Recital G
Recital G
G. whereas effective coordination is central to limiting the risk of aid fragmentation and maximising impact coherence and partners’ ownership of development priorities;
Amendment 8 #
2017/2146(DEC)
Motion for a resolution
Recital J
Recital J
J. whereas mobilising the private sector and attracting further investments is key given the funding gap required to reach ambitious development goals, and to secure the best building blocks for sustainable development in the recipient countries in their own administrative capability and societal structure;
Amendment 9 #
2017/2146(DEC)
Motion for a resolution
Recital K
Recital K
K. whereas budget support, while being a key driver for change and to addressing the main development challenges, carries a significant fiduciary risk and should only be granted if it provides sufficient transparency, traceability and accountability and is accompanied by clear commitment from partner countries to reform policies;
Amendment 10 #
2017/2146(DEC)
Motion for a resolution
Recital L
Recital L
L. whereas aid development is implemented in a complex and fragile geographicpolitical context, including eithermpacted by issues such as weak governance frameworks, corruption, social and economic instability, armed conflicts, crisis or post- crisis situations triggering migrations or forced displacements, health crisis, etc.;
Amendment 11 #
2017/2146(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that these encoding errors were already present in 2015 in the context of the management of recovery orders; notes however that in 2016 DG DEVCO issued detailed instructions to its staff on the correct encoding of recovery orders of this type;
Amendment 12 #
2017/2146(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned by the recurrence and persisting typology of errors, in particular in the area of public procurement, despite consecutive corrective action plans, i.e. non-compliance with procurement provisions with a case of services contracts awarded without a competitive selection procedure, expenditure not incurred, ineligible expenditure or lack of supporting documents; observes that those errors were also related to transactions linked to programme estimates, grants and contribution agreements between the Commission and international organisations; calls on the Commission to address the shortcomings in the contract management, selection procedures, document management and the procurement system as a matter of urgency;
Amendment 13 #
2017/2146(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the successive action plans implemented to enhance theWelcomes DG DEVCO´s continuous efforts to improve the implementation of its control framework of DEVCO, in particular the targeting of high-risk areas related to funds under indirect management through international organisations and development agencies and grants under direct management; notes the extension of the reservation to grants and programme estimates under indirect management;
Amendment 15 #
2017/2146(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Repeats its call for unwavering attention to be paid to the recurrent weaknesses observed within the running of key control steps, namely the vulnerability of ex ante checks carried out before project payments are made and external audits verifications on expenditure; notes that DG DEVCO is currently revising the terms of reference of the audits and verifications to obtain information allowing for a quality assessment;
Amendment 16 #
2017/2146(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes that DG DEVCO addressed all weaknesses reported in 2013 by ECA, however notes that the RER- specific estimation method still leaves too wide a margin for individual error rates;
Amendment 21 #
2017/2146(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. AsksCalls on DG DEVCO, along with other services and actors of the external affairs stakeholders, to further develop its communications strategy and tools by highlighting the main results achieved, and by showing various stakeholders and citizens how the Union ito further strengthen the overall visibility of the EDF supported projects in order to reach out to wide public by providing relevant information on the EU´s contributiong to the mainglobal challenges it faces;
Amendment 22 #
2017/2146(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that the coherence and complementarity of such development financial instruments with the EDFs’ strategy and overarching objectives of Union development policy should be continuously ensured;
Amendment 23 #
2017/2146(DEC)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Stresses however that the Commission must ensure that such trust funds add value to existing actions, contribute to increased visibility of the EU external action and soft powers, and avoid duplication of other financial tools;
Amendment 24 #
2017/2146(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls, however, the high inherent risks incurred by these development instruments and, for the time being, the mixed experience in their implementation; reiterates the need for ensuring maximum transparency and accountability of utilization of these instruments;
Amendment 25 #
2017/2146(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Considers it essentialso that the Union’s trust funds’ ability toim at mobiliseing additional funds from the Member States or other donors must be improved, private sector and other donors;
Amendment 29 #
2017/2146(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Acknowledges the Commission’s room for manoeuvreflexibility in assessing whether the general eligibility conditions have been met to make the payments to the partner country (differentiation and dynamic approach to eligibility) due to broad interpretation of the legal provisions and is concerned by the final use of the funds transferred and the lack of traceability when the Union’s funds are merged within the partner’s country budget resources;
Amendment 33 #
2017/2146(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. SRecalls the need for the EDF to offer maximum openness and transparency; supports the public disclosure of relevant budget information related to budget support programmes in order to enhance domestic and mutual accountabilitytransparency and accountability, of and towards all the stakeholders, including citizens;
Amendment 34 #
2017/2146(DEC)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Further invites the Commission to increase its commitment in the fight against tax evasion and tax abuse by decreasing its financial support of blacklisted tax havens through the means of the EDF in order to create an incentive for the listed countries, that encourage abusive tax practices, to comply with the EU´s fair-tax criteria;
Amendment 36 #
2017/2146(DEC)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Encourages the Commission to make an increased use of micro financing instrument, which is considered to be a significant and effective tool in fight against poverty and in lifting up local economies;
Amendment 37 #
2017/2146(DEC)
Motion for a resolution
Paragraph 71 b (new)
Paragraph 71 b (new)
71b. Recalls the need for the EDF financial tools to attract further investments from private sector; encourages the Commission to draw up an action plan that would address this need and to inform the discharge authority on the progress;
Amendment 39 #
2017/2146(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Recognises the necessity to develop new patterns for designing development assistance instruments and related conditionalities, in line with the commitments of the Sustainable Development Goals and the new European Consensus on Development, in order to respond to new critical features such as the development and humanitarian nexus, the development, migration and mobility nexus, the climate change nexus and the peace and security nexus;
Amendment 41 #
2017/2146(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Recognises the operational difficulties or challenges encountered, in particular for the purpose of consensus building especially when the coordination of a large number of donors is at stake in an evolving, complex context and changing needs;
Amendment 42 #
2017/2146(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expresses its support to theRecalls that climate change is one of the greatest challenges facing the European Union and governments across the globe; streongthening ofly calls on the Commission to fulfil its commitments based on the Paris Agreement to strengthen the climate conditionalities of Union funding to finance only climate- compatible projects in order to reflecting the objectives of the Paris Agreement, which will require a change in selection criteria that could differ between partner countries; EU climate objectives, which will require an increased consistency in selection criteria;
Amendment 43 #
2017/2146(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79a. Insists that educational material financed by European funds including PEGASE comply with the common values of freedom, tolerance and non- discrimination through Education adopted by EU Education Ministers in Paris on 17 March 2015; asks the Commission to ensure that European funds are spent in line with Unesco- derived standards of peace and tolerance in education;
Amendment 52 #
2017/2146(DEC)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Takes note of the European Parliament'Reiterates its call for the inclusion of the EDF Fund in the general budget.
Amendment 35 #
2017/2141(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deplores the fact that neither the President, nor the Vice-Presidents and the Secretariat have published declarations of interest on the Committee’s website and urges the Committee to publish them by the end of June 2018 listing membership to any other organisations; deplores the fact that members declarations of interest are published in various languages and different formats limiting the public access to them; urges the Committee to publish them in an unique format and in one of the three languages of the Union by the end of June 2018;
Amendment 39 #
2017/2141(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the case linked to harassment in the Committee which cost it EUR 55 772; regrets that 20 other staff members contacted the Committee's network of confidential counsellors with a perceived harassment-related issue; calls on the Committee to improve its policy in this regard in order to further prevent any form of psychological and sexual harassment.; asks the Committee to report the discharge authority on the measures envisaged to implement in improving this aspect;
Amendment 20 #
2017/2139(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the CJEU to publish curricula vitae and declarations of interest for all CJEU members, listing membership to any other organisations;
Amendment 246 #
2017/2136(DEC)
Motion for a resolution
Paragraph 159
Paragraph 159
159. Calls on DG REGIO and OLAF to keep the European parliament informed about future progress and outcome of the ongoing investigations in the Czech Republic and on the necessary measures taken in light of these inquiries;
Amendment 250 #
2017/2136(DEC)
Motion for a resolution
Paragraph 160
Paragraph 160
160. Welcomes the fact that the European Anti-Fraud Office (OLAF) has completed its administrative investigation into the Czech “stork nest” project; takes note that the OLAF case file has been widely publicised by the Czech and international media; regrets that OLAF found serious irregularities and notes with deep concern that its investigation involved actors on the highest political level, including the PM;
Amendment 253 #
2017/2136(DEC)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Calls on DG REGIO to recover the Union co-financing involved, i.e. EUR 1,67 million, and to apply necessary sanctions;
Amendment 254 #
2017/2136(DEC)
Motion for a resolution
Paragraph 161 a (new)
Paragraph 161 a (new)
161a. Deplores that the case of the "stork nest" project is not a unique subsidy malpractice in the Czech Republic but that there are more than four dozens similar cases under national or OLAF investigation; calls on the Czech authorities to create a transparent subsidy environment; calls on the Commission to continue to thoroughly monitor developments in this area;
Amendment 257 #
2017/2136(DEC)
Motion for a resolution
Paragraph 162
Paragraph 162
162. Calls on the relevant Czech authorities and law enforcement to take appropriate judicial follow-up action to the violation of Czech and European legal provisions in these cases;
Amendment 83 #
2017/2083(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. As regards to our northern Africa neighbors, we underscore the need to revive the Maghreb Arab Union as a vehicle for a regional security cooperation, including the fighting against terrorism, the managing of migration flows, and the controlling of the regional borders
Amendment 44 #
2017/2053(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the current system of own resources suffers from its excessive complexity; notes that current system places unequal emphasis on the net balances between Member States; believes that a reform based on clear and commonly agreed principles should be prepared by the Commission and the Member States to resolve this problem effectively;
Amendment 47 #
2017/2053(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to consider recommendations on new resources as presented by the High Level Group on Own Resources in its report on the future financing of the EU;
Amendment 48 #
2017/2053(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Encourages the Commission to examine and introduce concrete proposals for new resources in order to reduce GNI- based and VAT-based resources to the EU budget; considers that the current VAT- based of own resources should be replaced by a proper transfer of a share of VAT levied at national level; believes that new resources could come also from European policies such as environment, energy, climate or transport policies;
Amendment 49 #
2017/2053(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Considers that if any new resource will be adopted, it should follow three basic criteria: simplicity equity and democratic control; recalls that the principles mentioned by High-Level group on Own Resources should to be taken into account when considering new sources; points out that new system should be understandable and transparent for European tax-payers;
Amendment 50 #
2017/2053(INI)
Draft opinion
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls on the Commission and the Member States to omit all rebate mechanisms and corrections, which would provide more simple, democratic and transparent structure;
Amendment 51 #
2017/2053(INI)
Draft opinion
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Stresses the importance of customs inspections and the related collection of customs duties; draws attention to the revenue losses due to the VAT gap and cross border VAT frauds; underlines that smuggling of heavily taxed goods means serious losses of revenue to the budget of the EU and the Member States;
Amendment 52 #
2017/2053(INI)
Draft opinion
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Recalls the importance of facilitating and accelerating information exchange with authorities such OLAF and Europol in order to combat customs frauds and fight cross-border tax crime;
Amendment 9 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission and the Member States to introduce a fundamental reform of the multiannual financial framework (MFF) to prevent Brexit from having any negative effects on the level of funding earmarked for EU-wide cooperation programmes, in the fields of culture, education, youth and research, that have clearly demonstrated their European added value and enjoy lasting popularity among beneficiaries;
Amendment 44 #
2017/2052(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for continuous investment in the current and future ET2020 framework, Erasmus+, Creative Europe and Europe for Citizens programmes to provide space for youth organisations to continue reaching out to young people and providing them with valuable competences and life-skills through lifelong learning, learner-centred and non-formal education and informal learning opportunities, particularly volunteering and youth work;
Amendment 47 #
2017/2052(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for investing ten times more in the Erasmus+ Successor Programme for the next Multiannual Financial Framework cycle in order to reach out to many more young people and learners across Europe and achieve the full potential of the programme, supporting the call made by President Juncker in the State of the Union Speech, by several European leaders and by the Erasmusx10 campaign of a coalition of civil society organisations. The current Erasmus+ programme accounts for only 1,36% of the overall EU Budget 2014-2020 and will only benefit 4 million Europeans by the end of its implementation in 2020;
Amendment 77 #
2017/2052(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the next MFF should enable the Union to provide solutions and emerge strengthened from the crises of the decade: the economic and financial downturn, youth unemployment, raising poverty and inequalities, the phenomenon of migration and refugees, climate change and natural disasters, terrorism and instability, to name but a few; underlines that these global, cross-border challenges with domestic implications reveal the interdependency of our economies and societies, and point to the need for joint actions;
Amendment 90 #
2017/2052(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the proclamation of the European Pillar of Social Rights and the commitment from EU institutions and Member States to ensure a more Social Europe should be supported by adequate financial resources, including through EU funding instruments.
Amendment 529 #
2017/2052(INI)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Is strongly committed to the delivery of Social Europe and the implementation of the European Pillar of Social Rights, and points to the existing instruments contributing to these goals, notably the ESF, the Youth Employment Initiative, the Fund for European Aid to the Most Deprived, the EGF and EaSI; believes that they should be safeguardtrengthened in the next MFF;
Amendment 548 #
2017/2052(INI)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Emphasises in particular the continuous need to fight unemployment, especially among young people, and calls, therefore, for a doubling of the Youth Employment Initiative envelope in the next programming period; the Youth Employment Initiative should continue to target young people directly and should be transformed from a crisis instrument into a more permanent EU financing instrument for tackling youth unemployment, taking into account the financial commitment required to comprehensively tackle youth unemployment in the EU; considers that investment to boost education and training, especially the development of digital skills, remains one of the top priorities of the EU;
Amendment 553 #
2017/2052(INI)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Recognises the European added value of having a comprehensive approach to youth policies at EU level; emphasises that a holistic approach to young people is conducive to social justice and competitiveness; notes that cooperation in the field of youth is a prerequisite for achieving other goals set by the EU and that therefore a youth perspective should be mainstreamed in programmes and instruments such as those for cohesion policy, external action, development cooperation and investment recognising the importance of monitoring spending on youth and of assessing the impact on youth when planning the spending of the budget in other fields;
Amendment 559 #
2017/2052(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Expresses support for programmes in the areas of culture, education, media, youth, sports and citizenship that have clearly demonstrated their European added value and enjoy lasting popularity among beneficiaries; advocates, therefore, continuous investment in the Education and Training 2020 framework through the Erasmus+, Creative Europe and Europe for Citizens programmes in order to pursue reaching out to young people and providing them with valuable competences and life skills through lifelong learning, learner-centred and non-formal education, as well as informal learning opportunities; calls in particular for a tripling of the Erasmus+ envelope in the next MFF with the aim of reaching many more young people, youth organisations and learners across Europe, and achieving the full potential of the programme; recommends, moreover, the continuation of the European Solidarity Corpsprogramme to continue reaching out to young people and providing them with valuable competences and life skills through lifelong learning, learner-centred and non-formal and informal learning opportunities, particularly volunteering and youth work; recommends, moreover, the continuing support to youth participation and youth mobility, volunteering, solidarity and youth work and reiterates its support for strengthening the external dimension of the Erasmus+ and Creative Europe programmes;
Amendment 585 #
2017/2052(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Expects that in the post-2020 period, the European Union will move from crisis-management mode to a permanent, European policy in the field of asylum and migration; stresses that the actions in this field should be covered by a dedicated instrument, i.e. the Asylum, Migration and Integration Fund; emphasises that the future fund, as well as the relevant Justice and Home Affairs (JHA) agencies, must be equipped with an adequate level of funding for the whole of the next MFF to address the comprehensive challenges in this area; believes, furthermore, that the Asylum, Migration and Integration Fund (AMIF) should be complemented by additional components tackling this issue under other policies, in particular by the cohesion funds and the instruments financing external actions, as no single tool could hope to address the magnitude and complexity of needs in this field; recognises, moreover, the importance of cultural, educational, youth and sports programmes in integrating refugees and migrants into European society;
Amendment 643 #
2017/2052(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Stresses that the level and mechanisms of funding in the field of internal security should be stepped up from the outset and for the entire duration of the next MFF in order to avoid systematic recourse to the flexibility provisions of the MFF every year; calls for sufficient resources to be provided to law enforcement agencies (Europol, Eurojust and Cepol) and for the European Agency for the operational management of large- scale IT systems (eu-LISA) to be endowed with the means to implement and manage its new responsibilities; underlines the role of the EU Agency for Fundamental Rights in understanding and responding to the phenomena of radicalisation, marginalisation, hate speech and hate crime and stresses the importance of social cohesion and social justice as well as the social inclusion of all people in Europe - also stipulated in the European Pillar of Social Rights - to counteract these phenomena;
Amendment 1 #
2017/2044(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Draft Budget 2018 (DB 2018); regrets the reduction in both commitment appropriations (CA) and payment appropriations (PA) in Heading III compared to 2017; underlines that these decreases cannot be justified by the delays in implementation of the agreed measures; welcomes the top-up of Heading III by an additional EUR 817.1 million above its ceiling using the flexibility instrument; highlights that the proposed level of expenditure will be insufficient to cover the needs in light of the prevailing security threats and the continuous migratory pressure which has recently been increasing along the Central Mediterranean route and the evolution of which cannot be predicted;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the large budget reduction (49,7 % in PA) for the Asylum, Migration and Integration Fund (AMIF) undermines the importance and urgency of the AMIF policy objectives; challenges the Commission’s assertions in DB 2018 that justify its proposed reduction in AMIF funding; stresses that security for those who seek protectionwelcomes the Commission proposal to reinforce frontline activities linked to migration and security, including the increase in the operational capacities for integration and improved cooperation on return/readmission with third countries, but stresses that the management of the migration flows in the Union should not be adversely affected by budgetary cuts;
Amendment 16 #
2017/2044(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Reiterates the importance to make targeted funding available to tackle the root causes of the migration and refugee crisis; stresses, to this end, that the Union budget should finance measures in the countries of origin of migrants as well as in host countries of refugees, including, but not limited to measures addressing poverty, unemployment, education and economic opportunities, as well as instability, conflict and climate change;
Amendment 20 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the significant budget reduction for the Internal Security Fund (ISF) (35,6 % in PA); stresses that in light of the continued security threat in the Union, ISF funding should be sufficient to aid Member States in dealing with threats to internal security; highlights the need to sufficiently fund efforts to improve information sharing and to fight cybercrime, especially cross-border organised and serious crime, terrorism and cybercrime; highlights the need to sufficiently fund efforts to improve police and judicial cooperation in security- related matters, including information sharing between Member States and enhanced interoperability of databases at European level;
Amendment 33 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the proposed increases in the DB 2018 for expenditure and establishment plans for all agencies in the area of Justice and Home Affairs classified as holding “new tasks”; regrets however that the increases proposed are lower than those requested by most agencies; stresses the importance of staff increases for eu-LISA and EuropolEuropol, Eurojust, eu-LISA and CEPOL as well as budgetary increases for Eurojust and Europol, especially in light of their increased workload and the upcoming adoption of legal bases for new databases and interoperability developments; welcomes the budget increase for the European Data Protection Supervisor in view of the implementation of the General Data Protection Regulation1 .; _________________ 1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 41 #
2017/2044(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out that the Commission's proposal, for the third year in a row, does not leave any margin under the ceiling for Heading III, evidencing the outdated size of the smallest MFF heading, as argued by the European Parliament as part of the mid-term revision process.
Amendment 3 #
2017/2039(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas young people require special attention because of the long term negative scarring effects of unemployment, Member States and the Commission should pay due attention to challenges that other vulnerable groups, like disabled, long-term unemployed, people in precarious employment or bogus self-employment, experience in labour markets.
Amendment 14 #
2017/2039(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines, that budgetary support to young people must be complemented with educational, labour market and growth supporting reforms in Member States in order to ensure long term and sustainable integration of young people in the labour market.
Amendment 12 #
2017/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Roma are still being deprived of their human rights in some states Europe;
Amendment 22 #
2017/2038(INI)
Motion for a resolution
Recital D
Recital D
D. whereas anti-Gypsyism can be found at all levels of the European society and in the workings of public authorities at all levels in the Member States, manifesting itself in the failure to provide Roma with equal access, rights and treatment, and the creation of discriminative programmes;
Amendment 87 #
2017/2038(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses its concern that most mainstream programmes fail to reach out to the most disadvantaged, in particular the Roma; calls on the Court of Auditors to check the performance of EU programmes;
Amendment 92 #
2017/2038(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to assess EU programmes to determine if they meet the requirement of non-discrimination and participation, and where necessary, to take corrective measures, including by suspending funding in cases of misuse of EU funds and, and to extend the Europe for Citizens and the Rights, Equality and Citizenship funding programmes recognising the role of watchdog organisations in monitoring anti- Gypsyism;
Amendment 122 #
2017/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 151 #
2017/2038(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply alarmed by the phenomenon of unlawful removal of Roma children from their parents in the Member states as well as outside the EU (for example in Norway); calls on Member States to investigate such cases without delay;
Amendment 182 #
2017/2038(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers the discrimination of Roma in employment alarmingunacceptable;
Amendment 221 #
2017/2038(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on Member States to include mandatory human rights and democratic citizenship training in their school curricula, and to strengthen Roma people’s ability to exercise their equal rights by organising empowerment programmes for young Roma to give them motivation for education and employment;
Amendment 93 #
2017/0355(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union. Moreover, gaps in protection have emerged forthe rise of new forms of employment, created as a result of labour market developments since 1991, has further highlighted existing gaps in protection.
Amendment 413 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship, including minimum social and labour rights they are entitled to.
Amendment 164 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Member States shall ensure that natural and legal persons that are victims of offences referred to in Articles 3 to 7 of this Directive are, without undue delay after their first contact with a competent authority, offered information about:
Amendment 165 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a b (new)
Article 15 – paragraph 2 – point a b (new)
(ab) the right of access to information about the case,
Amendment 166 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a c (new)
Article 15 – paragraph 2 – point a c (new)
(ac) the right to compensation for damage suffered as a result of the offence,
Amendment 167 #
2017/0226(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a d (new)
Article 15 – paragraph 2 – point a d (new)
(ad) their rights as victims of crime,
Amendment 14 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(g a) publish and promote its activities and the results of its work in order to increase visibility and awareness among citizens.
Amendment 16 #
2017/0225(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. The personal liability of its servants towards the Agency shall be governed by the relevant conditions applying to the staff of the Agency. Effective recruitment of staff shall be ensured.
Amendment 17 #
2017/0225(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Agency’s host Member State shall provide the best possible conditions to ensure the proper functioning of the Agency, including the accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses. Location on the mainland would therefore be preferable.
Amendment 149 #
2017/0102(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Young people should be provided with easily accessible opportunities to engage in solidarity activities, which cwould bring positive effects to society while also enableing them to express their commitment to the benefit of communities whileand acquiring useful experience, skills and competences for their personal, educational, social, civic and professional development, thereby improving their employability. Those activities would also support the mobility of young volunteers, trainees and workers.
Amendment 186 #
2017/0102(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Young people’s spirit of initiative is an important asset for society and for the labour market. The European Solidarity Corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges in solidarity with and to the benefit of their local communities. Those projects should be an opportunity to try out ideadevelop innovative solutions and support young people to be themselves drivers of solidarity actions. They could also serve as a springboard for further engagement in solidarity activities and could be a first step towards encouraging European Solidarity Corps participants to engage in self-employment or setting up associations, NGOeither as volunteers or as employees in associations, NGOs, youth organisations or other bodies active in the solidarity, non-profit and youth sectors and set up their own associations.
Amendment 202 #
2017/0102(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the European Solidarity Corps, in particular by offering online and offline training, language support, insurance, administrative and pre and post- placement support to participants as well as the validation of the knowledge, skills and competences acquired through their European Solidarity Corps experience. This support should be created and provided in collaboration with youth organisations and other civil society organisations in order to tap into their expertise on the field. Post-placement support should also prioritise the continuous civic engagement of the participant in their community, guiding them towards local organisations or projects to engage with after the placement.
Amendment 226 #
2017/0102(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A European Solidarity Corps Portal should continuously be developed in order to ensure easy access to the European Solidarity Corps and to provide a one-stop shop for both interested individuals and organisations as regards, inter alia, registration, identification and matching of profiles and opportunities, networking and virtual exchanges, information on existing solidarity placements or projects and on participating organisations, relevant European and national contact points, online training, language and pre and post- placement support, direct feedback mechanisms as well as other useful functionalities, which may arise in the future.
Amendment 232 #
2017/0102(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) A quality framework with quality standards for European Solidarity Corps placement offers should be developed. The basis of this should be existing legislation protecting the rights of workers, interns and volunteers both at EU and national level, in terms of social protection, minimum income, stability, employment protection, employment rights, mental and physical health; The definition of the standards should be an inclusive process with the full participation of social partners, youth organisations and volunteering organisations.
Amendment 246 #
2017/0102(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Investing in the European Solidarity Corps must not come at the expense of other EU programmes already offering very valuable opportunities to young people, particularly the Erasmus+ programme and the Youth Employment Initiative. Investment in the European Solidarity Corps should be accompanied by increased investment in other complementary EU programmes and, in the case of Erasmus+ Programmes, 10% of the budget should remain invested in the Youth Chapter of the Programme as initially decided by the co-legislators.
Amendment 248 #
2017/0102(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The Commission should take initiative to develop an EU Agenda for Volunteering, taking into account the Policy Agenda for Volunteering (PAVE), aimed at guaranteeing the recognition and respect of the rights of volunteers and volunteer-involving organisations and the reduction of administrative and legal barriers to volunteering and volunteer- involving organisations across Europe, in addition to fostering, promoting and supporting a wider culture of solidarity and volunteering in Europe.
Amendment 254 #
2017/0102(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) IAs in EVS, in addition to the Member States, the European Solidarity Corps should also be open to the participation of other countries on the basis of bilateral agreementErasmus+ Programme and Partner Countries, with particular attention to countries neighbouring the EU, from its start in order to promote equality of opportunities between young people from EU and non- EU countries. This participation should be based, where relevant, on additional appropriations to be made available in accordance with the procedures to be agreed with the concerned countries.
Amendment 256 #
2017/0102(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Solidarity Corps should target young people aged 186-30. It should target young people from 16 for part-time and free-time in-country volunteer placements, solidarity projects and volunteer teams’ placements and from 18 for cross-border volunteer placements, jobs and traineeships. Participation in the activities offered by the European Solidarity Corps should require prior registration in the European Solidarity Corps Portal.
Amendment 270 #
2017/0102(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) An entity willing to apply for funding to offer placements under the European Solidarity Corps should have first received a quality label as a precondition. This requirement should not apply to natural persons seeking financial support on behalf of an informal group of European Solidarity Corps participants for their solidarity projects and should be accompanied by simplified application procedures and open deadlines.
Amendment 289 #
2017/0102(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the European Union26, the Commission should adopt work programmes and inform the European Parliament and the Council thereof. The work programme should set out the measures needed for their implementation in line with the general and specific objectives of the European Solidarity Corps, the selection and award criteria for grants, as well as all other elements required. Work programmes and any amendments to them should be adopted by implementing acts in accordance with the examination procedure and on the basis of the needs and demands of beneficiaries. __________________ 26 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, OJ L 298, 26.10.2012, p. 1.
Amendment 315 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “solidarity activity” means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual’s personal, educational, social, civic and professional development, which may take the form of placements, projects or networking activities, developed in relation to different areas, such as education and training, employment, gender equality, entrepreneurship, in particularformal and non-formal education and training and informal learning, youth work, employment, gender equality, social entrepreneurship, citizenship and democratic participation, intercultural dialogue, social inclusion, environment and nature protection, climate action, , disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non- food items, health and wellbeing, creativity and culture, physical education and sport, social assistance and, social inclusion, welfare, reception and integration of third-country nationals, particularly asylum seekers and refugees and territorial cooperation and cohesion;
Amendment 328 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “disadvantaged young people” means individuals who needrequire additional support because of disability, educational difficulties, economic obstacles, cultural differences, health problems, social obstacle, targeted support due to discrimination and a heightened risk of social exclusion as a result of various factors, either individually or in combination with each other. Such factors may include, disability, sexual orientation, gender identity, sex characteristics, race, ethnicity, socioeconomic background, health status, geographical obstacles, or other status;
Amendment 353 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) “vVolunteering” means a full-time32 placement” means a unpaid voluntary service, either full- time32, part-time or during free time, for a period of up to twelve months, which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity-related fieldpublic authorities, not-for-profit organisations, foundations and social enterprises, to the ultimate benefit of the communities within which the activities are carried out, including a solid learning and training dimension in order to enable the young volunteer(s) to gain skills and competences, which will be useful for their personal, educational, social and professional development, and which will also contribute to improving their employability; __________________ 32 As a general principle, an activity carried out continuously, 5 days a week for 7 hours a day.
Amendment 372 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) “solidarity project” means a local initiative for a period from two to twelve months, which is set up and carried out by groups of at least five European Solidarity Corps participants, with a view to addressing key challenges within their local community while linking them to a broader European perspective and with existing local solidarity initiatives;
Amendment 393 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) "“European Solidarity Corps Portal"” means a web-based tool that provides relevant online services to the European Solidarity Corps participants and participating organisations, including. Complementing the activities of the participating organisations, the Portal providinges information about the European Solidarity Corps, such as registering participants, searching for participants for placements, advertising and searching for placements, searching for potential project partners, managing contacts and offers for placements and projects, training, communication and networking activities, informing and notifying about opportunities, as well as other relevant developments related to the European Solidarity Corpscorps. The Portal shall also provide a mechanism for young people to evaluate their experience after the placement.
Amendment 436 #
2017/0102(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The Commission shall take initiative to develop an EU Agenda for Volunteering, aimed at guaranteeing the recognition and respect of the rights of volunteers and volunteer-involving organisations and the reduction of administrative and legal barriers to volunteering and volunteer-involving organisations across Europe, in addition to fostering, promoting and supporting a wider culture of Solidarity and Volunteering in Europe.
Amendment 453 #
2017/0102(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) solidarity placements in the form of volunteering,full-time, part-time and free-time volunteering opportunities as well as traineeships or jobs, including individual cross-border and in- country placements as well as volunteering teams’ placements;
Amendment 495 #
2017/0102(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) the development of a quality framework with quality standards for European Solidarity Corps placement offers;
Amendment 531 #
2017/0102(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The European Solidarity Corps shall be open for the participation of other cOther Participating Countries onf the basis of bilateral agreements. Cooperation shall be based, where relevant, on additional appropriations to be made available in accordance with the procedures to be agreed with those countrieErasmus+ Programme, as referred in Article 24 of the Regulation (EU) No 1288/2013, shall also participate the European Solidarity Corps.
Amendment 542 #
2017/0102(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. When implementing this Regulation, the Commission and the participating countries shall ensure that particular efforts are made to promote social inclusion, in particular for the participation of disadvantaged young people. Those efforts shall include adjusted support systems and guidance, special contact persons and individual formats and short-term placements, the additional costs for which for participating organisations shall be covered.
Amendment 587 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, in cooperation with the participating countries, participating organisations as well as EU and national stakeholders such as youth organisations, shall regularly monitor the performance of the European Solidarity Corps towards achieving its objectives.
Amendment 613 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) satisfaction rate of participants with European Solidarity Corps placements.
Amendment 618 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e b (new)
Article 15 – paragraph 2 – subparagraph 1 – point e b (new)
(eb) rate of achievement of project objectives in terms of identified community needs;
Amendment 642 #
2017/0102(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. National agencies shall cooperate with specialised youth information services that inform, reach out, guide and support young people, especially those from disadvantaged background, in order to ensure a coherent and diverse dissemination and outreach.
Amendment 644 #
2017/0102(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) the Education, Audiovisual and Culture Executive Agency - EACEA at Union level;
Amendment 656 #
2017/0102(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20a Education, Audiovisual and Culture Executive Agency 1. At Union level, the Education, Audiovisual and Culture Executive Agency - EACEA shall be responsible for managing all stages of the grant for project actions of the European Solidarity Corps listed in Article 7 of this Regulation submitted by Europe-wide or international organisations The Education, Audiovisual and Culture Executive Agency – EACEA shall also be responsible for the accreditation and monitoring of Europe-wide or international organisations; 2. The Education, Audiovisual and Culture Executive Agency – EACEA shall also be responsible for the accreditation and monitoring of Europe-wide or international organisations;
Amendment 669 #
2017/0102(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. National agencies and the Education, Audiovisual and Culture Executive Agency - EACEA, shall be responsible for the primary controls of grant beneficiaries for the actions of the European Solidarity Corps which are entrusted to them. Those controls shall give reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.
Amendment 161 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify andEuropean Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States hase guidance and opinions should take into account the dual objective inof this rRegard,ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of this Regulation, where the provider of an electronic communications service is not established in the Union, it shall designate a representative in the Union. The representative should be designated in writing. The representative may be the same as the one designated under Article 27 of Regulation (EU) 2016/679.
Amendment 173 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 179 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 182 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. It should apply to restricted-access services offered by social network services, such as user- created groups or private messaging, as long as the social network service as a whole is publicly available. In contrast, this Regulation should not apply to closed groups of end-users such as corporate networks, access to which is limited to members of the corporation.
Amendment 196 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. The prohibition of interception of communications data should apply during their conveyance, i.e. until. For non-real- time electronic communication such as email or messaging, the transmission starts with the submission of the content for delivery and finishes with the receipt of the content of the electronic communication by the service provider of the intended addresseerecipient. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users’ consent.
Amendment 200 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, As an exemption from obtaining end-user´s consent, the processing of metadata for purposes other thand taking into account the nature, scope, context and purposes ofhose for which they were initially collected should be allowed in cases where the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a conscompatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regultation of the supervisory authority should take place prior to the processing, in accordance with(EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 222 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organisation of the mailbox, calendar assistants or SPAM filter service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 227 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent or for clearly defined exceptions and for specific and transparent purposes.
Amendment 232 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 253 #
2017/0003(COD)
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the optioninform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from, higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediarejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website (for example, ‘reject third party cookiother software as well as for other purposes’ or ‘only accept first p, for example, accepting tracking necessarty cookies’). Such privacy settings shouldfor the functionality of the website or other software and tracking for other purposes bey presented in an easily visible and intelligible mannerarties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679.
Amendment 260 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’one of the offered options to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to. Web browsers shall allow the end-user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowedcustomise his or her privacy settings for each individual website visited. The website shall be able to communicate to the end-user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end-user information how to change his or her settings, request consent from the end-user or offer him or her alternative options, such as i.e. subscription or paid access. The choice of end user for specific websites shall be respected by web browsers.
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 273 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 284 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.
Amendment 290 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directorieupon giving their consent the end-users should be inform the end-usersed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 315 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].
Amendment 333 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end-users regardless of whether a payment is required by the user.
Amendment 354 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the protection of information related to the terminal equipment of end- users located in the Union.
Amendment 363 #
2017/0003(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Applicable law in the online environment 1.To the extent that Regulation (EU) 2016/679 or this Regulation allows Member States to regulate the processing of personal data or electronic communications data, in their domestic laws, the relevant national law provisions shall apply to: (a) the processing of personal data or electronic communications data in the context of the activities of an establishment of a controller, processor or a provider of an electronic communications service or network established in the Member State in question;or (b) the processing of personal data or electronic communications data by a controller, processor or a provider of an electronic communications service or network not established in the Union , offering goods or services in that Member State or monitoring the behaviour of data subjects in that Member State; 2.The relevant national law provisions as set out in point 1 of this Article do not apply to the processing of personal data or electronic communications data in the context of the activities of an establishment of a controller, processor or a provider of an electronic communications service or network established in another Member State, who shall instead only be subject to the relevant national law provisions of that other Member State.
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 405 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 406 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Neither providers of electronic communication services, nor any third parties, shall process electronic communications data collected on the basis of consent or any other legal ground under this Regulation on any other legal basis not specifically provided for in this Regulation
Amendment 411 #
2017/0003(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.
Amendment 419 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 425 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 444 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Providers of electronic communication networks and services and third parties may process electronic communication data to the extent strictly necessary for the purpose of ensuring security of network and information if it is necessary to protect, maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications, protect the privacy and safety of end-users or of third parties or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 448 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications networks and services may process electronic communications metadata if:
Amendment 468 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.;or
Amendment 472 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the processing of these data for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 476 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 477 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.
Amendment 481 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:
Amendment 489 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned haves given theihis or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 502 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1a) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 505 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1a) and points (a), (c), (ca) and (cb) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
Amendment 528 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous;or
Amendment 541 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.to obtain information about technical quality or effectiveness of an information society service that has been delivered, to understand and optimize web usage or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned; or
Amendment 557 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or
Amendment 565 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) the processing of these data and information for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 568 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 579 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For the purpose of points (ba), (db) and (dc) of paragraph 1, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679
Amendment 581 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. For the purpose of points (db) and (dc) of paragraph 1, in order to demonstrate the compliance with the Regulation, the adherence to the data protection certification mechanisms and of data protection seals and marks, as defined in Article 42 of Regulation (EU) 2016/679, especially on the Union level, shall be encouraged by the Member States, the supervisory authorities, the Board and the Commission.
Amendment 586 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the end-user has given his or her consent;or
Amendment 589 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and, if necessary, a prior consultation with the supervisory authority were carried out, as prescribed respectively in Article 35 and 36 of Regulation (EU) 2016/679, and a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection.
Amendment 631 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 644 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmappropriate technical settings referred to in Article 9 (2) for end-user to express consent.
Amendment 654 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. The technical settings shall consist of multiple options for end- user to chose from, including an option to prevent other parties from storing information on the terminal equipment of a n end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.
Amendment 660 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.
Amendment 663 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 672 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.
Amendment 698 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directorielectronic communication services shall obtain the consent of end- users who are natural persons to include share their personal data in the directory and, consequently, shall obtain consent from these end-users forwith the providers of publicly available directories to include them in the directory and, consequently, shall provide end-users who are natural persons with information about inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 720 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 742 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 743 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code/or prefix identifying the fact that the call is a marketing call.
Amendment 746 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 749 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 769 #
2017/0003(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 773 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 818 #
2017/0003(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Directive 2002/58/EC is repealed with effect from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 822 #
2017/0003(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
By 1 January 2018[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.
Amendment 824 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 22 #
2016/2328(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas there are unified standards and instruments on a European level to benefit the lives of EU citizens, victims of crime are still treated differently in every country;
Amendment 27 #
2016/2328(INI)
Motion for a resolution
Recital D
Recital D
D. whereas some Member States show a lack of coordination between various victim support services, both locally and reglocally, regionally as well as internationally;
Amendment 127 #
2016/2328(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to properly implement in their legislation the individual assessment of the victims, this being an essential procedural step to detect and identify the specific needs of a victim, and consequently to grant specific protection in accordance with the victim’s needs; reminds that under the Victim´s Rights Directive everybody, who suffered in consequence of criminal activities, must be granted the same support throughout the EU as well as all information about their rights and possibilities of claiming their rights.
Amendment 158 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Asks the Commission and the Council to further develop the rights of victims so that the EU can play the leading role in the protection of victims´ rights;
Amendment 167 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively and cooperate closely in information campaigns to increase awareness about the rights of victims as established by EU law;
Amendment 183 #
2016/2323(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the role played by instruments such as the Internal Security Fund (ISF) and the Asylum, Migration and Integration Fund (AMIF) in addressing the effects of the migratory and refugee crisis, and calls for adequate budgeting in the coming years for these funds; welcomes also the role of EU agencies in the area of justice and home affairs, such as Europol and, the European Border and Coast Guard and FRA, and calls, in this context, for their mandate to be executed through adequate budgeting and staffing; is convinced that the EU needs to invest more in strengthening its borders, enhancing cooperation between law enforcement agencies, fighting terrorism and radicalisation and ensuring sound return operations;
Amendment 28 #
2016/2314(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas in January 2017 ex- Kosovo prime minister Ramush Haradinaj was arrested in France based on the international arrest warrant issued by Serbia for alleged war crimes on the territory of Kosovo, based on the Law on Organization and Competences of State Authorities in War Crimes Proceedings that allows Serbia to assume the role of a „little Hague";
Amendment 31 #
2016/2314(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas a Serbian train with inscription „Kosovo is Serbian" took of on January 14th from Belgrade to Northern Kosovo and was eventually stopped close to border with Kosovo;
Amendment 259 #
2016/2314(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses that the mandate of EULEX is undermined and questioned with acts such as the arrest of the ex- Kosovo prime minister Haradinaj due to the international arrest warrant issued by Serbia, based on the Law on Organization and Competences of State Authorities in War Crimes Proceedings of the Republic of Serbia; emphasizes that with the application of the mentioned Law Serbia applied an arbitrary construction, unknown in theory and practice of comparative international criminal law , of a hybrid principle of territorial application of criminal legislation, which by its tenor and its essence does not correspond to the principle of universal jurisdiction, nor to any other known principle of territorial validity of criminal legislation; in this regards, calls on the Commission and Member States to invest additional efforts in addressing this issue in the process of EU-Serbia negotiations, particularly within the scope of Chapter 23;
Amendment 281 #
2016/2314(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Strongly condemns the act of sending a Serbian nationalist train from Belgrade to Northern Kosovo; interprets this as an act of provocation and a step back in Serbia-Kosovo relations;
Amendment 14 #
2016/2311(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regards to the address of ICTY President Carmel Agius to the United Nations Security Council in June 2016,
Amendment 15 #
2016/2311(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regards to the Agreement on Normalization of Relations between the then-Federal Republic of Yugoslavia, consisting of Serbia and Montenegro, and the Republic of Croatia, signed in 1996,
Amendment 31 #
2016/2311(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the implementation of the legal framework on the protection of minorities needs to be fully ensured, notably in the areas of education, use of language, access to media and religious services in minority language, and adequate political representation of national minorities at local, regional and national levels;
Amendment 32 #
2016/2311(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the application of Article 2 and Article 3 of the Law on Organization and Competences of State Authorities in War Crimes Proceedings of Republic of Serbia represents violation of commonly accepted principles of international criminal law;
Amendment 35 #
2016/2311(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. whereas in January 2017 of ex- Kosovo prime minister Ramush Haradinaj was arrested in France based on the international arrest warrant issued by Serbia for alleged war crimes on the territory of Kosovo, based on the Law on Organization and Competences of State Authorities in War Crimes Proceedings that allows Serbia to assume the role of a „little Hague";
Amendment 36 #
2016/2311(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
C g. whereas a Serbian train with inscription „Kosovo is Serbian" took off on January 14th from Belgrade to Northern Kosovo and was eventually stopped close to border with Kosovo;
Amendment 100 #
2016/2311(INI)
6. Calls on Serbia to align its foreign and security policy with that of the EU, including its policy on Russia; stresses that the alignment of foreign and security policy is the precondition to join the EU and regrets the continued refusal of Serbian authorities to align its policy towards Russia with the pro-European orientation of the country; welcomes Serbia’'s important contribution to and continued participation in international peacekeeping operations;
Amendment 159 #
2016/2311(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that the application of the Law on Organization and Competences of State Authorities in War Crimes Proceedings violates the generally accepted principles of criminal and international law - the principle of legal certainty and the principle of non- intervention in the internal affairs of other states, and hinders the process of reconciliation in South Eastern Europe; calls on the Serbian authorities to immediately repeal the relevant articles and abandon a concept of quasi-universal jurisdiction for war crimes in neighbouring countries; in this regards, calls on the European Commission and Member States to invest additional efforts in addressing this issue in the process of EU-Serbia negotiations, particularly within the scope of Chapter 23;
Amendment 210 #
2016/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the legislative and institutional framework for observance of international human rights law is in place; stresses that consistent implementation across the whole country is needed; notes that further sustained efforts are needed to improve the situation of persons belonging to vulnerable groups, including persons with disabilities, and persons with HIV/AIDS and LGBTI persons;
Amendment 255 #
2016/2311(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses that the progress in the field of ensuring rights of national minorities is not satisfactory and reiterates that the promotion and protection of human rights, including rights of national minorities is the basic precondition for joining the EU;
Amendment 273 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for fulldeeply regrets the lack of cooperation of Serbia with the International Criminal Tribunal for the former Yugoslavia (ICTY) and reminds that this is Serbia's basic obligation within the process of accession negotiations; urges the authorities to continue working on the issue of the fate of missing persons;
Amendment 310 #
2016/2311(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. calls on Serbia to intensify efforts in implementing all bilateral agreements with neighbouring countries, including the Agreement on Normalization of Relations between the then-Federal Republic of Yugoslavia, consisting of Serbia and Montenegro, and the Republic of Croatia, signed in 1996;
Amendment 314 #
2016/2311(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Strongly condemns the act of sending a Serbian nationalist train from Belgrade to Northern Kosovo; interprets this as an act of provocation and a step back in Serbia-Kosovo relations; calls on Serbian authorities to refrain from using the rhetorics resembling that of Milošević which includes using minorities in sovereign states as a tool for manipulation;
Amendment 3 #
2016/2242(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the Youth Guarantee (YG) is a drive for policy change, it pushes public authorities to be more innovative and to focus increasingly on the transitions between education and work and the transitions between jobs; it has an important role in supporting measures to provide unemployed young people with the skills and experience needed to engage in employment and to become entrepreneurs, and also provides an opportunity to address skills mismatch;
Amendment 11 #
2016/2242(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the important role of education and career guidance in preparing young people with the work ethics and skills needed by the job market; highlights the need to build trust between young people and public institutions providing career guidance, such as Public Employment Services; encourages investments in projects that strengthen the cooperation between education providers and Public Employment Services;
Amendment 16 #
2016/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Indicates that measures supported by the YG also need to address structural challenges which young people not in education, employment or training (NEETS) face so as to ensure that they have a long-term impact; additional financial commitments by Member States are needed in the national budgets to address these structural challenges;
Amendment 18 #
2016/2242(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the development of one-stop-shops should be supported to increase the positive impact of the Youth Guarantee by ensuring that all services and guidance are available for young people at one location;
Amendment 26 #
2016/2242(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the evaluation of the cost-effectiveness of the Youth Guarantee has to evaluate the quality of the Youth Guarantee offers; Highlights the need to define a quality framework with quality standards for the Youth Guarantee offers;
Amendment 32 #
2016/2242(INI)
Draft opinion
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Notes that lack of visibility of the scheme can result in difficulty to reach out all young people; recommends to increase the possibility to fund local campaigns organised with all relevant local partners, including youth organisations, and support the development of platforms for young people to register to the scheme; recommends that the information related to the Youth Guarantee is accessible and understandable for everyone;
Amendment 35 #
2016/2242(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for a diversification of funding channels involving local, regional and national levels to better reach out to all young people;
Amendment 41 #
2016/2242(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes extending the age limit of the Youth Guarantee eligibility to 29 for the countries that have requested this;
Amendment 41 #
2016/2242(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to strengthen the manner in which Member States implement schemes approved under the YG and to put in place a comprehensivetransparent, comprehensive and open-data monitoring system that covers cost efficiency, structural reforms and measures targeting individuals;
Amendment 49 #
2016/2242(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the need of tailoring the measures to local context needs in order to increase their impact, for example through closer involvement of local employers' representatives, local training providers and local authorities;Calls for a diversification of funding channels involving local, regional and national levels to better reach out to all NEETs;
Amendment 51 #
2016/2242(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that lack of visibility of the scheme can result in difficulty to reach out all young people;Recommends to increase the possibility to fund local campaigns organised with all local partners, including youth organisations, and support the development of platforms for young people to register to the scheme;Recommends that the information related to the Youth Guarantee is accessible and understandable for everyone;
Amendment 52 #
2016/2242(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with regret that most Member States have not established a definition of a ‘quality offer’; urges the Member States and the Commission, within the framework of the Employment Committee of the European Union (EMCO), to use the existing networks to work on the development of commonly agreed characteristics of this concept taking into consideration the European Quality Framework for Traineeships and the Joint statement of the European social partners "Towards a Shared Vision of Apprenticeships" and the CJEU case law on precarious employment; welcomes the ECA’s recommendation in its Special report No 5/2017 that more attention needs to be paid to improving the quality of offers;
Amendment 66 #
2016/2242(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that most issues causing delays to implementation of the YEI by the Member States are of a procedural and structural nature; calls on the MS concerned to continue making efforts to improve its implementation; additional financial commitments by MS are needed in the national budgets to address these structural challenges;
Amendment 71 #
2016/2242(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the significant efforts made by the Member States to implement the YG; observes, however, that most reforms have not yet been fully implemented, in particular in the forging of partnerships with social partners and young people in the design, implementation and assessment of the measures within the YG and in supporting those facing multiple barriers; concludes that considerable efforts and financial resources are needed in the long term to achieve the YG objectives;
Amendment 36 #
2016/2224(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU institutions must be interested and show strong willingness to support the role of whistle- blowers and the benefits they bring in correcting wrongdoing; reminds the lack of follow-up and proper settlement regarding whistle-blowing cases at this level; considers a matter of urgency, before a Directive on the protection of whistle-blowers would be adopted, that the Commission Guidelines on the protection of whistle-blowers within the EU institutions are properly implemented and urges all institutions, including Agencies, to establish clear rules for the protection of whistle-blowers, as well as measures against ´´revolving doors´´;
Amendment 38 #
2016/2224(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Urges the European Court of Auditors and the European Ombudsman to publish, each, by the end of 2017: 1) special reports containing statistics and a clear track record of whistle-blowing cases identified in the European institutions, businesses, associations, organisations and other bodies registered in the Union; 2) the follow-up of the institutions concerned in relation to the cases revealed, based on the current Commission guidelines and rules; 3) the outcome of each investigation open as a result of the information received from whistle-blowers; 4) the measures foreseen in every case for the whistle-blowers´ protection;
Amendment 43 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; considers that people who want to reveal irregularities, mismanagement, misuse of funds, maladministration or potential corruption related to the activity of public and private bodies within the Union are not truly protected and do not feel protected; this is why many of them use other means to reveal the wrongdoing or even refrain from acting; therefore, calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established; strongly believes that this will increase the citizens´ trust in their European and national bodies;
Amendment 55 #
2016/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of legal and secure disclosure channels at national and European level to facilitate reporting to the competent authorities of information on threats to the public interest; underlines the importance of confidentiality in all whistle-blowing related files and recalls that basic rules for the protection of anonymous whistle-blowers should be put in place, in cases where such protection is required;
Amendment 58 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds the crucial role played by investigative journalists in revealing wrongdoing and stresses that they are an exposed group of professionals, often paying with their jobs, freedom and even their lives disclosures of massive irregularities and corruption schemes; calls for the inclusion of special measures to protect investigative journalists in a horizontal Proposal for the protection of whistle-blowers;
Amendment 66 #
2016/2224(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for the establishment of an independent advisory and referral Unit within the European Ombudsman in a position to receive reports, complaints, gather information and adequately advise on the protection of whistle-blowers;
Amendment 68 #
2016/2224(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that non- governmental organisations are not excepted from attempts of maladministration, fraud, misuse of funds and other irregularities and considers that rules for whistle-blowers in the public and private sector should equally apply to NGOs;
Amendment 2 #
2016/2206(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the agencies have significant influence on policy and decision making and programme implementation in areas of vital importance to European citizens, such as health, the environment, human and social rights, migration, refugees, innovation, financial supervision, safety and security; reiterates the importance of the tasks performed by agencies and their direct impact on the daily lives of Union citizens; insists on the positive impactessential role that agencies have in enhancing the visibility of the Union in the Member States; reiterates also the importance of the autonomy of the agencies, in particular of the regulatory agencies and those with the function of independent information collection; recalls that the main reason for establishing agencies was for the purpose of making independent technical or scientific assessments;
Amendment 9 #
2016/2206(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the administrative burden that the implementation of the Roadmap has caused to the agencies, as well as the “outsourcing” of several tasks related to collecting and consolidating agencies’ data and input to the Network, in particular with regard to the budgetary and discharge procedure; calls on the Commission and the budgetary authority to recognise these efforts, and to provide additional resources in the establishment plan of the agencies, in particular related to the functions of the Network’s permanent secretariat;
Amendment 9 #
2016/2206(DEC)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Welcomes the efforts made by several agencies to improve their budgetary management by optimizing the use of their budgets and by implementing a better budgetary planning process; regrets however that some agencies do not mind the principle of annuality as one of the three basic accounting principles; calls on the agencies to improve the budget planning against activities and reduce the carry overs;
Amendment 12 #
2016/2206(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the commitment of all JHA Agencies to continue to further fine- tune budgetary procedures but stresses, however, that their priority should be to improve operational efficiency on the ground and to address the rather structural issues identified by the Court of Auditors and the IAS; requests that FRONTEX streamline its financial management procedures by obtaining rights of using “simplified cost options” for the reimbursement of Member States’ expenditure and by using “other funding mechanisms” in addition to grants; requests that EU-LISA better address the risks involved with the implementation of high cost infrastructure projects by fully adopting the financial regulation of the Union; requests that EUROJUST avoid sub-optimal budget management due to uncertainties as to the availability of funds in order to implement its on-going projects and to procure its essential services;
Amendment 17 #
2016/2206(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes with concern that the Commission applied an additional levy of 5 % of staff to the agencies in order to create a redeployment pool from which it would allocate the posts to the agencies with new tasks entrusted to them or in a start-up phase; is particularly concerned that with the additional staff reduction, fulfilment of the Agency’s mandates and annual work programmes proves increasingly difficult, particularly for the agencies classified by the Commission as “cruising speed agencies”; calls on the Commission and the budgetary authority to look into other options in orderensure that potential further cost saving measures do not to hinder the agencies’´ abilityies to fulfil their mandates effectively;
Amendment 29 #
2016/2206(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes note that the CVs and declarations of interests of the management board members, management staff and in house experts were published by 84 % of the agencies, compared to 74 % in the previous year; notes moreover that 60 % of the agencies check the factual correctness of the given declarations of interests of experts, management board and staff at least once a year; encourages thecalls on the remaining agencies which have not yet introduced such policy to verify the declarations on regular basis, if their resources allow for it;
Amendment 35 #
2016/2206(DEC)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
Amendment 6 #
2016/2193(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the agency outsourced procurement of non-operational training services to a third party without ensuring that it acted in compliance with the financial regulation of the Union when subcontracting; regrets that a call for expression of interest for participation in a negotiated procedure took place without a formal delegation by the authorising officer; regrets that the agency engaged in contractual agreements or negotiations with a single contractor without precisely defining the services requested; acknowledges that the agency acted in compliance with its own financial regulation; requests however that given the very high financial amounts involved with the development and maintenance of JHA systems and the associated risks, the agency fullyshould continue to develop its internal control system in order to continue to ensure compliances with the financial regulation of the Union;
Amendment 11 #
2016/2193(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the agency to develop appropriate key performance indicators better reflecting the effects and impact of its actions on the maintenance of security within the Union, the control of Union external borders and the management of migration flows; invites the Agency to improve the visibility of its work through online platforms.
Amendment 3 #
2016/2192(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EASO committed only 93,7 % of its approved budget and that 36,9 % of committed appropriations were carried over for administrative expenditure; acknowledges that these sub- optimal figures do not reflect structural issues within the EASO but are indirectly related to rapid staff and budget increases in 2015 due to its key role in assisting Member States, in particular through emergency support, in the context of the current migration flow; deplores that both the share of late payments and the average delay have further increased in relation to previous years; calls on EASO to improve the timeliness of the payments made in compliance with the Financial Regulation; welcomes the approval of a new policy for the recruitment of temporary and contract agents that addresses most issues identified by the Court of Auditors in past audits;
Amendment 7 #
2016/2192(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that, according to a decision by the Executive Director, participants in meetings organised by the Office are classified in one of the three categories (A, B, C) for cost reimbursements; takes note that category “A” participants, who are supposed to assume a specific duty in the meetings, receive a flat rate reimbursement for travel and daily subsistence costs, category “B” participants receive a flat rate reimbursement for travel costs only and category “C” participants are not eligible for any reimbursement; points out that the number of participants classified as recipients of category “A” reimbursements decreased from 69 % in 2014 to 52 % in 2015; notes, however, that although the Office confirmed it will ensure that letters of invitation state more clearly the applicable reimbursement category, the status of the corrective action in the Court’s report is still marked as “ongoing”; calls on the Office to report to the discharge authority on the measures implemented in order to rectify this issue that the action on clarification of the applicable reimbursement category in the invitation letters has been completed;
Amendment 8 #
2016/2192(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that, according to the Court’s report, in 2015 the Office made 1 024 (29,2 %) payments after the time limits set out in Regulation (EU, Euratom) No 966/2013, representing an increase of 0,6 % compared to the previous year and resulting in an average delay for late payments of 29 days; acknowledges that in the second half of 2015 the Office put in place a strategy foreseeing several measures to reduce late payments; welcomes the fact that after the implementation of these measures, late payments decreased significantly, from 38,3 % in the period from January to August to 12,6 % in the period from September to December 2015; takes notes that the Office will implement an IT tool for mission management to automate mission reimbursement requests and will reinforce administrative support staff in operationdespite the positive trend continuation until May 2016, the late payments rate increased as of June 2016 due to increase of operational activities of EASO and thus also in the number of financial transactions processed by the same number of staff; notes from the Office that in November 2016 the financial uinits; calls on the Office to riation function was decentralized to the Operational Depoart to the discharge authority on the effectiveness of the measures takenments and Administrative Units, while the verification function remained centralized in the Administrative Department; notes that this resulted in positive outcomes;
Amendment 11 #
2016/2192(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with satisfaction from that, according to the Court’s report, the Executive Director of the Office approved a new policy for the recruitment of temporary and contract agents, which addresses most issues identified by the Court in its past audits;
Amendment 11 #
2016/2192(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that in 2015, a record number of more than 1 392 155almost 1 400 000 applications for international protection were made; recognises that the EASO invested significant efforts in implementing the activities assigned to it in the European Agenda on Migration, in particular as part of the development of the ‘hotspots’ approach; notes the efforts made by EASO in managing the migrant crisis; calls upon EASO to submit to the discharge authority a plan with reforms to improve its budgetary and management performance parameters;
Amendment 15 #
2016/2192(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 17 #
2016/2192(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern that the Office openly acknowledges that it doesdid not publish the curriculum vitae of either the management board or the senior management teams members of the Management Board; notes from the Office that it approached its Management Board and intends to publish the CVs of its members once they are collected; notes from the Office that it has published the CVs of the senior management team at the beginning of March 2017;
Amendment 19 #
2016/2192(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the very solid output of the AgencyEASO, with over 117 meetings and workshops organised, 3 764 national staff trained, 272 persons relocated and more than 100 civil society organisations consulted; acknowledges the results of the independent audit of EY and the commitment of the EASO to develop a corresponding action plan; agrees on the need for the EASO to better communicate on the effects and impacts of its activities.; welcomes the development of a better web interface for Country of Origin (COI)- related documents; notes that there were 17 000 COI-related documents currently linked via the portal at the end of 2015;
Amendment 25 #
2016/2192(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that 7 staff members participated in an away day in 2015 for which the cost was EUR 4 000 (EUR 571 per person);
Amendment 26 #
2016/2192(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that, according to from the Office’s annual report, in 2014 it started the development of a combined content management system and database, the Information and Documentation System (IDS), in the form of an IT tool which will provide a detailed and up-to- date overview of the practical functioning of the Common European Asylum System;
Amendment 9 #
2016/2191(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes from the Court that for the selection of external experts evaluating KIC proposals and business plans, the Institute makes use of Article 89 of the Financial Regulation to derogate from the obligation of launching a call for expression of interest; notes, however, that Institute has not fully established internal procedures to regulate implementation of this derogation; notes that in practice, Institute established its pool of experts using existing expert lists and databases of other institutions of the Union and individuals not on these lists following recommendations from the Institute governing board and staff members; calls on the Institute to ensure maximum transparency and integrity in the expert selection procedure by setting relevant internal measures, while ensuring absence of potential conflict of interest;
Amendment 12 #
2016/2191(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes from the Court that despite a valid rationale, the Institute´s complex operational framework and management problems have impeded its overall effectiveness; notes that the Institute has an ability to support the entire innovation scheme from start-ups to innovation- driven projects run by multiple KIC partners, however, it lacks coordination at Union level with the relevant Commission´s DGs, and the interaction between the KICs and other Union initiatives is insufficient;
Amendment 15 #
2016/2191(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes with concern that general visibility of the Institute is low and some of the KICs´ partners are not aware of their affiliation with the Institute; calls for a better visibility and promotion of the Institute brand as a unique innovation community; welcomes the recent success in listing 18 Institute Community Members in the Forbes 30 under 30 list, featuring Europe´s best young innovators and entrepreneurs;
Amendment 9 #
2016/2190(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes from the Court’s report that the Office underestimated its needs for the professional event organisation services; observes that the four-year framework contract, which was signed in 2013, reached its maximum amount in December 2014; notes that the Office’s underestimate stemmed from unexpected changes in the organisation of its final plenary meeting for 2014; is of the opinion that the Office should establish a modus operandi with its members and observers for those meetings in order to prevent such a situation from recurring; points out that a procurement procedure to sign a new framework contract was launched in August 2015, and that the Office in the meantime continued to procure these services using purchase orders and low-value contracts (negotiated procedures); agrees with the Court that an open procurement procedure should have been used, in which all interested economic partners are entitled to submit a tender; notes that in 2016 the Office is planning to revised its existing procurement rules and will reconsider its current decentralised procurement model with a view to streamlining the process, including by using eTendering; welcomes the fact that the Office has already taken steps to improve its procurement rules and has launched an open tender procedure which resulted in the conclusion of a multiple framework contract in cascade with three companies from January 2016;
Amendment 10 #
2016/2190(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that the Office has actively participated in the work of the Inter-Agency Legal Network working group on anti-fraud; notes with satisfaction that this cooperation will resulted in the adoption of the Office’s anti-fraud strategy in 2017; asks the Office to keep the discharge authority informed of its progress on this matterFebruary 2017;
Amendment 14 #
2016/2190(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Office expects to conclude its internal rules on whistleblowing in the first half of 2017 and has already sent its draft policy to the European Data Protection Supervisor (EDPS) for prior-checking; asks the Office to report to the discharge authority on the establishment and implementation of its whistleblowing rules;
Amendment 13 #
2016/2188(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that Management Board members of the Authority are required to sign a declaration of the absence of conflict of interest in contrast to a declaration of interests, but that declarations and the CVs of its Board members are not published on the Agency’s website; encourages the Authority to remedy the situation;
Amendment 14 #
2016/2187(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that, with the exception of the CVs of the Senior Management Board, the CVs and the declarations of interest of the Authority’s Management Board members and of the Senior Management Board are not published on the Authority’s website; calls on the Authority to remedy the situation;
Amendment 9 #
2016/2186(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the European Parliament and the Council reduced the Authority’s 2015 financial resources by 6 % compared to the previous year, despite allocating higher staffing levels; notes with concern that, in order to implement those cuts, the Authority had to reduce its work programme and cut costs in areas such as operational missions and meetings, operational IT projects and staff training; acknowledges furthermore that the euro lost significant value against the pound sterling over the course of the year, forcing the Authority to request an amending budget of EUR 1,9 million, which was adopted in August 2015, in order to enable it to meet its financial obligations,;
Amendment 17 #
2016/2186(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Authority adopted a conflict of interest policy in October 2014 and has ethics guidelines in place since 2012; acknowledges that during the recruitment procedure, future staff must declare potential conflicts of interest, in addition to the assessment of their curriculum vitae; takes note that all staff must declare potential conflicts of interest on an annual basis, which are assessed by the Authority’s ethics officer; notes that the members of the Board of Supervisors and their alternates must also declare their actual or potential conflicts of interest, including economic interests, in particular any holdings in shares of financial institutions; notes further that all these declarations and those of the Authority’s senior management are published on its website and are updated annually; notes, however, that the curriculum vitaes of neither the Management Board nor the Board of Supervisors are published on the Authority’s website; encourages the Authority to remedy this situation;
Amendment 20 #
2016/2186(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Observes that the Authority adopted an Anti-Fraud Strategy which was to be fully implemented by the end of 2016; notes with satisfaction that in 2016 the Authority performed an initial fraud risk assessment within all departments, in addition to creating a dedicated anti-fraud section on its intranet with a communication channel for whistle- blowers;
Amendment 24 #
2016/2186(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with regret that on 23 June 2016, the citizens of the United Kingdom voted to leave the Union; points out that the article 50 of the Treaty on European Union provides that a Member State which decides to withdraw from the Union shall notify the European Council of its intention and the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal; acknowledges from the Court’s report that the accounts and related notes of the Authority, which is located in London, were prepared using the information available at the date of signing of these accounts when the results of the referendum were not yet known and the formal notification of the triggering of Article 50 has not been presented;
Amendment 26 #
2016/2186(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the Authority signed a 12-year-lease with an end date of 8 December 2026 and that, under normal contractual conditions, there is a liability to pay the full rent for the entire period; observes, however, that the Authority negotiated a break-out clause at the midway point of the contract, meaning that if the clause is exercised, the Authority would be relieved of the obligation to pay the rent for the final six years; further notes that if the break-out clause is activated, the Authority has an obligation to repay half of an incentive (32 month rent-free period), which it had already received and which was based on the full 12 years of the contract; notes that the Authority is liable to restore the property to its original condition when leaving, in this case the Authority is obliged to pay for taking out the office fit-out that it had installed in the premises; notes that the exact amount is subject to expert estimates and further negotiations; asks the Authority to inform the Parliament on the amount once it is known;
Amendment 15 #
2016/2184(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that, in response to terrorist attacks and the migration crisis and in light of the Commission’s Agenda on Security and Migration, Europol’s mandate was strengthened, its budget increased and its staff reinforced; welcomes the successful efforts of the aAgency in setting up the EU Internet Referral Unit, the European Migrant Smuggling Centre (EMSC) and the European Counter Terrorism Centre (ECTC); encourages the Agency to focus on development of this three new instruments;
Amendment 19 #
2016/2184(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Europol to continue to improve information sharing among its partners for the purposes of counter- terrorismas well as cooperation with Member States, national law enforcement and Eurojust for the purposes of counter- terrorism; invites the Agency to pay more attention to the presentation of its work via online platforms.
Amendment 6 #
2016/2180(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the budget monitoring efforts during the financial year 2015 resulted in a budget implementation rate of 100 %; notes furthermore that the payment appropriations execution rate was 100 %, as well as that this rate incorporates the non-automatic carry forward of payment appropriations, in order to maximise the use of the remaining payment credits on Title III of the budget;
Amendment 10 #
2016/2180(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes from the Court’s report that the Agency experienced high staff turnover in 2015, with 14 staff members leaving and 26 joining; acknowledges from the Agency that the high staff turnover results from difficulties in attracting and retaining key staff in a very competitive and technical segment of the employment market, essentially due to its headquarters location and the related disproportionately low and steadily decreasing correction coefficient affecting salary levels in the Czech Republic; notes, moreover, that the Agency is pursuing all available ways in which to increase its attractiveness, in particular by insisting on the significance of its mission; calls on the Agency to prepare an action plan effectively addressing the issue of high staff turnover;
Amendment 17 #
2016/2180(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. ObservesNotes with satisfaction that in 2015 the Agency overhauled its website, including updating the content, an analysis of user needs and experience, a benchmarking exercise and restructuring of its information architecture;
Amendment 7 #
2016/2179(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the Agency reimbursed depreciation charges for a vessel that had exceeded its useful life; notes that the Agency recovered only the payments from 2015; notes the Agency’s statement that this cost recovery was made in line with the principle of proportionality; highlights the risk of double funding for the reimbursement of vessels and fuel consumption under “Commission ISF Borders” and “Frontex joint operations”; notes that rules for reimbursing costs are complex and calculated differently for every Member State; encourages the Agency to obtain rights to usemake use of simplified cost options and other funding mechanisms in addition to grants where possible to increase the cost-effectiveness;
Amendment 9 #
2016/2179(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that, according to the Court's report, Frontex did not sufficiently address the potential for conflicts of interest when setting up negotiation teams managing the negotiations of joint operation grants; notes with concern that the negotiation teams have the power to accept or renegotiate the resources proposed by the participating states, while neither the decision on team composition nor on the appointment and resources requested is taken by the Director or by the management board; notes with concern that such a procedure can result in granting finances for joint operations that do not fully safeguard the principles of transparency and equal treatment; further notes that there is no formal requirement for staff to declare an absence of conflicts of interest before participating in bilateral negotiation teams; calls on the Agency to introduce measures and an appropriate conflict of interest policy that will ensure the transparency of the procedure and the absence of conflicts of interest on the part of the negotiators;
Amendment 11 #
2016/2179(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls for a greater exchange of information between Frontex, Union justice and home affairs agencies and the Member States, in full respect of data protection rules and, in particular, the principle of purpose limitation, in order to improve the effectiveness of Frontex grant-funded joint operations; regrets that the actual impact of joint operations is difficult to assess;
Amendment 12 #
2016/2179(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Notes that, according to the Court's report, the majority of Frontex operational programmes lack quantitative objectives and specific target values for the joint operations; notes with concern that this, together with insufficient documentation from cooperating countries, might hamper the ex post evaluation of the effectiveness of joint operations in the long term; invites Frontex to improve its strategic programme planning, to set relevant strategic objectives for its grant activities and to establish an effective result- oriented monitoring and reporting system with relevant and measurable key performance indicators;
Amendment 18 #
2016/2179(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the support provided to national authorities in hotspot areas in relation to identification and registration of migrants, return-related activities and Union internal security; welcomes the signature of an operational cooperation agreement with Europol to deter cross- border crime and migrant smuggling; calls for further and more effective cooperation with Europol and other agencies in the area of justice and home affairs.
Amendment 20 #
2016/2179(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that the Agency continues to operate on the basis of correspondence and exchanges with its host Member State Poland; calls on both parties to conclude a comprehensive headquarters agreement as soon as possible to enhance transparency regarding the conditions under which the Agency and its staff operate;
Amendment 4 #
2016/2178(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the high implementation rate of the 2015 budget that reached 95.5% out of which 79% has been paid; notes, however, that according to the Court of Auditors, the level of committed appropriations for administrative expenditure carried over from 2014 to 2015 reached 49 % at the end of 2015, which is relatively high, although lower than in 2014 (59%); welcomes, therefore, the commitment of CEPOL to continue to improve its budget management procedures and to better comply with the budgetary principle of annuity provided in the Financial Regulation; notes that the relocation of the College from the UK to Hungary in September 2014 is the main reason for the level of committed appropriations carried over from 2014 to 2015;
Amendment 6 #
2016/2178(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the high implementation rate of the 2015 budget that reached 95.5% out of which 79% has been paid; notes, however, that according to the Court of Auditors, the level of committed appropriations for administrative expenditure carried over from 2014 to 2015 reached 49 % at the end of 2015, which is relatively high, although lower than in 2014 (59%); welcomes,acknowledges that the carryover is mainly linked to the initiation of new service and supply contracts following the refore,location of CEPOL from the UK to Hungary; welcomes the commitment of CEPOL to continue to improve its budget management procedures and to better comply with the budgetary principle of annuity provided in the Financial Regulation;
Amendment 11 #
2016/2178(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 20 #
2016/2178(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deplores that, despite the adoption of CEPOL's policy on the prevention and management of conflict of interests in November 2014, the curricula vitae and declarations of interest of its experts are not published on CEPOL's website; reminds CEPOL that it should make them available for the public in order to ensure transparency and uphold EU citizen's trust in the European institutions; calls upon CEPOL to adopt a clear and solid whistleblowing strategy and rules against "revolving doors" according to Article 22c of the EU Staff Regulations, which came into force on 1 January 2014;
Amendment 12 #
2016/2176(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that the CVs and declarations of interest of the Agency’s management board members and of its executive board are not published on its website, except for the CV of the management board chair; notes with concern that the Agency has not provided for any arrangements for checking or updating of the declarations of interest; encourages the Agency to remedy the situation;
Amendment 13 #
2016/2174(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that experts with financial interests linked to companies whose substances are evaluated by the Authority shall not be allowed to sit in the Authority's scientific panels or working groups, and that no such expert should be appointed by the Authority before two years after his/her interests have expired; is convinced that the Authority should be endowed with a sufficient budget to hire independent in-house experts with no conflicts of interests;
Amendment 17 #
2016/2174(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note that the Authority has already committed to introduce two-year cooling-off periods in relation to the following interests: membership of a managing entity or scientific advisory body, employment and consultancy; calls on the Authority to swiftly implement the measure in line with the Discharge Authority's repreated requests;
Amendment 24 #
2016/2174(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges from the Authority that, since the adoption of its 2011 policy on independence, it assesses and validates 100 % of the declarations of interest submitted by its experts, which on average corresponds to a grand total ranging from 6 000 to 7 000 declarations of interest per year that are assessed and validated by the Authority’s staff, in accordance with its policy on independence and its rules on declarations of interest; takes note that the Authority additionally, twice per year, performs additional compliance and veracity checks by staff not involved in the ordinary checks mentioned above; calls on the Authority to publish the results of its checks as an annex to its yearly report; notes that a review of the 2011 policy is ongoing with a public consultation planned for spring 2017 and a target date of adoption of the new independent policy by summer 2017; notes with concern that the Authority’s policy on prevention and management of conflicts of interests is not applied to its interim staff;
Amendment 26 #
2016/2174(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Insists that the Authority implements its independence policy consistently, and in particular for panel chairs and vice-chairs;
Amendment 32 #
2016/2174(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that only some of declaration of interests of the Authority’s Management Board members are published on its website; calls on the Athuroty to ensure that all declarations are published urgently;
Amendment 9 #
2016/2173(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Agency published the declarations of absence of conflicts of interests and the CVs of their respective management board members on its website; points out however that some of the CVs are still missing or show inconsistencies; notes moreover that the Agency has put in place a policy on the prevention and management of conflicts of interest which takes into account its external staff members, interim staff and second national expert; notes, however, that the Agency did not foresee any checks of the factual correctness or a process for updating the declarations of interest; encourages the Agency to remedy the situation; notes that the Agency set up and implemented internal rules on whistleblowing;
Amendment 19 #
2016/2173(DEC)
20. Notes with concern that seven staff members participated in 2015 in an away day for which the cost was EUR 4 000 (EUR 571 per person);
Amendment 8 #
2016/2172(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that the declarations of interest of its Administrative Board members are not published on its website and that the Agency has not foreseen any check or update of the declarations of interest of its management board members; encourages the Agency to remedy the situation;
Amendment 4 #
2016/2170(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages Eurojust to continue to treat terrorism, irregular migration and cybercrime as priorities; welcomes the fact that Member States increasingly made use of coordination meetings and coordination centres and that they value the increased involvement of third countries in joint investigation teams; acknowledgeswelcomes the fact that the number of cases for which Member States requested Eurojust's assistance continues to grow and increased by 23 % compared to 2014;
Amendment 8 #
2016/2170(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RNotes the high rate of Eurojust budget implementation of 99.86 percent for 2015 from its EUR 33 818 million annual budget; regrets that Eurojust faced budgetary availability issues due to known structural problems with its funding; stresses that for the second successive year, Eurojust was forced to resort to mitigation measures subject to an amending budget; regrets that the financial uncertainty with which Eurojust was confronted required the postponement of some of its on-going activities and the deferral of valuable technological developments; requests that Eurojust and the Commission solve these known structural problems and secure a proper level of funding for the coming years;
Amendment 13 #
2016/2169(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 22 #
2016/2169(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that the Agency launched a pilot project on "adaptive pathways" in March 2014 aiming to accelerate market authorisations for specific medicines using the so-called post-marketing authorisation; is concerned that the pilot project raises numerous public health concerns and undermines the core mission of the Agency, namely to ensure safety of medicines; asks the Agency to report to the Discharge Authority on the project and the measures it has taken to ensure that this acceleration of the procedure does not undermine its core mission;
Amendment 10 #
2016/2168(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that the Centre’s anti-fraud strategy was adopted by its management board in October 2016; notes that the Centre will include a standard chapter regarding transparency, accountability and integrity in its 2017 annual report; notes with concern the absence on the Centre’s website of the curriculum vitae of the Director, the members of the management board and their alternates; calls on the Centre to remedy the situation;
Amendment 8 #
2016/2167(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges the fact that, by cancelling two temporary agent AST posts in 2015, the Agency reduced the number of its staff members by 5 %, in line with the overall principles laid down in the Interinstitutional Agreement on budgetary discipline11 ; notes that the Commission classified the Agency as a ‘cruising speed agency’, implying an additional 5 % reduction and cancellation of one AST post in 2016; notes with concern that with the additional staff reduction, fulfilment of the Agency’s mandates and annual work programmes proves increasingly difficult; calls on the Commission and the budgetary authority to look into other options in ordercalls on the Commission to ensure that potential further cost saving measures do not to hinder the Agency’´s ability to fulfill its mandate; _________________ 11 Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1)
Amendment 13 #
2016/2166(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges from the Agency that it reduced the number of its staff by 5 %, in line with the overall principles laid down in the Interinstitutional agreement on budgetary discipline11 ; notes that the Commission classified the Agency as a ‘cruising speed agency’, which implies that an additional 5 % reduction is expected; welcomes the fact that the Agency implemented the redundancies without detrimental effects on its capacity to deliver the main parts of the multiannual work programme; notes with concern that with the additional staff reduction, fulfilment of the Agency’s mandate and annual work programme proves increasingly difficult; calls on the Commission and the budgetary authority to look into other options in ordercalls on the Commission to ensure that potential further cost saving measures do not to hinder the Agency’´s ability to fulfil its mandate; _________________ 11 Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).
Amendment 16 #
2016/2166(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with concern that the Agency’s Management Board members are not required to make their CVs and declarations of interest publicly available, and consequently only a few can be found on its website; encourages the Agency to remedy this situation; notes that the CVs and declarations of interest of its senior management team are published in the website;
Amendment 5 #
2016/2164(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that expenses on a given framework contract exceeded the estimate published by more than 50 %; welcomes, therefore, the cancellation of that contract and the launch of a new public procurement procedure; acknowledges the commitment of the Agency to improve the central planning and monitoring of its procurements; welcomes its overall performance with its limited budget;
Amendment 9 #
2016/2164(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises that the Agency was successfulHighlights the success of the Agency in its different missions; welcomes the new strategy and work programme for 2016–2018; encourages, however, the development and implementation of a much longer-term strategy as committed by its Director;
Amendment 11 #
2016/2164(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the important role of the Agency in detecting new trends and, assessing threats and developing prevention strategies posed by drugs to the health and security of young Europeans; welcomes the notification 98 new psychoactive substances (NPS); encourages sustained efforts to monitor the use of the internet as a vehicle for drug supply;
Amendment 8 #
2016/2163(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note of the fact that the Agency willis planning to include a standard chapter on transparency, accountability and integrity in its annual report;
Amendment 11 #
2016/2163(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the solid output of the Agency; notes that it organised 60 events bringing together its key partners and stakeholders to discuss fundamental rights issues in various thematic areas; acknowledges that the Agency offered its expertise at 240 presentations and hearings and that it published its research in 32 reports and papers; recalls that the Agency formulated 122 opinions in response to requests from Member States, Union institutions and other international organisations; further welcomes its pro- active approach towards the European Parliament;
Amendment 11 #
2016/2162(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges the fact that the Foundation was committed to increasing the number of declarations of interest and CVs available on its website and that it aimed to collect declarations from all board members as the new governing board was to be appointed after the expiration of the mandate of the current board in November 2016; notes, however, that some of the governing board’s CVs and declarations of interests are still missing; encourages the Foundation to deliver on its commitments;
Amendment 18 #
2016/2162(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned that the overall staff reduction of 10 % had an impact on the delay of some of the Foundation’s projects and contributed to difficult discussions in relation to negative priorities with the governing board’s bureau; acknowledges the fact that the Foundation managed to comply with the reductions imposed by the Commission even though all its establishment plan posts were filled in the previous years; calls on the Commission to look into other cost saving options when proposing the Foundation’s budget and establishment plan in order not to hinder itensure that potential further cost saving measures do not hinder the Foundation´s ability to fulfil its mandate; calls on the budgetary authority to take this into account during the budgetary procedure;
Amendment 20 #
2016/2162(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. AcknowledgWelcomes the fact that in 2016 the Foundation was raising awareness of its conflicts of interests and anti-fraud policies among its staff by using specific training offered to all staff members; notes with satisfaction, furthermore, that those training sessions are intended to become standard elements of the induction programme for new staff members;
Amendment 13 #
2016/2159(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes especiallyNotes the advisory role played by the EDPS during the development of legislation in the data protection package (the General Data Protection Regulation and the Data Protection Directive), the Europol reform and the PNR Directive, as well as its involvement in the setting-up of the European Data Protection Board;
Amendment 136 #
2016/2152(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Is not convinced of the need to havAcknowledges the important role of the information offices of the Parliament in allthe Member States, especially in view of the fact that for effective communication physical presence may not always be necessary and can easily be replaced by effective and responsive internet facilities; is in particular sceptical aboutwhich represent a communication link between the institution and the general public; stresses, however, that the Parliament should regularly assess efficacy of work and activities of the information offices via targeted impact assessment and should consider other more cost-efficient options, such as relevant internet facilities, that could potentially replace offices with low impact; invites the Parliament to reconsider the necessity of having an information office in the cities of Brussels and Strasbourg as in both cities the Parliament itself can be visited and in addition for interested visitors there is or will be a Parlamentarium at their disposal;
Amendment 208 #
2016/2152(DEC)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Calls on the Parliament to change its rules governing internships offered by MEP´s and political groups in order to improve the situation of interns and trainees in the Parliament, including a decent remuneration, the definition of a limited duration of traineeships and a learning agreement.
Amendment 244 #
2016/2152(DEC)
Motion for a resolution
Paragraph 98 a (new)
Paragraph 98 a (new)
98a. Welcomes the initiative of the Parliament with regard to implementation of a comprehensive policy with the objective to reduce food waste; calls on the Parliament to ensure that food waste is actively prevented by all the catering providers in all the premises of the Parliament; calls on the Parliament to intensify the practice of donation of unsold food for charity purposes;
Amendment 17 #
2016/2151(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the development of clearer and long-term political priorities with more concrete translation into operational priorities; in this respect stresses the importance of closer cooperation with other bodies, especially the Agencies;
Amendment 4 #
2016/2144(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the Strategic Engagement for Gender Equality 2016-2019 published in December 2015 reaffirmed commitment to continue work to promote equality between men and women;
Amendment 6 #
2016/2144(INI)
Draft opinion
Recital C
Recital C
C. whereas one of the most telling measures of gender equality is equal pay; but equally important are EU efforts and their results in increasing female labour- market participation and the equal economic independence of women and men; in promoting equality between women and men in decision-making; combating gender-based violence and protecting and supporting victims; and promoting gender equality and women's rights across the world;
Amendment 11 #
2016/2144(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. recalls the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 that supports establishing monitoring requirements including measurable indicators as a basis on which to collect evidence of the effects of legislation on the ground and to support further action while avoiding administrative burdens;
Amendment 36 #
2016/2144(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the lack of gender- aggregated data and gender-specific indicators required to monitor and evaluate the action receiving funding from the EU budget to tackle gender equality; welcomes efforts done in introducing gender specific indicators and collection of gender-dissaggreated data in some EU legislative and policies, like e.g. in the ESF; believes it is important to intensify efforts to develop those indicators to monitor all key areas of EU of gender- equality policy; welcomes and supports committment in the Strategic Engagement for Gender Equality 2016-2019 2016 to improve data collection with the support of Eurostat, the European Institute for Gender Equality (EIGE), Eurofound, the Council of Europe (CoE) and the Fundamental Rights Agency (FRA);
Amendment 6 #
2016/2120(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the useproposed mobilisation of the Flexibility Instrument under heading 3 in the Draft Budget 2017 for an amount of EUR 530 million and recalls that this amount is the maximum one that can be mobilised in 2017 withtranslates to the full amount available for this instrument within 2017 under the current MFF rules;
Amendment 13 #
2016/2120(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the financial impact of the current refugee, migration and internal security crises was not accounted for when the current MFF was adopted in 20143; stresserecalls that the Flexibility Instrument has to be used according to the purpose for which it was created, for clearly identified expenses which cannot be covered by other Union budgetary resourcewithin the limits of the ceilings available for one or more other headings;
Amendment 21 #
2016/2120(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. NotEmphasises that, even with the systematic mobilisation of the totality of the Flexibility Instrument under heading 3 in the coming years, the financial resources available will not be sufficient to tackle the increased needs; therefore considers as essential a fair distribution of funding according to priorities, full transparency, accountability and wise spending;
Amendment 24 #
2016/2120(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, the proposals of the Commission to createin the context of the MFF mid-term revision which aim to increase the capability of the budget to react quickly and adequately to unforeseen events; points in particular to the proposal for the creation of a new European Union cCrisis rReserve to be financed from de- committed appropriations, as part of the MFF mid-term review; with regard to the doubling of the annual amounts, which can be mobilised withwell as the doubling in size of the Flexibility Instrument and the eEmergency aAid rReserve, requests the Commission to clarify the source of the financing in the interests of budgetary stability and predictability; stresses that the changes introduced in the MFF revision should secure the budgetary stability and predictability for the remainder of the MFF 2014-2020.
Amendment 3 #
2016/2118(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the mobilisationCommission proposal in the Draft Budget 2017 ofto mobilise the Contingency Margin for an amount of EUR 1 164,4 million in commitment appropriations over and above the commitment ceiling of heading 3 in order to respond to the additional funding needs arising from the migration, refugee and security crisis given the exhaustion of the margin available under heading 3 and the Flexibility Instrument for 2017;
Amendment 6 #
2016/2118(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that additional financial needs are likely to arise in relationShares the Commission's view that the financial needs linked to the migration, refugee and internal security criseis in 2017 and recalls that no more margin is available under the ceiling of heading 3 while the Flexibility Instrument has already been used up in its entirety for 2017will significantly exceed the funding available under heading 3; therefore, requests the Commission to clarify if and how additional funds could be possibly mobilised using the Contingency Margin to respond to possible additional financial needs for heading 3 during the course of 2017;
Amendment 14 #
2016/2118(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the proposals of the Commission to mobilisereinforce heading 3 with an additional EUR 2,55 billion under heading 3 over the period 2018-2020 as part of the MFF mid- term review/revision to provide sufficient resources for the necessary reinforcement of Europol and the newly created European Border and Coast Guard as well as to take account of recent Commission proposals in the area of security and migration; recalls that immediate response is needed to the security, migration and refugee crises and considers it important that full transparency of payments and regular monitoring/reporting of the expenditure are ensured by all actors involved.
Amendment 8 #
2016/2097(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its call on the Council to resume immediately the negotiations with Parliament on the Directive on the protection of the financial interests of the Union (PIF Directive); recalls that the PIF Directive is an essential instrument in fighting fraud, corruption, money laundering and other illegal activities affecting the EU’s financial interests; considers that, in the light of the judgment of the Court of Justice of the European Union in case C-105/14, Taricco and Others, the inclusion of VAT in the scope of the directive is inevitable as the VAT fraud within the EU is often linked with organized criminal structures; in this context stress the need for better cooperation with EU Agencies and other offices, especially OLAF;
Amendment 19 #
2016/2097(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates that the EPPO must be independent, endowed with sufficient resources to act effectively, efficiently and swiftly, and required to act at all times in full compliance with the procedural rights of suspects and accused persons; recalls the Council that in order to avoid any adverse effects from the so-called "national link" adequate safeguards ensuring the independence of the EPPO are needed; therefore asks for a provision allowing to derogate from the national link on grounds related to the proper functioning of the office; stresses the need to ensure that the division of competences between the EPPO and Member States is clear and consistent with the role of the EPPO as a Union body; points out that establishing the EPPO will require effective coordination with Eurojust, Europol and OLAF; stress that the new Eurojust regulation as the third part of the package is of crucial importance for functioning of this structure.
Amendment 29 #
2016/2097(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is alarmed that the number of all fraudulent and non-fraudulent irregularities reported (22 349 cases) increased significantly for a second consecutive year – first by 48 % in 2014 and then by another 36% in 2015, leading to doubling the amount of registered irregularities within just two years; notes that even though the number of irregularities doubled the sum involved in them (EUR 3.21 billion) remains on the same level as in 2014; calls on the Commission to analyse this development and investigate whether this might be linked to an improved reporting mechanism;
Amendment 55 #
2016/2097(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern that tobacco smuggling to the EU has intensified in recent years and according to estimates represents a loss of 10 billion EUR annually in public revenue of the EU budgets and is at the same time a major source of organised crime, including terrorism; stresses that illicit tobacco trade causes severe damage to both the legal trade and national economies; further notes that a considerable proportion of smuggled tobacco originates in Belarus; calls on the EU and Member States to put a pressure on Belarus to combat the illicit tobacco trade and organised crime, and to introduce sanctions if necessary; calls on the Member States to intensify their cooperation in this matter;
Amendment 67 #
2016/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the Commission does not have access to the information exchanged between Member States with a view to preventing and combating Missing Trader Intra-Community fraud, commonly called carousel fraud;; calls on all the Member States to participate in all of Eurofisc’s fields of activity so as to facilitate and accelerate the exchange of information with the aim of helping to combat fraud;
Amendment 100 #
2016/2097(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes with concernRegrets that, despite the numerous calls from Parliament for the establishment of uniform reporting principles in all Member States, the situation remains highly unsatisfactory and there are still significant differences in the number of fraudulent and non-fraudulent irregularities reported by each Member State; reiterates its call to the Commission to make serious efforts to resolve the problem ofunify the differing approaches by Member States to detectingpreventing, detecting and reporting of irregularities, and non- homogeneous interpretations when applying the EU legal framework;
Amendment 133 #
2016/2097(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Emphasizes the role of whistle- blowers in fraud detectionprevention, detection and reporting; welcomes the fact that in 2015 the European Commission has launched the "Experience Sharing Programme" to coordinate and exchange best practices to prevent corruption in cooperation with Member States;
Amendment 136 #
2016/2097(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses that corruption and fraud have fundamental negative impact on EU financial interests and even though the EU has a multiple-layer control mechanism in place, the role of an individual is absolutely irreplaceable on the lowest level of the control system; highlights that for that reason the whistleblowers need to have a clear position in the EU and Member States´ legislative frameworks that would clearly define their rights and obligations; calls on the Commission and Member States to ensure a minimum level of protection for European whistleblowers;
Amendment 147 #
2016/2097(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Deplores that the Commission did not keep its word to publish anthe EU Anti- Corruption reports biannually, as there has been no report published in 2016; calls on the Commission to deliver on its commitment to regularly report on the state of corruption in the EU;
Amendment 14 #
2016/2080(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretsDenounces the fact that the 2011 code of conduct has failed to address all the recommendations issued by Parliament’s Committee on Budgetary Control on 2 March 20111 and points out, in particular, that Commissioners are notshould be required to declare all their financial interests or assets buand not only those interests or assets ‘which might create a conflict of interest in the performance of their duties’, that there is no requirement to declare debts and liabilities and that dependent children are not required to produce the same information as spouses; __________________ 1 Letter from Mr De Magistris, chair of the Committee on Budgetary Control, to Mr Lehne, Chair of the Conference of Committee Chairs.
Amendment 17 #
2016/2080(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. SConsiders that conflict of interests can only be assessed by an independent third party and stresses in particular that the Commissioners are expected tocannot make their own judgement on what might create a conflict of interest in the absence of a clear definition to guide them;
Amendment 21 #
2016/2080(INI)
Draft opinion
Paragraph 4 – point c
Paragraph 4 – point c
(c) with regard to the declaration of possession of company shares, stock and other property or rights representing assets and other intangible assets;
Amendment 22 #
2016/2080(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the code of conduct fails to adequately codify the requirement under the Article 245 TFEU that "both during and after their term of office, Commissioners will respect the obligations... in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits."
Amendment 32 #
2016/2080(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the Commission does not report regularly on the implementation of the Code of Conduct for Commissioners, in particular as regards their declarations of interests and that the code of conduct does not provide for complaints or sanctions with regard to infringements with the exception of serious misconduct as referred to in Articles 245 and 247 of the Treaty on the Functioning of the European Union;
Amendment 50 #
2016/2080(INI)
Draft opinion
Paragraph 10 – point e
Paragraph 10 – point e
(e) that Commissioners designate submit their declarations within a specific time frame before theirso that the Ad Hoc Ethical Committee can submit to Parliament its views on potential conflicts of interests well in time for the hearings in Parliament;
Amendment 56 #
2016/2080(INI)
Draft opinion
Paragraph 10 – point e a (new)
Paragraph 10 – point e a (new)
(ea) that Commissioners designate include in their declarations all professional EU interest representation activities and all their financial interests in such activities in the past three years;
Amendment 57 #
2016/2080(INI)
Draft opinion
Paragraph 10 – point g
Paragraph 10 – point g
(g) that the Commission guides the Commissioners on how to implementrevises section 1.3 of the code of conduct, which stipulates that the Commissioners must declare any financial interest or asset which might create a conflict of interests in the performance of their duties, and in particular on the definition of conflicts of interests in order to make sure that all financial interests and related rules are clearly defined and guides both Commissioners designate and Commissioners in office how to implement section 1.3 of the code of conduct fully and comprehensively;
Amendment 63 #
2016/2080(INI)
Draft opinion
Paragraph 10 – point i a (new)
Paragraph 10 – point i a (new)
(ia) that the decisions on the authorisation of post term-of-office activities of former Commissioners, as well as the opinions of the Ad Hoc Ethical Committee are proactively published;
Amendment 65 #
2016/2080(INI)
Draft opinion
Paragraph 10 – point i b (new)
Paragraph 10 – point i b (new)
(ib) that the Ad Hoc Ethical Committee is composed of independent experts who have not themselves fulfilled positions as Commissioner or as Member of the European Parliament;
Amendment 10 #
2016/2074(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that workers in the 55 - 64 age group make up 35,9 % of the targeted beneficiaries ; considers that they are at a higher risk of long-term unemployment and social exclusion and have specific needs when it comes to providing them with personalised approach in accordance with the Article 7 of the EGF Regulation;
Amendment 11 #
2016/2074(BUD)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission to provide information on the results of on- going support for the redundant workers of Caterpillar, as the part of current application is a follow-up to the EGF/2014/011 BE/Caterpillar application;
Amendment 19 #
2016/2074(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that, in line with Article 7 of the EGF Regulation, the design of the coordinated package of personalised services supported by the EGF should anticipate future labour market perspectives and required skills and should be compatible with the shift towards a resource-efficient and sustainable economy; and take into account the experience gained so far in supporting the dismissed workers under EGF/2014/011 BE/Caterpillar application;
Amendment 22 #
2016/2074(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual and anticipated business environment in the region and in the neighbouring regions;
Amendment 25 #
2016/2074(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks the Commission to further detail, in future proposals, the sectors in which the workers are likely to find employment and whether the training on offer is aligned to the future economic prospects and labour market needs in the regions concerned by the dismissals and the neighbouring regions;
Amendment 3 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the commitments of the EC to provide the necessary resources to protect the external borders of the EU, to reinforce security inside and outside the Union, to provide MS support for the reception of people in need for international protection and to address the root causes of migration flows in the countries of origin and transit; points out however that the EUR 5.2 billion programmed in 2017 for Heading III and IV to address challenges posed by the refugee and migration crisis and unprecedented threat levels posed to the security of European citizens by terrorism, cybercrime and other serious organized crime of increasingly complex and cross-border nature represent less than 3,5% of the total Union budget, which is little considering existential stakes involved for the EU; considers that the Union should show solidarity with those in real need and the preservation of the European democratic values, when they are under threat by terrorism and intolerance aimed at destroying the European tolerance;
Amendment 33 #
2016/2047(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that while the budgetary resources and the number of posts for the European Border and Coast Guard seem adequate for now, the future needs of the agency in terms of operational resources and staff will have to be closely monitored so that the agency does not lack behind reality; suggests, that the grades of temporary posts shall be increased to meet the complex nature of the new tasks assigned to the agency by the revised regulation;
Amendment 35 #
2016/2047(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Acknowledges that the budgetary resources and staff of EASO proposed by the Commission are meeting the Agency's needs. Stresses the importance, that these figures must not be decreased and that there should be a revision of these figures if a situation of an increased inflow of migrants emerges again;
Amendment 41 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the budget increase of the efficient JHA agencies involved with migration and security; requests to further justify the dramatic 92%,would welcome further detailed explanations about the EUR 73 million increase of the budget of EU-LISA for the Entry Exit System and the revision of Dublin legislation as well as to explain break-down of appropriations between EU-LISA budget and the ISF;
Amendment 42 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the budget increase of the efficient JHA agencies involved with migration and security especially EUROPOL, EUROJUST; requests to further justify the dramatic 92%, EUR 73 million increase of the budget of EU-LISA for the Entry Exit System and the revision of Dublin legislation as well as to explain break-down of appropriations between EU- LISA budget and the ISF;
Amendment 44 #
2016/2047(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that a coordinated approach between the Member States to fight organised crime, cybercrime, terrorism and other serious crime with cross-border dimension is more important than ever and urges for an increase of Europol and Eurojust operational resources and staff; underlines especially Europol's need for sufficient human and operational resources; In this context is very concerned about the vulnerability of unaccompanied minors and young women during the migration crisis who can easily become victims of criminals; additional posts are needed to improve among others the identification of victims, to intensify the persecution of criminals, to destroy the organized networks of sexual abusers and to accelerate the detection, analysis and removal of child abuse material on- and offline; also stresses the urgency to combat terrorists misusing the migration flow for terrorist purposes and to combat organised crime networks misusing the hardship of migrants for their criminal intents;
Amendment 46 #
2016/2047(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the additional resources dedicated for the development of the European database on New Drugs of European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). Calls on the Commission to ensure in the budgetary planning that EMCDDA is provided with sufficient resources required for the implementation of the envisaged legislative amendment of the EMCDDA founding regulation concerning the Early Warning System and the Risk Assessment of New Psychoactive Substances.
Amendment 48 #
2016/2047(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to ensure that the EU Agency for Network and Information Security (ENISA) is provided with sufficient resources to be able to execute the additional tasks delegated to it by the EU legislation, particularly by the Network and Information Security (NIS) Directive and for the tasks related to preventing and fighting cybercrime;
Amendment 58 #
2016/2047(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strengthening EMCDDA in the connection with the planned adoption of the regulation on new psychoactive substances with additional tasks for the agency.
Amendment 191 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60 b. stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions;
Amendment 11 #
2016/2033(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to reinforce the exchange of information and to coordinate the strategies of national authorities and European bodies, such as Europol, Eurojust and OLAF aiming at fight against fraud, money laundering and organised crime;
Amendment 18 #
2016/2033(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deems it crucial to ensure the establishment of a single, strong and independent European Public Prosecutor’s Office (EPPO) that is able to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the Union’s financial interests, as defined in the above-mentioned PIF Directive, and believes that any weaker solution would represent a cost to the Union budget. Stresses the need to ensure that the sharing of competence between the EPPO and the Member States does not lead to offences with a significant impact on the EU budget being excluded from the EPPO's competence.
Amendment 36 #
2016/2033(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets that VAT fraud, and in particular the so-called ‘carousel’ or missing trader fraud, distorts competition and deprives national budgets of significant resources as well as being detrimental to the Union budget; is concerned that the Commission has no reliable data on VAT carousel fraud; therefore, calls on the Commission to launch a coordinated effort by Member States to establish a joint system of collecting statistics on VAT carousel fraud. This system could build upon the already-used practices in some Member States.
Amendment 41 #
2016/2033(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the Commission to initiate the establishment of a common system to refine the estimation of the size of intra-EU VAT fraud, which would allow Member States to evaluate their performance against precise and reliable indicators related to the reductionin terms of reducing the incidence of intra- EU VAT fraud and the increasing of fraud detection and correlative tax recovery; takes the view that new auditing approaches such as the single audit or joint audits should be further extended for cross- border operations;
Amendment 57 #
2016/2033(INI)
Draft opinion
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Stresses the need to grant OLAF clear competences and tools to investigate VAT fraud.
Amendment 9 #
2016/2030(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the establishment of the East StratCom Team within the European External Action Service (EEAS) with the aim of countering anti-EU propaganda and disinformation, which are damaging to the EU;
Amendment 19 #
2016/2020(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU’s commitment to effective multilateralism, with the UN at its core, is an integral part of the EU’s external policy and is rooted in the conviction that a multilateral system founded on universal rules and values, which must be respected and upheld, is best suited to address global crises, challenges and threats;
Amendment 86 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that the structural and organisational reforms aimed at achieving greater efficiency, environmental sustainability, and effectiveness should continue through the thorough examination of possible synergies and savings; recalls the substantial savings that could be made by having only one place of work instead of three (Brussels, Strasbourg, Luxembourg); underlines that this process should be lead without endangering Parliament's legislative excellence, its budgetary powers and powers of scrutiny, or the quality of working conditions for Members, assistants, and staff;
Amendment 918 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41 b. Calls on the Member States to strengthen the cooperation between local authorities and the poor communities;
Amendment 33 #
2016/0414(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle those growing problems and also reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for better cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 34 #
2016/0414(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Measures adopted solely at national or even at Union level, without taking into account international coordination and cooperation, would have very limited effect. The measures adopted by the Union in countering money laundering should therefore be compatible with, and at least as stringent as, other actions undertaken in international fora. Moreover, many international and European jurisdictions still allow the use of bearer shares, which are instrumental for receiving, owing and transferring illicit money anonymously and became a very useful tool for creating international schemes with a purpose to launder money. They allow a system which is more opaque than those in notorious tax havens such as, inter alia, Panama, Cayman Islands, Dominican Republic or Lichtenstein; therefore, the EU anti-money laundering legal framework should fully ban the use of bearer shares.
Amendment 40 #
2016/0414(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Union action should continue to take particular account of the Financial Action Task Force (FATF) Recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing. The relevant Union legal acts should, where appropriate, be further aligned with the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the ‘revised FATF Recommendations’). As a signatory to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198), the Union should transpose without delay the requirements of that Convention into its legal order.
Amendment 42 #
2016/0414(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the Member States. Member States should apply the crime of money laundering to all offences that are punishable with imprisonment of a level defined in this Directive. To the extent that the application of these penalties thresholds does not already do so, Member States should include a range of offences within each of the categories designated by the FATF. Where categories of offences, such as terrorism or environmental crimes, are set out in Union law, this Directive refers to such legislation. This ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the Member States. Any kind of punishable involvement in the commission of a predicate offence or money laundering activity, such as participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling, should be considered as a criminal activity for the purposes of this Directive. In cases where Union law allows Member States to provide for other sanctions than criminal sanctions, this Directive should not require Member States to establish those cases as predicate offences for the purposes of this Directive.
Amendment 50 #
2016/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Where money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct, including cases of acquisition, mere possession and use, is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self- laundering).
Amendment 51 #
2016/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should noFor the effective countering of money laundering by criminal law measures, a conviction should be possible without being necessary to identify the specifics of the crime that generated the property, the type of crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed therecrime. Moreover, Member States should take the necessary measures to ensure that the lawful origin of property, wealth and assets is demonstrated by the investigated person in every case involving large amounts of money of unclear origin, suspicious acquisitions or bank transactions, money transfer schemes such as hawala or any other potential proceeds of crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, or that the person being investigated comes from a Member State where she/he is protected by immunity from prosecution, arrest and detention (such as politically exposed persons and magistrates, inter alia).
Amendment 61 #
2016/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive aims to criminalise money laundering when committed intentionally. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more stringent criminal law rules for money laundering. Member States may, for example,should also provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.
Amendment 68 #
2016/0414(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professional position to enable money laundering or when the perpetrator is a politically exposed person, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 70 #
2016/0414(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given the mobility of perpetrators and proceeds stemming from criminal activities, as well as the complex cross- border investigations required to combat money laundering, all Member States should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities. Member States should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory, whether or not based in their territory. To ensure the success of investigations and the prosecution of money laundering offences, those responsible for investigating or prosecuting such offences should make use of effective and improved investigative tools, such as those used in combating organized crime or other serious crimes. These tools should be adapted to the latest evolutions in the field of cybercrime and money laundering, including by using bitcoins, cryptocurrencies and ransomeware attacks.
Amendment 98 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point u a (new)
Article 2 – paragraph 1 – point 1 – point u a (new)
(ua) tax crimes relating to direct taxes and indirect taxes;
Amendment 103 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point v
Article 2 – paragraph 1 – point 1 – point v
(v) all other offences, including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the Member States, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 106 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall ensure that the following conduct shall be a punishable criminal offence, when committed intentionally:
Amendment 108 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt or at the time of use in economic and financial activities, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 121 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the identity of the perpetrator of the criminal activity, the type of crime that generated the property or other circumstances relating to that criminal activity;
Amendment 126 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct is a criminal offence under the national law of the Member State or the third country where the conduct was committed and would be a criminal offencewould have been a criminal activity in the sense of Article 2, paragraph 1 of this Directive, under the national law of the Member State implementing or applying this Articleese provisions, had it been committed there;.
Amendment 129 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The offences referred to in points (a) and (b) and (c) of paragraph 1 shall also apply to persons who committed or participated in the criminal activity from which the property was derived.
Amendment 130 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Each Member State shall ensure that the conduct referred to in paragraph 1 shall be a punishable laundering offence in cases where the offender: a) suspected that the property was proceeds; b) ought to have assumed that the property was proceeds.
Amendment 131 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Each Member State shall ensure that the conduct referred to in paragraph 1 shall be subject to prosecution and conviction even if the suspected person has been granted immunity from prosecution, arrest and detention in her/his country of origin or within the European institutions.
Amendment 132 #
2016/0414(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall ensure that inciting, aiding and abetting and attemptingparticipation in, inciting, association with or conspiracy to commit, attempts to commit and aiding, abetting, counselling and facilitating in any way an offence referred to in Article 3 shall be punishable.
Amendment 136 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by autonomous, effective, proportionate and dissuasive criminal penalties.
Amendment 138 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maxinimum term of imprisonment of at least four years, at least in serious casesthree years, particularly where aggravating circumstances described in Article 6 are applicable.
Amendment 144 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 148 #
2016/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Burden of proof Each Member State shall ensure that the burden of proof demonstrating the lawful origin of disproportionate income or property, as defined in this Directive, found by investigators or signalled by suspicious activity reports (SARs) is incumbent to the owner of such proceeds.
Amendment 153 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the offender is a politically exposed person in the sense of Directive 2015/849 or the case involves corruption of elected officials; or
Amendment 154 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
(ab) the criminal modus operandi involves the use of bearer shares, offshore jurisdictions, shell companies, illegal transfers of funds through systems such as Hawala, cash couriers, smurfing activities or non-governmental organisations; or
Amendment 155 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a c (new)
Article 6 – paragraph 1 – point a c (new)
(ac) the suspect operates as a professional money launderer for two or more different criminal groups; or
Amendment 156 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a d (new)
Article 6 – paragraph 1 – point a d (new)
(ad) the property or money being laundered are a result of the offences defined by Directive 2017/541 or of illicit arms trafficking; or
Amendment 166 #
2016/0414(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that legal persons can be held liable where the serious negligence, lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 and 4 for the benefit of that legal person by a person under its authority.
Amendment 167 #
2016/0414(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are incite the commission of or arers, conspirators, perpetrators of , or are accessories (including facilitators or counsellors) to any of the offences referred to in Articles 3 and 4.
Amendment 171 #
2016/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – point 1 a (new)
Article 8 – paragraph 1 – point 1 a (new)
(1a) the exclusion of that legal person from entitlement to European Union funds and the permanent prohibition for that legal person to enter into contracts with public authorities;
Amendment 183 #
2016/0414(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When an offence referred to in Articles 3 and 4 falls within the jurisdiction of more than one Member State and when any of the Member States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offender, with the aim of centralising proceedings in a single Member State. The following factors shall be taken into account, by order of priority: a) the territory of the Member State where the offence was committed; b) the nationality or residency of the offender; c) the country of origin of the victims; d) the territory where the offender was found. Member States may have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their actions.
Amendment 190 #
2016/0414(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Investigative tools and confiscation measures
Amendment 193 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1a. Each Member State shall ensure that specific training and effective investigative tools, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4. Such tools and training need to be adapted to the latest evolutions in the field of cybercrime and money laundering, including by using bitcoins, cryptocurrencies and ransomeware attacks. 1b. Each Member State shall ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive 2014/42/EU of the European Parliament and of the Council, the property derived from and the instrumentalities used in committing or attempting to commit any of the offences referred to in this Directive. The provisions of Paragraph 2 apply irrespective of the fact that a natural or a legal person has committed the laundering of proceeds or the predicate offence.
Amendment 201 #
2016/0414(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 203 #
2016/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after adoption] at the latest. They shall immediately communicate the text of those provisions to the Commission.
Amendment 208 #
2016/0414(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall, by [124 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
Amendment 451 #
2016/0357A(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Applicants shall lodge an application by filling in the online application form via the dedicated public website or via the mobile app for web devices sufficiently in advance of any intended travel. Applicants shall be advised to lodge the application at least 3 months before the intended travel and, in any case, before they purchase a travel ticket.
Amendment 477 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point h
Article 15 – paragraph 2 – point h
Amendment 481 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
Amendment 496 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 521 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 specifying the content and format of those questions. In any event, the content and format of those questions shall enable applicants to give clear and precise answers.
Amendment 666 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The request for additional information or documentation shall be notified to the contact e-mail address recorded in the application file. The request for additional information or documentation shall clearly indicate the information or documentation that the applicant is required to provide. The applicant shall provide the additional information or documentation directly to the ETIAS National Unit through the secure account service referred to in Article 6(2)(g) within 7 working days of the date of receipt of the request.
Amendment 670 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In exceptional circumstances, and after processing the additional documentation and information in accordance with paragraph 3, the ETIAS National Unit may invite the applicant for an interview at any consulate of an EU Member State present in his or her country of residence. If feasible, access to the consulate of the applicant's choice shall be allowed.
Amendment 673 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The invitation shall be notified to the applicant at least 5 days before the scheduled interview by the ETIAS National Unit of the Member and shall be notified to the contact e-mail address recorded in the application file.
Amendment 705 #
2016/0357A(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Exceptionally, when a request for additional information or documentation is notified, or when the applicant is invited to a consulate, the period laid down in paragraph 1 shall be extended in accordance with Article 23. Such application shall in all cases be decided on no later than 72 hours after the submission of the additional information or documentation by the applicant.
Amendment 739 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c
Article 28 – paragraph 4 – point c
Amendment 742 #
2016/0357A(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point d
Article 28 – paragraph 4 – point d
Amendment 818 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point d
Article 32 – paragraph 2 – point d
(d) information on the procedure to be followed for an appeal, including at least the national law applicable to the appeal, the competent authority, any procedural requirements and the time limit for lodging an appeal.
Amendment 841 #
2016/0357A(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) information on the procedure to be followed for an appeal, including at least the national law applicable to the appeal, the competent authority, any procedural requirements and the time limit for lodging an appeal.
Amendment 913 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offences or another serious criminal offence;
Amendment 962 #
2016/0357A(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. [Directive (EU) 2016/680] shall apply to the processing of personal data by Member States designated authorities for the purposes of Article 1(2).
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 8 #
2016/0282(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) It is important to be able to reinforce the deterrent effect achieved by the exclusion and the financial penalty. In that regard, the deterrent effect should be reinforced by the possibility to publish the information related to the exclusion and/or to the financial penalty, with full respect for the data protection requirements set out in Regulation (EC) No 45/2001 of the European Parliament and of the Council (6) and in Directive 95/46/ECRegulation (EU) 2016/679 of the European Parliament and of the Council (7). This should contribute to ensuring that the same conduct is not repeated. For reasons of legal certainty and in accordance with the principle of proportionality it should be specified in which situations a publication should not take place. In its assessment, the authorising officer responsible should have regard to any recommendation of the panel. As far as natural persons are concerned, personal data should only be published in exceptional cases justified by the seriousness of the conduct or its impact on the Union's financial interests.
Amendment 9 #
2016/0282(COD)
Proposal for a regulation
Recital 105
Recital 105
(105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. All persons or entities potentially subject to conflict of interest should be encouraged to publish their declarations of interest, instead of a declaration of absence of conflict of interest. A self-evaluation of conflict of interest is a conflict of interest in itself. Therefore, the evaluation of conflict of interest should be done by an independent third party. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance, a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified. A record of all cases of conflict of interest and revolving door identified in the Union institutions should be published on a regular basis.
Amendment 10 #
2016/0282(COD)
Proposal for a regulation
Recital 108
Recital 108
(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators. All Union institutions conducting public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 11 #
2016/0282(COD)
Proposal for a regulation
Recital 113
Recital 113
(113) A contracting authority should be able to cancel a procurement procedure before the contract is signed, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim compensation. This should be without prejudice to situations where the contracting authority has acted in such a way that it may be held liable for damages in accordance with the general principles of Union law.
Amendment 15 #
2016/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Personal data collected pursuant to this Regulation shall be processed in accordance with Directive 95/46/EC (28 )Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EC) No 45/2001.A candidate or tenderer in a procurement procedure, an applicant in a grant award procedure, an expert in a procedure for the selection of experts, an applicant in a contest for prizes or an entity or person participating in a procedure for implementing Union funds in accordance with point (c) of Article 61(1)as well as a beneficiary, a contractor, a remunerated external expert or any person or entity that receives prizes or implements Union funds pursuant to point (c) of Article 61(1) shall be informed accordingly. _________________ 28OJ L 281, 23.11.1995, p. 31.
Amendment 23 #
2016/0282(COD)
Proposal for a regulation
Article 131 – paragraph 3 a (new)
Article 131 – paragraph 3 a (new)
3 a. In order to have an efficient early detection and exclusion system, clear rules shall be put in place for a real protection of whistle-blowers. Regular reports on whistle-blowers cases handled and finalised shall be published by relevant bodies.
Amendment 24 #
2016/0282(COD)
Proposal for a regulation
Article 165 – paragraph 1
Article 165 – paragraph 1
The contracting authority may, before the contract is signed, cancel the procurement procedure, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim any compensation.
Amendment 28 #
2016/0282(COD)
Proposal for a regulation
Article 183 – paragraph 2
Article 183 – paragraph 2
2. All grants awarded in the course of a financial year shall be published in accordance with paragraphs 1 to 4 of Article 36. In addition, all Union institutions conducting public procurement shall publish on their websites clear rules regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 30 #
2016/0282(COD)
Proposal for a regulation
Article 185 – paragraph 4 – point b
Article 185 – paragraph 4 – point b
(b) direct support paid to natural persons most in need, such as unemployed persons and refugees.
Amendment 34 #
2016/0282(COD)
Proposal for a regulation
Article 227 – paragraph 1
Article 227 – paragraph 1
1. For emergency, post-emergency or thematic external actions, the Commission may create, after informing the European Parliament and the Council, trust funds under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishing the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors.
Amendment 35 #
2016/0282(COD)
Proposal for a regulation
Article 227 – paragraph 2
Article 227 – paragraph 2
2. The Commission shall consult the Parliament by establishing the fund and later submit its draft decisions concerning the establishment, the extension and the liquidation of a Union trust fund to the competent committee where provided for in the basic act under which the Union contribution to the Union trust fund is provided.
Amendment 39 #
2016/0225(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 44 #
2016/0225(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commissionuncil should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the total number of persons to be resettled and participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34 . The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commissione Council should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commissionuncil should take into account the discussions within the High-Level Resettlement Committee. _________________ 34OJ L 55, 28.2.2011, p. 13.
Amendment 69 #
2016/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a voluntary Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection.
Amendment 72 #
2016/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this Regulation 'resettlement' means the admission of third- country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.
Amendment 75 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
A voluntary Union Resettlement Framework is hereby established.
Amendment 84 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementing acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:
Amendment 99 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) Priority can be given to third- country nationals and stateless persons who fall within at least one of the following categories:
Amendment 145 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commissionuncil shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 190 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 194 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Where the Commission implementing act adopting a targeted Union resettlement scheme provides for an expedited procedure, and by way of derogation from Article 10, Member States:
Amendment 208 #
2016/0225(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 216 #
2016/0225(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 106 #
2016/0223(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.
Amendment 110 #
2016/0223(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States.
Amendment 127 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised.
Amendment 129 #
2016/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 136 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply commona set of basic criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of basic rights is available for those persons in all Member States.
Amendment 157 #
2016/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical or demographic situation.
Amendment 161 #
2016/0223(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take particularinto account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34 COM(2016)271 final.
Amendment 174 #
2016/0223(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to introduce commonbasic criteria for recognising applicants for asylum as refugees within the meaning of Article 1 of the Geneva Convention.
Amendment 187 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority.
Amendment 195 #
2016/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 196 #
2016/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 233 #
2016/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 267 #
2016/0223(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 278 #
2016/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Access to healthcare, including both physical and mentalbasic healthcare, should be ensured to beneficiaries of international protection.
Amendment 286 #
2016/0223(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shallould have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.
Amendment 290 #
2016/0223(COD)
Proposal for a regulation
Recital 56
Recital 56
Amendment 335 #
2016/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 349 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous applications [for international protection and results of any expedited resettlement procedure as defined by Regulation (EU) no XXX/XX [Resettlement regulation]], travel routes, travel documents and the reasons for applying for international protection.
Amendment 401 #
2016/0223(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities shall base themselves onmay take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].
Amendment 411 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.
Amendment 416 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities shallmay at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.
Amendment 418 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall in particular be taken into account together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant.
Amendment 434 #
2016/0223(COD)
Amendment 450 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.
Amendment 460 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) shall base itself ontake into account precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 465 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 466 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
(ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 515 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawunless specified otherwise.
Amendment 556 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) shall base itself on precise andtake into account up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.
Amendment 566 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
(ea) he or she has planned, facilitated or participated in the commission of terrorist offences.
Amendment 568 #
2016/0223(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e b (new)
Article 18 – paragraph 1 – point e b (new)
(eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.
Amendment 586 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateunless sperson with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national lawcified otherwise.
Amendment 636 #
2016/0223(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall in principle not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
Amendment 680 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the threone month period referred to in those provisions.
Amendment 703 #
2016/0223(COD)
Proposal for a regulation
Chapter 7 – section 3 – title
Chapter 7 – section 3 – title
Rights and obligations related to integration
Amendment 716 #
2016/0223(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 729 #
Amendment 731 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.
Amendment 751 #
2016/0223(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Beneficiaries of international protection shall have access to accommodation under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation.
Amendment 770 #
2016/0223(COD)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Amendment 457 #
2016/0176(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 458 #
2016/0176(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where a third-country national fulfils the criteria set out in Article 5 and where no ground for rejection pursuant to Article 6 applies, he or she shall be issued with an EU Blue Card unless the volumes of admission provided for in Article 7a are thereby exceeded.
Amendment 6 #
2016/0139(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The criteria which should be taken into account when determining – based on a case-by-case assessment – the third countries whose nationals are subject to, or exempt from, the visa requirement are laid down in Article -1 of Regulation (EC) No 539/2001. They include “illegal immigration, public policy and security, economic benefit, in particular in terms of tourism and foreign trade, and the Union’s external relations with the relevant third countries, including in particular, considerations of human rights and fundamental freedoms, as well as the implications of regional coherence and reciprocity”. It should be noted, in particular, that citizens of Kosovo often misuse Member States’ asylum procedure and therefore represent potential security risks for the Union.
Amendment 8 #
2016/0139(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) [Kosovo has strictly met the requirements of its visa liberalisation roadmap by the date of entry into force of this Regulation, including the ratification of the border demarcation agreement with Montenegro and strengthening its track record in the fight against organized crime and corruption. On the basis of this assessment and taking account of all the criteria listed in Article -1 of Regulation (EC) No 539/2001, it is appropriate to exempt persons from Kosovo from the visa requirement when travelling to the territory of the Member States.]
Amendment 10 #
2016/0139(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Upon the Commission’s assessment of the fact that Kosovo has strictly met the requirements of its visa liberalisation roadmap, including the ratification of the border ratification agreement with Montenegro and strengthening its track record in the fight against organised crime and corruption, Regulation (EC) No 539/2001 is amended as follows:
Amendment 46 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 49 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 54 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.
Amendment 131 #
2016/0133(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.
Amendment 177 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 205 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.
Amendment 212 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 215 #
2016/0133(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 220 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 233 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 242 #
2016/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 249 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 256 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.
Amendment 264 #
2016/0133(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to and from the automated system and to the authorities competent for carrying out security checks.
Amendment 279 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 324 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5
Article 2 – paragraph 1 – point g – indent 5
- the sibling or siblings of the applicant, where the proof of the relationship is provided;
Amendment 338 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 341 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 343 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 366 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.
Amendment 387 #
2016/0133(COD)
1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 410 #
Amendment 415 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 417 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 421 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 539 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 574 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the applicant is in possession of a valid residence document or a residence document which has expired less than two years before lodging the first application , the Member State which issued the document shall be responsible for examining the application for international protection.
Amendment 577 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application , the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council25 . In such a case, the represented Member State shall be responsible for examining the application for international protection. _________________ 25 Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1).
Amendment 581 #
2016/0133(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Where the applicant is in possession only of one or more residence documents which have expired less than two years previously or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories of the Member States. Where the applicant is in possession of one or more residence documents which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory of a Member State and where he has not left the territories of the Member States, the Member State in which the application for international protection is lodged shall be responsible.
Amendment 590 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4) of this Regulation, including the data referred to in Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come directly from a third country, the Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease 12 months after the date on which the irregular border crossing took place
Amendment 593 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
2. When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 25(4), that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot be established — has been living for a continuous period of at least five months in a Member State before lodging the application for international protection, that Member State shall be responsible for examining the application for international protection. If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Amendment 613 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 615 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 632 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
Amendment 643 #
2016/0133(COD)
Proposal for a regulation
Article 20 – paragraph 7 – subparagraph 1
Article 20 – paragraph 7 – subparagraph 1
Amendment 654 #
2016/0133(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 655 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Member State with which an application for international protection is lodged shall enter in the automated system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that:
Amendment 658 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Upon entry of the information pursuant to paragraph 1, the automated system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application.
Amendment 659 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the automated system.
Amendment 666 #
Amendment 667 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The automated system referred to in Article 44(1) shall indicate in real time:
Amendment 671 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
Amendment 672 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
Amendment 674 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h
Article 23 – paragraph 2 – point h
Amendment 675 #
2016/0133(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 776 #
2016/0133(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 783 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.
Amendment 815 #
2016/0133(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 822 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures:
Amendment 825 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the population (50 % weighting);
Amendment 829 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (50% weighting);
Amendment 832 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) number of migrants already living in the Member State;
Amendment 841 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) integration capacity of the Member State;
Amendment 847 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 849 #
2016/0133(COD)
Proposal for a regulation
Article 36
Article 36
Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted
Amendment 871 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 872 #
2016/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 884 #
Amendment 898 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 910 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 914 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 923 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 924 #
2016/0133(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 933 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 934 #
2016/0133(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 941 #
2016/0133(COD)
Amendment 943 #
2016/0133(COD)
Amendment 954 #
2016/0133(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 955 #
2016/0133(COD)
Amendment 960 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 961 #
2016/0133(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 970 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 971 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 980 #
2016/0133(COD)
Proposal for a regulation
Article 44
Article 44
Automated system for registration, monitoring and the allocation mechanism 1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated system shall be established. 2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures. 3. The European agency for the operational management of large scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 shall be responsible for the preparation, development and the operational management of the central system and the communication infrastructure between the central system and the national infrastructures. 4. The national infrastructures shall be developed and managed by the Member States.rticle 44 deleted
Amendment 981 #
2016/0133(COD)
Proposal for a regulation
Article 44 – title
Article 44 – title
Amendment 982 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automateda system shall be established.
Amendment 983 #
2016/0133(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures.
Amendment 984 #
2016/0133(COD)
Proposal for a regulation
Article 45
Article 45
Access to the automated system 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39. 2. The European Union Agency for Asylum shall have access to the automated system for entering and adapting the reference key pursuant to Article 35(4) and for entering the information referred to in Article 22(3). 3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 4. The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for entering and consulting the information referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 56(2).rticle 45 deleted
Amendment 985 #
Amendment 987 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 988 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39.
Amendment 989 #
2016/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only shall be accessible by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].
Amendment 990 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications and, if applicable, complying with their obligations under the allocation mechanism .
Amendment 995 #
2016/0133(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question, including of the transmission to and from the automated system referred to in Article 44(1) and to the authorities competent for carrying out checks referred to in Article 40.
Amendment 998 #
2016/0133(COD)
Proposal for a regulation
Article 53
Article 53
Amendment 999 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 1007 #
2016/0133(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 1011 #
2016/0133(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 1013 #
2016/0133(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 578 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 675 #
2016/0131(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The translation services required for the functioning of the Agency shall be provdecided byupon the Translation Centre of the bodies of the European Unioncost-effectiveness analysis and provided by the most appropriate structure.
Amendment 6 #
2016/0062(NLE)
Motion for a resolution
Citation 5
Citation 5
– having regard to Articles 21, 23, 24 25 and 256 of the Charter of Fundamental Rights of the European Union;
Amendment 35 #
2016/0062(NLE)
Motion for a resolution
Citation 15
Citation 15
Amendment 49 #
2016/0062(NLE)
Motion for a resolution
Citation 21
Citation 21
– having regard to the Commission roadmap on a possible EU accession to the Istanbul Convention, published in October 2015;
Amendment 52 #
2016/0062(NLE)
Motion for a resolution
Citation 22
Citation 22
Amendment 56 #
2016/0062(NLE)
Motion for a resolution
Citation 23
Citation 23
– having regard to the Third Quarterly Activity Report of the Commissioner of Human Rights of the Council of Europe of 16 November 20176, in relation to the definition of gender-based violence in the Istanbul Convention,
Amendment 119 #
2016/0062(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas some group of women and girls, such as migrant women, women refugees and asylum seekers, women and girls with disabilities, LGBTI women, Roma women, are at risk of multiple discrimination and are therefore even more vulnerable to violence;
Amendment 129 #
2016/0062(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas exposure to physical, sexual or psychological violence and abuse has a severe impact on victims; whereas children do not need to be directly affected by the violence to be considered victims as witnessing domestic violence is also traumatising;
Amendment 187 #
2016/0062(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that on 4 March 2016 the Commission proposed the EU’s accession to the Istanbul Convention – the first comprehensive legally binding instrument on preventing and combating violence against women at international level;
Amendment 197 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, sexual violence and rape, forced marriage, honour killings, feminicide, female genital mutilation and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; denounces that more and more women and girls are victims of gender-based violence on the internet and on social media; Calls on Member States to adopt concrete measures to address these new forms of crimes, including sex- extortion, grooming, voyeurism and revenge pornography, and protect victims, who experience serious trauma leading sometimes even to suicide;
Amendment 233 #
2016/0062(NLE)
(ca) To produce practical guidelines on the application of the Istanbul Convention to facilitate a smooth implementation and enforcement of the Convention in countries that have already ratified it as well as to respond to the concerns of those that have not yet ratified it and encourage them to do so;
Amendment 236 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
(e) To envisage rendering thesure a EU accession to the Istanbul Convention as broad as possible and without reservations;
Amendment 315 #
2016/0062(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Regulation (EU) on mutual recognition of protection measures in civil matter and Directive 2012/29/EU on protection of victims as well as Directive 2011/36/EU on preventing and combating trafficking in Human being and Directive 2011/92/EU on preventing and combating child sexual abuse and exploitation;
Amendment 3 #
2015/2353(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that, in light of the unprecedented migratory emergency, the current ceilings of the MFF 2014-2020 – in particular heading 3 – have proven to be too tighinsufficient; recalls that the Asylum, Migration and Integration Fund (AMIF) is already virtually exhausted; recalls that the available MFF flexibility mechanisms have already been extensively used;
Amendment 6 #
2015/2353(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the higher need for ensuring internal security in the EU and fight against terrorism should be reflected in all budget projections. In this context the increased need for sufficient and permanent data exchange between Member States via European Agencies, such as Europol and Frontex, requires an adequate staff level for those Agencies. Furthermore considers it necessary to fund the development of smart (IT-) security tools with the MFF review in order to ensure an increased level of security while eliminating eventual burdens increased security measures could impose upon the freedom of movement;
Amendment 12 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deems substantial additional financial resources at EU level to be necessary to address external border and coastal protection, humanitarian challenges, develop a new Common European Asylum System, foster integration and prevent discrimination, racism and xenophobia; an adequate staff level also has to be provided for the European Agencies dealing with the migratory pressure, especially EASO and FRONTEX;
Amendment 20 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the AMIF to be revised and allocated more resources; stresses that the budget and staff of EUROPOL, FRONTEX and the European Asylum Support Office (EASO) must be markedlyfurther increased to enable it to provide Member States with real support; believes that funds dedicated to search and rescue are erroneously included in the Internal Security Fund (ISF); calls for the establishment of a dedicatedthe EU Agencies and Member States should be provided with adequate resources for search and rescue fundoperations;
Amendment 22 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Commission recently signed a Common Understanding with Member States on a three-billion-euro Facility for Refugees in Turkey; expresses concern about the establishment of financial instruments outside the EU budget as they threaten its unicity; stresses that these funds should provide direct support to refugees and host communities; calls on the Commission to establish a mechanism toclosely monitor the use of these funds and to inform the European Parliament regularly;
Amendment 23 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Commission recently signed a Common Understanding with Member States on a three-billion-euro Facility for Refugees in Turkey; expresses concern aboutEU should avoid the establishment of financial instruments outside the EU budget as they threaten its unicity; stresses that these funds should provide direct support to refugees and host communities; calls on the Commission to establish a mechanism to monitor the use of these funds; this mechanism should take into account the monitoring role of the European Parliament;
Amendment 31 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expects the migratory emergency to continue due to sustained political instability and conflict in many regions and the lack of legal means of access to the EU; considers that a genuine MFF revision is essential by the end of 2016 at the latest; requests an updated estimation of budgetary needs to respond to the challenges expected until the end of the MFF; in the course of the MFF review in 2017 calls for additional flexibility in the MFF as well as adequate upwards revision of Headings 3 and 4.
Amendment 16 #
2015/2345(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to ensure that NGOs receiving EU funding do not engage in activities running counter to EU interests such as advocacy against EU policy through the deliberate dissemination of incorrect information;
Amendment 18 #
2015/2345(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advises strongly againsIs of the opinion that co- funding requirements above 20% which would bring an increased risk of instrumentalisation and damage the important advocacy and advisory role that NGOs play in EU policy- according to which the EU grant may not finance the entire costs of an action implemented by NGO - increase ownership, and enhance responsibility and accountability. Agrees, therefore, with the principle that the beneficiary needs to raise a share of the required funds – typically at least 10% – from other sources;
Amendment 20 #
2015/2345(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points to the huge range of NGOs in terms of size and activity area; believes that operating grants should be proportionate to the other financial resources available to the NGO in order to ensure a level-playing field and to avoid instrumentalisation and damage of both the important advocacy and advisory role of NGOs and the efficient use of EU funds;
Amendment 30 #
2015/2345(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Suggests that the Commission investigate the possibility of accounting for volunteer hours and donations in kusing simplified cost options when accountindg for small NGOpersonnel costs.
Amendment 2 #
2015/2344(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Observes that the European Economic and Monetary Union lacks the fiscal or budgetary adjustment mechanism required in order to absorb asymmetric shocks, as the crisis has demonstrated that self-corrective market forces alone cannot be relied on to prevent Member States from becoming over- indebted;
Amendment 17 #
2015/2342(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores that the new satellite mechanisms result in bypassing the budgetary authority and undermine the unity of the Union budget; stresses that the creation of funding instruments outside the EU budget must remain an exception; due to the fact that it depends on the willingness of the member states to fulfil their pledges;
Amendment 26 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes, however, the Commission proposal for a new European External Investment Plan, with a new focus on investment to promote economic and social development in the EU Neighbourhood and Africa; expresses doubts, however, as to whether the proposal is ambitious enough to fully harness the EU’s borrowing and lending potential;hopes that the proposal will boost new investments and job creation
Amendment 38 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission proposal on the revision of the MFF, in particular with regard to endowing the EU budget with larger crisis instruments; expects the proposed revision of the financial rules to reconcile the necessary flexibility and accountability.; emphasizes that tackling the root causes of migration flows entails also support of third countries in capacity building;
Amendment 125 #
2015/2342(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. CWelcomes the proposal of the Commission to establish new European External Investment Plan in order to boost economic and social development, especially with focus on job creation and investment; calls for the assessment and budgetary control of all funds used as part of the Union’s external policies on migration;
Amendment 30 #
2015/2340(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the latest Global Slavery Index, 35.8 million persons are estimated to be trapped in situations of modern slavery worldwide, andmeaning that trafficking in human beings continues to be endemic inis endemic in nature and affects all parts of the world;
Amendment 57 #
2015/2340(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Denounces the flagrant reality ofand explicitly rejects trafficking in human being, which represents a growing industry of human suffering, affecting all societies and economies in a profound and enduring manner;
Amendment 141 #
2015/2340(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the swift and accurate identification of victims is fundamental to the realisation of the rights to which they arcould be legally entitled; urges that capacity- building measures are taken in relation to the identification of victims of THB especially for migration, security and border control services;
Amendment 45 #
2015/2321(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the working-age population in the EU is projected to decline dramatically by 7.5 million by 2020; whereas projections on the development of labour market needs in the EU point to emerging and future shortages in specific fields;
Amendment 4 #
2015/2316(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that migration is a human right enshrined in Article 13 of the UN Universal Declaration of Human Rights; urges the Commission and Member States to respect this article and all other international obligations concerning refugees and migrants, and to recognise the contribution that refugees and migrants make to our societies; considers that forced migration has root causes (notably economic, political and social reasons) that must be tacklis caused by current issues such as economic, political and social disparities that urgently need to be tackled and actively resolved;
Amendment 2 #
2015/2287(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the institutions, agencies and other bodies of the European Union still fail to take fully into account the changes introduced byare unable to comply with the rules and the changes provided for in the Lisbon Treaty and the Charter of Fundamental Rights when applying Regulation (EC) No 1049/2001; notes and welcomes the recent judgments of the Grand Chamber of the Court of Justice in the Digital Rights Ireland1 and Schrems2 cases, in both of which the Court based itself on the Charter when declaring invalid the Data Retention Directive3 and the Safe Harbour Decision4 respectively; stresses that the actual public access to documents and the management of registers of documents need to be based on standards which adequately comply with Articles 41 and 42 of the Charter; __________________ 1 Joined Cases C-293/12 and C-594/12. Judgment of the Court (Grand Chamber) of 8 April 2014. 2 Case C 362/14. Judgment of the Court (Grand Chamber) of 6 October 2015. 3 Directive 2006/24/EC. Directive 2006/24/EC. 4 Commission Decision 2000/520/EC of 26 July 2000.
Amendment 11 #
2015/2287(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the acEU institutions ofin the instituir actions and EUtheir policies have to be based on participatory democracy, thus ensuringe compliance with the principles of full transparency, by sharing, and informing citizens accurately and in good time;
Amendment 13 #
2015/2287(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that privacy and data protection should be respected while ensuring transparency
Amendment 15 #
2015/2287(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that it is the duty of the institutions to carry on a continuingut regularly an open, and transparent dialogue with civil society so as to enable citizens to bring scrutiny directly to bear on the different stages of decision-taking – allowing them to become moreecome more informed and actively involved in the decision-makingEU democratic process – and on the legitimacy and effecexercise public scrutiny; recalls that transparency enhances citivzeness of governances' trust in the EU and mincreasures takenhe legitimacy of the EU Institutions;
Amendment 21 #
2015/2287(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that in order to bring about a legitimate, accountable democratic political system complying with the rule of law, citizens must have the right to know about, and scrutinise, the actions of their representatives, the decision-making process,nd hold accountable their representatives for their actions and the way in which public money is apportionllocated and spent, and the ensuing outcomes;
Amendment 26 #
2015/2287(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that it is still difficult for citizens to gain access to information held by EU institutions, the reason being that there is no effective citizen-oriented interinstitutional policy based on complete transparency, communication, and direct democracy; urges the institutions to take a proactive attitude by disclosing; urges the EU institutions, bodies, offices and agencies to further develop a more proactive approach on transparency by making publicly accessible as many of their documents as possible in as simple and accessible a way as possible for the public, having documents translated into all of the EU official languag, including on their internet websites, and establishnsuring proper information access arrangements allowingaccess for the needs of people with disabilities;
Amendment 29 #
2015/2287(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that a more proactive approach helps ensuring effective transparency as well as preventing unnecessary legal disputes, which might cause unnecessary costs and burdens for both the Institutions and the citizens;
Amendment 35 #
2015/2287(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges all the institutions, pending its desired revision, to fully apply Regulation (EC) No 1049/2001 in the proper manner; calls on the Council in particular to revise its rules, with a view to ensuring that all discussions,increase transparency on its documents, and information are made public,ts meetings and to produce transcriptsinformation of its public meetings;
Amendment 42 #
2015/2287(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 64 #
2015/2287(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the fact that citizens have no power to supervise trilogue negotiations; expresses concern at the abuses to which this legislative practice might lead, in particular as regards the role of lobbies and possible disparities in the treatment of persons seeking to keep abreast with developments in European legislCalls on the EU institutions to increase transparency on informal trilogues by increasing reporting in the competent parliamentary committee, which are web-streamed and public, on the state of play of trilogue negotiations;
Amendment 66 #
2015/2287(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 83 #
2015/2287(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that, in accordance with Regulation (EC) No 1049/2001 and in order to guarantee full democratic and transparent parliamentary control, access should likewise be granted in a user - friendly way to documents produced when powers are delegated (delegated acts), since these make up a substantial portion of European legislation; considers it disappointing that no register of delegated acts has yet been established and calls on the Commission to set one up without delay;
Amendment 86 #
2015/2287(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that international agreements have binding force and an impact on EU legislation and points to the need for negotiations to be transparent throughout the entire process, implying that the institutions should be obliged to publish the negotiating brief conferred on the Commission; considers it regrettable that nthat documents related to them should be public in principle, without prejudice to legoitimations are secret and citizens have no access to information, but only to documents communicated to the press,e exceptions and without undermining the necessary thrus giving rise to speculation and misconceptions about the negotiations; maintains that the public should be given access to all of the parties’ relevant negotiating documents, in keeping with Regulation (EC) No 1049/2001t between the parties concerned in order to achieve effective negotiations;
Amendment 89 #
2015/2287(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out to the Commission that it is required to inform Parliament fully and immediately at every stage while negotiations are taking place; welcomes that MEPs have access to relevant negotiations documents within the European Parliament;
Amendment 97 #
2015/2287(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Reiterates that full transparency of public expenditure in the EU is crucial to ensure accountability and to fight corruption;
Amendment 98 #
2015/2287(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to tighten up its supervision in order to make managing authoritimonitor that Member States comply with the information and reporting obligations set out in Regulation (EU) No 1303/2013 and, if necessary, to impose the penalties applicable for non-fulfilment of those obligations;
Amendment 30 #
2015/2285(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the closer links between the objectives of the European Semester process and the programming of the ESI Funds for 2014-2020, reflected in the Partnership Agreements, especially concerning improvements to the labour market, the reform of education systems, the functioning of public administration, improvements to the business and research and innovation environment, and social inclusion; considers that cohesion policy investments could play a very important rolbe a key issue in supporting structural reforms and the fulfilment of the EU’s strategic goals by following up the relevant CSRs together with the effective implementation of the Partnership Agreements;
Amendment 22 #
2015/2279(INI)
Motion for a resolution
Recital I
Recital I
I. whereas there are different types of mountainous regions in Europe, but they all share a number of common problem which are linked by sharing fundamental negative aspects, such as poor accessibility, few employment opportunities’, an ageing population and a lack of connectivity; whereas active steps must be taken to address these aspects;
Amendment 51 #
2015/2279(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the coordination of EU policies, strategies and programmes that have an indirect effect upon mountainous regions, such as Horizon 2020, COSME, LIFE, Natura 2000, the EU Broadband Strategy, the EU Climate Adaptation Strategy, the EU Environment Action Programme, the Connecting Europe Facility, European Territorial Cooperation, ESI Funds and the European Fund for Strategic Investments (EFSI); calls on the Commission to consider the specific application of these programmes to , and operation thereof in, mountainous regions;
Amendment 4 #
2015/2258(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the study of the European Union Agency for Fundamental Rights of December 2015 on ‘Violence against children with disabilities: legislation, policies and programmes in the EU’,
Amendment 75 #
2015/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to take steps to combat all forms of discrimination, including multiple and intersectional discrimination based on disability, with special regard to women and children with disabilities and to those whose disabilities change over time; recommends that all disability strategies include special provisions to address and mainstream the rights of children with disabilities; invites Member States and the Commission to address violence against children with disabilities through an integrated approach, setting out specialised measures and accessible support services within child protection systems;
Amendment 80 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses on the need to increase support and specific provisions for persons with disabilities in humanitarian settings, in particular children, and calls on the European Commission to map down investments and funding in support of persons with disabilities in emergencies, including gender and age disaggregated data;
Amendment 83 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the importance of achieving all disability related Sustainable Development Goals, in particular regarding Goal 4 on ensuring inclusive, equitable quality education and the need to increase the number of schools with access to adapted infrastructure and materials for students with disabilities and to invest in teacher competencies for inclusive education and participation of children in school and the community;
Amendment 84 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to include in the next Agenda on the Rights of the Child a comprehensive rights-based strategy for boys and girls with disabilities and safeguards to protect their rights;
Amendment 85 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the European Commission and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them - with appropriate assistance provided, according to their disability and age;
Amendment 131 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations; calls on the European Commission and Member States to take necessary measures, including through the use of ESI Funds and other relevant European Union funds, to develop support services in local communities for boys and girls with disabilities and their families, foster deinstitutionalisation and prevent new institutionalisation, and promote social inclusion and access to inclusive quality education for boys and girls with disabilities;
Amendment 138 #
2015/2258(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to prevent or alleviate poverty, vulnerability and social exclusion among persons with disabilities and their families, with special regard to children with disabilities, in the context of a European Pillar of Social Rights;
Amendment 36 #
2015/2257(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, a legal basis which is applicable in the whole EU is needed despite improvements to the arrangements for the recognition of diplomas, credits, and skills certificates, competency accreditations and acquired expertise in the context of VET, a legal basis applicable throughout the EU is needed;
Amendment 94 #
2015/2257(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the tools developed by the Commission, such as Ploteus and Eures, which offer information about VET and mobility, but deplores the fact that they are littlenot enough known and little used;
Amendment 36 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsneed to combat undeclared work, bogus self- employment, outsourcing and subcontracting, and all other forms of social fraud leading to an increase in precarious jobs and deteriorating levels of worker protection,;
Amendment 102 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same place' for all European workers, and to the need to social convergence in the EU single market;
Amendment 177 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to improve cross-border cooperation between inspection services and an electronic exchange of information and data, in order to set up more efficient controls to combat and prevent social fraud; to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 203 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-borderon the Member States for the improved cross-border cooperation between inspection services and an electronic exchange of information and data, in order to set up more efficient controls to combat and prevent social fraud, bogus self-employment and undeclared work; encourages the competent labour inspectorates to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 253 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions;
Amendment 267 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactive and should be entered in a European electronic registere Member States to exchange the information on postings immediately and without delay; calls the Member States for the further implementation of the planned electronic data exchange initiatives which are based on mutual cooperation ; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine;
Amendment 300 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a publicn EU-wide list to be drawn up of enterprises responsible for serious breaches of EU legislation which can be consulted by the relevant inspections authorities;
Amendment 313 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;
Amendment 331 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 356 #
2015/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEU on an equal footing;
Amendment 371 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the nodefinition of 'minimum wage'the terms and conditions of employment contained in Directive 96/71/EC should be revisclarified to ensure equal pay for posted workers and local workers in similar positions ; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 601 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights overand economic freedoms;
Amendment 622 #
2015/2255(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recalls that in some economic sectors, the working hours system varies according with its seasonal constraints;
Amendment 696 #
2015/2255(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 10 #
2015/2254(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
2015/2254(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
2015/2254(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
2015/2254(INL)
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 99 #
2015/2254(INL)
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;
Amendment 107 #
2015/2254(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 146 #
2015/2254(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 172 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
Amendment 181 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 183 #
2015/2254(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
Amendment 198 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
Amendment 209 #
2015/2254(INL)
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 218 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 239 #
2015/2254(INL)
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 276 #
2015/2254(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 286 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 288 #
2015/2254(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
Amendment 299 #
2015/2254(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
Amendment 305 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 319 #
2015/2254(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 324 #
2015/2254(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 338 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 348 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 351 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 361 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 385 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
Amendment 386 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
2015/2254(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
2015/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
Amendment 408 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
Amendment 433 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 435 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 437 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 440 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;
Amendment 452 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 7
Annex – Recital 7
(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;
Amendment 460 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ScoreboardReport, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 470 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An bi-annual scoreboardReport on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commissionshall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;
Amendment 475 #
2015/2254(INL)
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF ScoreboardReport shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;
Amendment 479 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 490 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 496 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
Amendment 501 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 –point 8.1
Annex – Article 8 –point 8.1
Amendment 511 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 516 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
Amendment 519 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
Annex – Article 8 – point 8.3 – indent 1
Amendment 523 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 529 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the
Amendment 538 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
Amendment 540 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2 a (new)
Annex – Article 9 – point 9.2 a (new)
9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.
Amendment 542 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftReport and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 555 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 557 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardReport, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;
Amendment 562 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
Amendment 568 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
Amendment 570 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
Amendment 580 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adopttransmission of the DRF ScoreboardReport by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.
Amendment 583 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary bi-annual debate on the basis of the DRF Scoreboard,Report and adopt a resolution;
Amendment 590 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardReport and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardReport, proposals or reforms;
Amendment 595 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
Amendment 600 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,Report the Commission mayshall decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice underon further actions, in compliance with Article 7017(3) TFEU.
Amendment 603 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4 a (new)
Annex – Article 12 – indent 4 a (new)
– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.
Amendment 604 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 608 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 609 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard,monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 615 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
Amendment 620 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 625 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 636 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
14.1 An independentThe expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.
Amendment 643 #
2015/2254(INL)
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shallcan be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.
Amendment 644 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, shall be included in the annual DRF policy cycle of the DRF Scoreboarduch as:
Amendment 651 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.
Amendment 8 #
2015/2231(INI)
Motion for a resolution
Recital L
Recital L
L. whereas in 76 cases no maladministrationblundering was found; whereas in 39 cases maladministration was found, and in 13 cases another way to close the case was used; whereas in the cases where maladministration was found the Ombudsman issued critical remarks in 27 instances and draft recommendations in 12 instances;
Amendment 60 #
2015/2231(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the Ombudsman to continue to promote the European Network of Ombudsmen with a view to better informing EU citizens about the apportionmentllocation of responsibilities between the European Ombudsman, national ombudsmen and its Committee on Petitions; recognises the important contribution of the Network; notes that 59.3 % of complaints processed in 2014 fell within the competence of a member of the Network; recalls that its Committee on Petitions is a full member of the Network; notes that in 2014 the Ombudsman transferred 86 complaints to this committee;
Amendment 2 #
2015/2229(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention on the Rights of the Child and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 10 #
2015/2229(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children's rights,
Amendment 41 #
2015/2229(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2014 an estimated 230 million children currently living in countries and areas affected by armed conflicts are exposed to extreme violence, trauma, forcibly recruited and deliberately targeted by violent groups;
Amendment 162 #
2015/2229(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly underlines the importance of systematically assessing the implementation of the EU Guidelines on Human Rights, including the implementation of the EU Guidelines for the Promotion and Protection of the Rights of the Child, by using well-defined benchmarks; considers that, in order to ensure proper implementation of the Guidelines, further measures aimed at raising awareness of their content among EEAS and EU Delegation staff must be taken;
Amendment 179 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system with a special focus on Roma children;
Amendment 272 #
2015/2229(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its full support for the EU’s strong engagement in promoting the advancement of human rights and democratic principles through cooperation with the structures of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development, in line with Articles 21 and 220 TEU; welcomes therefore the adoption of the Sustainable Development Goals;
Amendment 348 #
2015/2229(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Recalls that the 2014 Sakharov Prize was awarded to Dr Denis Mukwege for his strong engagement with victims of sexual violence and continuous promotion of women’s rights; strongly condemns all forms of abuse and violence against women and girls, including female genital mutilation, child marriage and other forms of harmful traditional practices;
Amendment 355 #
2015/2229(INI)
Motion for a resolution
Paragraph 69 c (new)
Paragraph 69 c (new)
69c. Strongly condemns the continued use of rape against women and girls as a weapon of war; stresses that more needs to be done to ensure respect of international law and access to health and psychological care for women and girls abused in conflicts; calls on the EU, the Member States, international organisations, and civil society to increase cooperation to raise awareness and combat impunity;
Amendment 366 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; welcomes the global roll-out in 2014 of the EU-UNICEF Child Rights Toolkit reaffirming the EU's commitment to mainstream children's rights in all sectors and policies;
Amendment 374 #
2015/2229(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates its request for the Commission to propose a comprehensive Child Rights Strategy and Action Plan for the next five years, supporting the EU’s efforts to promote children’s rights, namely by contributing to ensuring children’s access to water, sanitation, healthcare and education, as well as by eliminating child labour and assisting children in armed conflicts; commends the "Children No Soldiers" campaign and calls on the EU and Member States to step up their support in order to reach the target of ending the recruitment and use of children in conflicts by government armed forces by 2016.
Amendment 376 #
2015/2229(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Underlines that children are particularly vulnerable in the current refugee and migrant crisis and especially when unaccompanied and that conflicts and instability have uprooted millions of children across several countries around Europe; calls on the Member States to take into account the best interest of the child in all procedures and ensure protection for children and particularly access to safe water, food, health care and education;
Amendment 186 #
2015/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s intention to present a new social pillar; recalls that to deliver on Article 9 TFEU, such a pillar should be aimed at setting a European framework for a minimum income above the poverty level, continufollowing with a rights- based approachway according to the law to social policy and improving implementation of existing social, labour and anti-discrimination legislation;
Amendment 138 #
2015/2220(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deeply regrets that overall respect for democratic standards, human rights and fundamental freedoms has further deteriorated during the reporting period; regrets that the human rights situation overall remains worrying, despite limited positive developments in some countries of the region, including legislative reforms, increased efforts to prevent torture, and steps towards the eradicxtermination of the use of child labour and forced labour;
Amendment 333 #
2015/2220(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Emphasises that deeper political and economic relations mustshould be based on shared values and correspond to an active and concrete engagement by Kazakhstan on political and democratic reforms, stemming from its international obligations and commitments;
Amendment 10 #
2015/2176(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the Authority that the first objective of its independence policy should be its reputation and therefore to make sure that the Authority is free from real or perceived conflicts of interests, in particular with the economic sectors it is de facto regulating;
Amendment 14 #
2015/2176(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AscertainsNotes with concern that, in order to attain both working with the top academics in the industry and having the most effective conflicts of interest policy possible, the Authority uses a system to assess the experts’ interests, which takes into account the role of the experts and the mandate of the scientific working group or panel of which the expert would be a member against a number of different criteria; notes, furthermore, that in 2016 the Authority will undertake an examination of the systems it has in place to detect conflicts of interest as part of the regular cycle of review of its independence policy; asks the Authority to inform the discharge authority about the outcomes of the review;
Amendment 17 #
2015/2176(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Authority to review both its independence policy and related implementing rules in a way that guarantees that no relevant economic interests are falling within Authority's remit; reminds in this respect the Authority to the repeated requests from the discharge authority to take into account the mandate of the Authority and not the panel in question when assessing whether there is conflict of interest;
Amendment 18 #
2015/2176(DEC)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Reiterates its call for the Authority to apply a two-years cooling-off period; does not accept the Authority's justification for its refusal to implement the discharge authority's repeated demands of establishing a two-years cooling-off period on all material interests related to companies it regulates;
Amendment 20 #
2015/2176(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, in order to improve its independence and conflicts of interest policy concerning expert groups, the Authority performed in 2014 an ex-post analysis of its rules on declarations of interests; notes with concern that despite the fact that this analysis led to a review and the adoption of a new, and simpler and more sophisticated version of these rulesversion of these rules without substantial changes however; and in particular, reminds with great concern the Authority the main changes requested by the discharge authority have not been taken into account;
Amendment 21 #
2015/2176(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reminds the Authority of the European Ombudsman's ruling stating that the Authority "should revise its conflict of interest rules" to ensure that those experts who work for academia declare all relevant information to EFSA"; is of the opinion that if this would affect around one third of the experts as stated by the Authority, then the Authority should dedicate special attention to the issue and work on specific measures together with the concerned academic institutions to safeguard the integrity of both institutions;
Amendment 25 #
2015/2176(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Acknowledges the Authority's efforts to improve the transparency of its work as well as the data it uses for it; acknowledges the existing legal limitations it faces for increasing data transparency; stresses that the aim of the disclosure is to make reproducibility of the Authority's work possible and therefore the steps taken towards process transparency in risk-assessment are a welcomed first step, however data transparency should also be ensured;
Amendment 26 #
2015/2176(DEC)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Reminds the Authority that commercial confidentiality clauses must not be allowed to impair disclosure of data due to the overriding public interest of health and safety; encourages it to interpret existing legal protection of commercial interest as restrictively as possible;
Amendment 30 #
2015/2176(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is looking forward to results of the Authority's systemic review of its Policy on Independence and Scientific Decision- Making Process in 2016; welcomes the Authority's commitment to consider the publication of remunerations for experts' declared activities;
Amendment 31 #
2015/2176(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Authority to make more extensive use of a new status for hearing experts following the example of the invited experts from World Health Organization's International Agency for Research Against Cancer; calls on the Authority to report to the discharge authority on use of hearing experts;
Amendment 1 #
2015/2163(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2014 / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2014;
Amendment 3 #
2015/2163(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note of the new organisational chart and the corresponding rationalisation of a formerly top-heavy management structure in favour of fewer hierarchical layers; nevertheless notes with regret that the internal administrative and financial framework of the EEAS is still overly complex and rigid; observes that the current structure does not allow the institution to react on crisis in a timely manner, similarly the access to crucial information is lengthy; calls on the institution to prepare in cooperation with the Commission, Council and Member States a further reform in order to streamline its internal processes and simplify its structure;
Amendment 11 #
2015/2163(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Urges the EEAS to establish closer cooperation, coordination and synergies of activities between the Union delegations and Member States´ Embassies abroad;
Amendment 12 #
2015/2163(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. EncouraIs concerned about efficiency and efforts of work of the Union delegations abroad; urges the EEAS to regularly pursue its evaluation programme of Unionthe delegations and to provide in its annual activity report a synthesis of the main weaknesses and difficulties encountered in the functioning of the Union delegations on the basis of the action plan established for each delegation as a result of the evaluation mission;
Amendment 21 #
2015/2163(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Observes with regret that the EEAS is still missing an overarching strategy and vision for the institution which makes it difficult to react rapidly on unexpected events in the fast developing world; calls on the EEAS to clarify its vision for the future in order to give a direction to its otherwise weakly implemented mission and to provide a high-quality support to the EU institutions and Member States in pursuing foreign policy; in this regard calls on the EEAS to develop expertise on global issues such as climate change or energy security;
Amendment 2 #
2015/2162(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget of the for the financial year 2014 / Postpones its decision on granting the European Data Protection Supervisor discharge in respect of the implementation of the budget of the for the financial year 2014;
Amendment 1 #
2015/2161(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2014 / Postpones its decision on granting the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2014;
Amendment 5 #
2015/2161(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes that in line with the Strategy Towards 2019 the Ombudsman pursued Own Initiative Inquiries, taking up a more systematic and systemic approach towards complex issues falling within its mandate; considers this to be an effective tool; asks the Ombudsman to regularly inform the discharge authority about the impact of the inquiries;
Amendment 8 #
2015/2161(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the creation of a new post designated as "own-initiative inquiry coordinator"; finds the justification for that creation general and vague; invites the Ombudsman to indicate whether this is part of a broader structuring and to identify the coordinator's tasksconsiders it to be a step towards more efficient work of the institution; invites the Ombudsman to report to the discharge authority on the performance, impact and efficacy of this post;
Amendment 10 #
2015/2161(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 15 #
2015/2161(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that more than half of the targets set by the Ombudsman to assess its performance through key performance indicators were not reached; notes that the failure crosses all subject matters; expects the Ombudsman to correct those weaknesses in next year's exercisethat the Strategy Towards 2019 brings new Key Performance Indicators with very specific targets; understands from the KPI Scoreboard that some of the targets have not been reached; in this regard notes that the Ombudsman scored lower in terms of the proportion of inquiries closed within 12 and 18 months and furthermore in the proportion of cases in which the admissibility decision is taken within one month; encourages the Ombudsman to develop a strategy towards mitigation of any potential weaknesses and to inform the discharge authority on the development;
Amendment 17 #
2015/2161(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the number of inquiries closed in relation to the number of ongoing inquiries at the end of the previous exercise reached the highest ever level (1,4, with a target of 1,1); stresses however that the proportion of inquiries closed within 12 and 18 months decreased in 2014; notes from the Ombudsman that the new strategy including the Own Initiative Inquiries had impact on the number of the cases closed;
Amendment 19 #
2015/2161(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes from the KPI Scoreboard that the level of satisfaction of the Ombudsman´s staff was lower than targeted; notes from the Ombudsman that this was mainly related to crucial changes in the institution and has since been remedied by number of measures; calls on the Ombudsman to continue in ensuring a high level of staff satisfaction;
Amendment 21 #
2015/2161(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the well-structured, clear and reader-friendly AAR presented by the Ombudsman; welcomes the intensified external communication strategy and stronger presence on social media;
Amendment 23 #
2015/2161(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 26 #
2015/2161(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 28 #
2015/2161(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes note of the Ombudsman´s calculations with regard to potential savings of EUR 195 000 should there be only one seat of the institution; takes into account that the seat of the Ombudsman is tied with the seat of the Parliament and therefore deems it necessary that the Ombudsman is included in any debate on centralisation of the Parliament´s seat; stresses that such centralization should be actively promoted;
Amendment 3 #
2015/2160(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2014 / Postpones its decision on granting the Secretary- General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2014;
Amendment 18 #
2015/2160(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the increased use of videoconferencing by the Committee; regrets however the delay in developing portable videoconferencing facilities and asks for such facilities to be further developed; takes note from the Committee that the videoconferencing tool has been used in the meetings where no interpretation is needed; encourages the Committee to use the language training effectively in order to ensure that less interpretation is needed and thus the work of the institution is more effective and efficient; calls on the Committee to update the discharge authority in this regard by the end of June 2016;
Amendment 23 #
2015/2160(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with satisfaction that a cooperation agreement between the Committee, the EESC and Parliament was signed on 5 February 2014 with the objective of developing political and administrative cooperation;cooperation; notes that an appendix on administrative cooperation was signed between the Committee, the EESC and Parliament
Amendment 36 #
2015/2160(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 3 #
2015/2159(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2014 / Postpones its decision on granting the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2014;
Amendment 24 #
2015/2159(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes into account that the number of meetings using the videoconferencing tool has doubled in comparison to the previous year; takes note from the EESC that the videoconferencing tool has been used in the meetings where no interpretation is needed; encourages the EESC to use the language training effectively in order to ensure that less interpretation is needed and thus the work of the institution is more efficient;
Amendment 25 #
2015/2159(DEC)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Notes with concern that total reimbursement of travelling expenses and allowances paid to the EESC beneficiaries amounted to EUR 17 375 864; urges the institution to develop a systematic strategy to reduce these expenses substantially;
Amendment 1 #
2015/2158(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2014 / Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2014;
Amendment 4 #
2015/2158(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note ofWelcomes the Court’'s reform project started in late 2014 aiming ato streamlineing of the audit process and, transformation of the Court into a task-based organisation; is of the opinion that both projects need to be assessed during and af and expanding the focus of the staff; inviters the Court's strategy 2013-2017 to ensure that the objectives of the reform were achieved to inform the discharge authority on the objectives achieved and identified impact with regard to this reform;
Amendment 8 #
2015/2158(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes note from the Court that the year 2014 set a record in the output delivered by the institution; welcomes new features such as the landscape review;
Amendment 11 #
2015/2158(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Court to ensure, along with merit and expertise, the geographical balance of staff, in particular in management and directorial posts;
Amendment 16 #
2015/2158(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes note of the Court's first steps towards a paperless environment; supports the Court in its objectives but expects Parliament’'s Committee on Budgetary Control to continue to receive a few paper copies of the Court's reports; endorses the environmental strategy implemented by the Court up until now including its focus on reducing the energy consumption, higher utility of video-conferencing, installation of rain water recovery system, promoting of sustainable mobility and others;
Amendment 18 #
2015/2158(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Member States to consider the financial impact of having a Member representative of the Court from every Member State and to reconsider whether a rotation system might not be more cost-efficient;
Amendment 1 #
2015/2157(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice for the financial year 2014 / Postpones its decision on granting the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice for the financial year 2014;
Amendment 8 #
2015/2157(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. RNotes that the Court of Justice has 75 official vehicles in its fleet at cost of 1 168 251 EUR; notes that the drivers´ salaries amounted to 2 434 599 EUR in 2014; considers this to be a critically high expense which is in contradiction with the overall trend in the Union institutions to limit the usage of official vehicles; reiterates its call on the Court of Justice to reduce the number of official cars at the disposal of its Members and staff; stresses that the cost of the extended private services provided by drivers is borne by Union taxpayers; recommends the Court to examine these matters in an interinstitutional context; urges the Court to actively promote green mobility;
Amendment 10 #
2015/2157(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned that the internal whistle- blowing rules are still not adopted; calls onurges the Court of Justice to implement these without further delay in 2016.
Amendment 6 #
2015/2156(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Council to inform Parliament whether it has adopted - or foresees the adoption of - a code of conductadopt a code of conduct as soon as possible in order to ensure the integrity of the institution; reiterates its call on the Council to implement whistleblowing rules without further delay;
Amendment 7 #
2015/2156(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Council to join the Union transparency register to ensure transparency and accountability of the institution;
Amendment 8 #
2015/2156(DEC)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Reiterates its call on the Council to develop detailed anti-corruption guidelines and independent policies within its structures, as well as its call with regard to systematic increase of transparency of the legislative procedures and negotiations;
Amendment 9 #
2015/2156(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that it is necessary to consider different possibilities to update the rules on granting discharge laid downTakes the stance that this constitutes a serious failure to comply with the obligations laid down by the Treaties and believes that the relevant stakeholders need to take the necessary steps to address this issue without further delay; stresses that a revision of the Treaties and of the Financial Regulations is needed in order to clarify the objectives and processes of the discharge procedure, and to define sanctions for failing to comply with the rules as stated in the TFEUreaties;
Amendment 9 #
2015/2156(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes with concern that there are no integrity rules, conflict of interest declarations and detailed biographical information for the President of the European Council and his Cabinet members; further notes that there are no common integrity rules for national representatives in the Council; calls on the Council to put in place measures that will remedy the situation and to report on this to the discharge authority;
Amendment 11 #
2015/2156(DEC)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the Council to develop detailed anti-corruption guidelines and independent policies within its structures;
Amendment 12 #
2015/2156(DEC)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Notes with concern that there is a worrying lack of transparency with regard to legislative process, negotiations, Member States´ positions and meetings; urges the Council to disclose relevant documents and to put in place clear reporting system that will enable the public to follow the legislative procedures in an open and transparent manner;
Amendment 13 #
2015/2156(DEC)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Is concerned by the lack of transparency of the trialogues and conciliation meetings; calls on the Council to systematically increase transparency and integrity with regard to the negotiations;
Amendment 21 #
2015/2156(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission to amend the Financial Regulations in order to clarify the objectives of the discharge procedure and to clearly define sanctions for not respecting the regulations; highlights that this should be done in order to hold the European institutions accountable with the aim to protect the financial interests of the Union´s citizens; stresses that there should be no exceptions;
Amendment 16 #
2015/2155(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that, as price levels have risen, this has led to unjustified disadvantageous pricing, especially for assistants, interns and visitors; stresses that the increases mean that prices in Parliament are now practically equivalent to the ones in the surrounding restaurants and bars; moreover notes with concern that while the price has risen, the quality of the food decreased notably;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 35 #
2015/2155(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that after considerable delay, internal whistleblowing rules have been adopted and are in force since January 2016; expresses concern at the protection afforded to whistleblowers and calls on Parliament to ensure that their rights are fully upheld; notes with concern that the accredited parliamentary assistants, representing a large group of potential whistleblowers, are not adequately covered by the new rules; calls on the Secretary General to remedy this issue as a matter of urgency;
Amendment 43 #
2015/2155(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that it was difficult to differentiate fully the President's political activities from his preparation as "Spitzenkandidat" to head the Party of European Socialists in the 2014 European elections; considers that an unequivocal distinction has not been made between the two roles; calls for a clear segregation of office holders' functions and candidates for European election campaigns; regrets the at least indirect use of Parliament staff to help prepare the campaign; regrets in this regard that the President transformed the Twitter profile of the European Parliament Presidency into his personal profile and used it in the campaign;
Amendment 67 #
2015/2155(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. RegretNotes that the budget line for the provision of drinking water in meeting rooms will expire in July 2016; regards the availability of mineral water during long meetings as appropriate, both in summer and winter; criticises the excessive savings in service provision (such as paper, coffee, drinking water, canteens); calls for a rethinking of the saving targets for the committee weeks of the Parliament that doesn't harm its working environmentcalls on the Parliament´s administration to find a more effective way to ensure the provision of drinking water during long meetings and to do so in line with a general trend pursued in other Union bodies that would be more cost-effective and environmentally-friendly; suggests to proceed as in the case of coffee and to provide large water barrels with paper cups that would sufficiently supply meeting rooms with water and would serve as a more effective solution compared to the plastic bottles used until now;
Amendment 69 #
2015/2155(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Notes that MEPs still use in big proportions official cars with drivers that are at their disposal; calls on the administration to provide MEPs with other options that would be in line with the trend of green mobility; calls on the administration to promote more actively the green mobility amongst all the staff of Parliament;
Amendment 74 #
2015/2155(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Supports the need for more transparency as regards the GEA; urges the Bureau to revise the list of expenses which may be defrayed from the GEA and to revise the rules applying to GEA in order to make them more strict; calls on bigger scrutiny and control with regard to spending of the GEA;
Amendment 157 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Notes that the average number of hours per week that staff interpreters spent in their booths in 2014 delivering interpretation services was 10,7 hours/week; notes however that the hours in the booth represent only a part of the interpreters´ job; calls on the DG INTE to take into account the peaks and troughs of Parliament´s calendar when considering the interpreters´ workload;
Amendment 163 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65 c (new)
Paragraph 65 c (new)
65c. Regrets that the interpreters are considered unproductive in the event of late cancellations of meetings they were assigned to and due to the fact that sick leaves under 30 consecutive days and annual leave are counted when compiling the statistical data on productivity of the interpreters;
Amendment 165 #
2015/2155(DEC)
Motion for a resolution
Paragraph 65 e (new)
Paragraph 65 e (new)
65e. Notes with concern that the calculation method with regard to statistics has not been clarified and calls on the administration to better communicate its processes on the relevant representatives of the interpreters;
Amendment 167 #
2015/2155(DEC)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Reiterates the importance of multilingualism for the democratic legitimacy of the institution; welcomnotes the fact that as a result of the resource-efficient multilingualism policy adopted by the Bureau in 2011 and of subsequent organisational reforms, significant savings have been achieved in interpretation; however notes with concern that this had a significant negative impact on the work conditions of the interpreters;
Amendment 169 #
2015/2155(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Regrets the worsening work conditions of the interpreters; stresses that high quality interpreting is crucial for the smooth running of Parliament and therefore calls on the administration to ensure better work conditions for the interpreters; urges the administration to commence an open dialogue with the relevant representatives of the interpreters on a possible solution for this issue;
Amendment 171 #
2015/2155(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Insists that large efficiency gains are still possible in the supply of interpretation, notably by enhancing the efficiency of a service currently hampered by rules dating from 2005 that are no longer compatible with the current meeting patterns of the institution; nevertheless stresses that this should be done in close cooperation with the interpreters´ representatives in order to ensure maximal effectiveness;
Amendment 176 #
2015/2155(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Calls upon the secretary general to modernise the framework for the management of interpretation, with a view to increasing individual productivity and to bringing the working practices of interpreters into line with the changed needs of the house; urges the Secretary- General to modernise the software dedicated to programming in order to address this issue;
Amendment 190 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69 a (new)
Paragraph 69 a (new)
69a. Observes that business class is booked automatically for Members when travelling between their constituencies and places of mission; calls on the agency to do so only on request; calls on the Parliament´s administration to actively promote travelling in economy class;
Amendment 194 #
Amendment 195 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69 e (new)
Paragraph 69 e (new)
69e. Welcomes the new, stricter rules applying to local assistants and service providers; notes that some of the points of the new rules remain vague and are a source of misinterpretation; calls on further clarification of these points, especially with regard to side activities of local assistants and service providers; stresses that both groups should be under very strict scrutiny;
Amendment 196 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69 f (new)
Paragraph 69 f (new)
69f. Regrets that the Members were not notified in time about the upcoming changes to the Statute for Members regarding parliamentary assistance; is concerned that the relevant departments were not able to handle the workload with regard to new changes and the officers responsible received their training on the new rules only after their implementation; observes that this led to significant delays in processing of contracts and disinformation;
Amendment 197 #
2015/2155(DEC)
Motion for a resolution
Paragraph 69 g (new)
Paragraph 69 g (new)
69g. Welcomes the creation of the Members´ e-Portal; considers this to be a cost-efficient and effective tool for review of finances in line with the paperless policy pursued by Parliament; calls on the DG FINS to actively promote its usage amongst all MEPs;
Amendment 7 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for compliance with data protection legislation of all initiatives developed under the Digital Single Market Strategy while recognizing its added value to the economy of the EU; underlines the fact that respect for fundamental rightsprivacy and data protection are key elements in building citizens’' trust and security, which are necessary for a balanced approach allowing the development of the economydata driven economy to embrace the potential of the digital sector and should thus be considered as creating opportunities and a competitive advantage;
Amendment 20 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measuron the European Commission to advance policies and legislative initiatives to tackle cybercrime, illegal content on the internet and other advanced threats to the safety and security of Europe's digital economy and society that will be in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate and efficient law enforcement tools for the European and national police agencies and law enforcement authorities, to support public- private partnerships and, to further enhance international cooperation, to consider the role of intermediaries and to promote education and awareness-raising campaigns;
Amendment 47 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity; believes that providing security on the internet means protecting networks and critical infrastructure, to strengthen the ability of law enforcement agencies to efficiently fight criminality online and offline, including terrorism, radicalisation and child pornography, and the targeted use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data and is therefore a necessary basis in order to establish a competitive digital single market;
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the data protection rules and standards should be harmonised and comprehensive for all sectors and to this end, calls for swift revision and alignment of the ePrivacy Directive to the General Data Protection Regulation;
Amendment 66 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs; recognises that putting in place additional safeguards, such as pseudonymisation or anonymisation can help reduce risks and create support for processing when personal data are used by big data applications and online service providers;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for steps to be taken to ensure high standards of data protection when pursuing cooperation with the third countries within the Digital Single Market Strategy; calls on the Commission to swiftly ensure a coherent and permanent framework for safe international transfer of data as it is necessary for legal certainty, as well as to unlock the full potential of the Digital Single Market, while at the same time guaranteeing a high level of protection of personal data for EU citizens, and which could be a good reference point for future global solutions.
Amendment 3 #
2015/2132(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the increase of the Asylum, Migration and Integration Fund (AMIF) by 31,2% in commitments and 35% in payments compared with 2015; considers that this increase adds to the need to ensure a fair and transparent distribution of funding between the different objectives of AMIF; considers it necessary to establish separate budget lines covering the four specific objectives of AMIF and one new budget line for the urgent relocation mechanism;
Amendment 5 #
2015/2132(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the increase of ISF as the border protection and security are key issues for the Union, including enhancing security agenda and European Counter Terrorist Centre.
Amendment 8 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion that, instead of the current ad-hoc decision-making, a more long-term approach to search and rescue operations is necessary; proposes, therefore, a new budget line for an EU Search and Rescue Fund to cover such operations as well as to the Union external border security;
Amendment 10 #
2015/2132(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomeSupports the proposal to mobilise the flexibility instrument to finance part of the urgent relocation mechanism but; considers that the ceiling for Heading 3 must be increased further to enable the EU to fulfil its obligations in the area of asylum and migration; calls on the Commission in this context to revise the MFF during the midterm review in 2017;
Amendment 15 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the relevant JHA agencies EASO, Eurojust, Frontex and Europol should not be subject to reduction or redeployment of staff; believes that EASO, Eurojust, Frontex and Europol requires additional staff to fulfil its increasing obligations particularly with regard to the urgent relocation mechanisms and organized crime; expresses its disappointment that the Commission is reducing the staff of these agencies against its previous announcement;
Amendment 19 #
2015/2132(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the proposed increase for Frontex as it allows for the extension of the Triton and Poseidon operations; proposes the creation of a separate budget line for those Frontex joint operations to increase their transparencyexpects the Commission to provide full transparency of their spending and the use of their financial resources on the different missions;
Amendment 24 #
2015/2132(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the budgetary impact of the measures presented as part of the European Agenda on Security, in particular with regard to Europol and its related tasks in the fields of anti-terrorism, organised crime and, cybercrime and newly planned hotspots, should be further explained and detailed by the Commission; acknowledges that the draft budget 2016 does not take into account the full scale of immediate additional responsibilities entrusted to Europol in the European Agenda on Security and the European Agenda on Migration and underlines the need to ensure an appropriate budget and level of staffing for Europol for 2016, to allow it to effectively fulfil its tasks.
Amendment 27 #
2015/2132(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for strengthening EMCDDA in view of the envisaged adoption of the regulation on new psychoactive substances conferring additional tasks on EMCDDA;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 16 #
2015/2128(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Encourages the Commission to develop such a mechanism that would motivate the companies to pay regular taxes rather than avoiding them;
Amendment 5 #
2015/2126(BUD)
Proposal for a decision
Recital 1
Recital 1
(1) Article 11 of Council Regulation 1311/2013 laying down the multiannual financial framework for the year 2014- 20204 has established a Flexibility Instrument of up to EUR 471 million (2011 prices) per year. Member States nowadays face unprecedented challenges in the field of migration and security. During the planning of the multiannual financial framework (MFF) 2014-2020 the huge migratory pressure towards the EU has not been foreseen. The new dramatic challenges in the field of migration and security should lead to a revision of the MFF in order to support the Member States to better manage the exceptional difficulties, ___________________ 4 OJ L 347, 20.12.2013, p. 884.
Amendment 20 #
2015/2126(BUD)
Proposal for a decision
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
In order to guarantee the proper spending of the financial resources the European Commission and the responsible agencies should support the Member States in creating well performing administrations and guarantee effective and regular controls for a sound financial management.
Amendment 43 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to accelerate the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 44 #
2015/2118(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened; calls on Member States to improve collection of evidence and to increase police and judiciary cooperation to combat trafficking including with Europol and Eurojust.
Amendment 56 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 72 #
2015/2118(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to come forward with proposals that create consistency in EU legislatiMember States to fully implement articles 11to 17 concerning protection and support of victims of Trafficking in Human Beings of the Directive 2011/36/EU and fully implement Directive 2012/29/EU establishing minimum standards on, to ensure that victims of THB are entitled tohe rights, support and protection of victims of crime to ensure consistency and proper support and assistance for victims of Trafficking in human beings;
Amendment 105 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices;
Amendment 29 #
2015/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the EU become a member of GRECO and request participation in the Open Government Partnership;
Amendment 32 #
2015/2110(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets that the European Commission has not yet published its 2nd Anti-Corruption Report, which is due to be issued in 2016;
Amendment 39 #
2015/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that, in order to fight corruption effectively and ensure lasting outcomes, the EU and Member States need to adopt a political strategy and a list of priorities, which may comprise not only legislative action but also a set of concrete benchmarks that Member States commit to attain in order to tackle corruption in the public and private sector and organised crime; takes the view that these targets and benchmarks should be holistic, comprising at least measures to improve transparency of public acts, access to information, public officials' asset disclosure, judicial capacity and technical assistance, whistleblower protection and mechanisms for citizen engagement in decision-making;
Amendment 57 #
2015/2110(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the establishment of a specialist Europol unit to combat organised criminal groups which operate in several sectors at the same time; takes the view that the Member States should set up a body with responsibility forsecure and effective mechanisms in the current institutional framework to ensuringe that investigations into organised crime are properly coordinated and that mutual trust among law enforcement authorities in Member States is fostered;
Amendment 118 #
2015/2110(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that cross-border police and judicial cooperation involves excessively lengthy, bureaucratic procedures that hamper its efficiency and jeopardise the effectiveness of the fight against organised crime, corruption and money laundering at EU level; calls on the Member States to increase the resources they devote to cross-border police and judicial cooperation, to ensure proper training and technical support, to guarantee the mutual admissibility of evidence between Member States, and to ensure that greater use is made of joint investigation teams and to employ a common system for communication and for exchanging information relevant to the fight against organised crime and corruption;
Amendment 121 #
2015/2110(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the urgency of creating a more efficient system for communication and exchanging information among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance for criminal matters, if necessary; asks the Commission to assess the need for legislative action in this field, to create a proper EU system of exchange of information among EU judicial authorities;
Amendment 133 #
2015/2110(INI)
Motion for a resolution
Subheading 7
Subheading 7
Preventing organised crime and corruption from infiltrating the legal economy
Amendment 152 #
2015/2110(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Urges the Commission and Member States to demand contractors to reveal their full corporate structure and beneficial owners before awarding any contracts to them so as to avoid supporting companies which engage in aggressive tax planning, tax fraud and evasion and corruption;
Amendment 173 #
2015/2110(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that the purchase of property in EU Member States is a way to launder the proceeds of criminal activity, whereby criminals shield their ultimate beneficial ownership through foreign shell companies; urges Member States to ensure that any foreign company intending to hold a property title in its territory be held to the same standards of transparency required of companies incorporated in its jurisdiction;
Amendment 174 #
2015/2110(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that tax havens are ideal places in which to collect and launder the proceeds of criminal activities, and as such should be abolishedinsists on the need to come up as soon as possible with a common Union list of uncooperative jurisdictions (i.e. a 'blacklist of tax havens'), based on sound and objective criteria, including significantly lower effective level of taxation, the existence of active harmful tax practices, advantages granted to non- resident individuals or legal entities, prevention of automatic exchange of information for tax purposes with other governments and non-disclosure of the corporate structure of legal entities (including trusts, charities, foundations etc.) or the ownership of assets or rights; welcomes the Commission's intention to reach an agreement on such a list within the next six months; calls on the Member States to endorse that agreement by the end of 2016;
Amendment 115 #
2015/2107(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes that many important fields of action are identified in the EU OSH strategic framework; stresses, in this context, that more concrete legislative measures shouldall be included in the framework, following the 2016-review;
Amendment 174 #
2015/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Member States to incorporate quantitative and, measurable and determinable targets into their national strategies;
Amendment 21 #
2015/2104(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the principles and goals of the European Union's external policy are menshritioned in Article 21 in the Treaty of the European Union, and are closely interlinked with those of the United Nations;
Amendment 318 #
2015/2104(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that the European Parliament must be in position to address these challenges in the same comprehensive and overarchunderlying way, and organize its work accordingly; considers that the Committee on Foreign Affairs must be entrusted the coordination of all policy fields relevant to the external action of the EU, with other Committees being requested to express their opinion;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 38 #
2015/2095(INI)
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
- having regard to the work, reports and resolutions of the Council of Europe,
Amendment 48 #
2015/2095(INI)
Motion for a resolution
Citation 52
Citation 52
Amendment 51 #
2015/2095(INI)
Motion for a resolution
Citation 55
Citation 55
Amendment 52 #
2015/2095(INI)
Motion for a resolution
Citation 56
Citation 56
Amendment 63 #
2015/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf
Amendment 85 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decismay be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while, voluntary resettlement, humanitarian admission and search and rescue at sea promote externaloperations at sea are all tools that can be used by the Member States to demonstrate their solidarity;
Amendment 98 #
2015/2095(INI)
Motion for a resolution
Subheading 2
Subheading 2
Tackling criminal smuggling, trafficking and labour exploitationforced labour of irregular migrants
Amendment 100 #
2015/2095(INI)
Motion for a resolution
Recital G
Recital G
G. whereas migrant smuggling, trafficking and labour exploitation are distinct legal phenomena requiring properly targeted responses, while often overlapping in practiceforced labour are distinct phenomena, while often overlapping in practice, involving other criminal acts too; whereas smuggling is a facilitation of irregular entry of a person into another country, with the consent of the smuggled person, while trafficking in human beings is a modern form of slavery, where traffickers exploit vulnerable people for financial gain by tricking or forcing them mainly into sexual and labour exploitation; and whereas criminal smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted and properly targeted responses based on the most recent and accuratefindings of investigation and data;
Amendment 107 #
2015/2095(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitationforced labour necessitates both short, medium and long- term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to proteco protect and assist victims and to return irregularly staying migrants, as well as cooperation with third countries of origin and transit and longer- term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglerin third countries;
Amendment 124 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;
Amendment 131 #
2015/2095(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the current Visa Code allows Member States to deviate from the normalstandard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);
Amendment 134 #
2015/2095(INI)
Motion for a resolution
Subheading 4
Subheading 4
Developing sustainable asylum policy that could include safe and lawful routes for asylum seekers and refugees into the EU, including the Union resettlement policy and corresponding integration policies
Amendment 140 #
2015/2095(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the current migration crisis is a global challenge that requires a global action;
Amendment 146 #
2015/2095(INI)
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, wouldmay allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers;
Amendment 157 #
2015/2095(INI)
Motion for a resolution
Recital O
Recital O
O. whereas individual Member States continue to develop intense external action on migration at the bilateral level; what is due to the lack of common action at the external level, and the large influx of asylum seekers and associated additional challenges;
Amendment 168 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;
Amendment 185 #
2015/2095(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous directives focusing on specific categories of workers and of third-country nationals who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific needs;
Amendment 191 #
2015/2095(INI)
Motion for a resolution
Recital T
Recital T
Amendment 195 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member Statesof existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 219 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; acknowledges that solidarity as a principle must be voluntary, taking into account each Member States capacity and available resources to participate in joint efforts;
Amendment 233 #
2015/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;
Amendment 237 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also moral and a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 244 #
2015/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;
Amendment 256 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 268 #
2015/2095(INI)
Motion for a resolution
Subheading 11
Subheading 11
On tackling human trafficking and criminal smuggling
Amendment 273 #
2015/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also beas the consequences are distinct, therefore the policy response must be adjusted to these differences thus being properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violentile often undertaken in dangerous or degrading conditions but with the consent of the migrant, while human trafficking is a serious crime, a gross violation of fundamental rights, which involves the recruitment, transportation or reception of a person by means of threat, or use of threat, or other forms of coercion, abduction, fraud, deceptiveon or abusive meanse of power or vulnerability, for the purpose of exploitation;
Amendment 291 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people; stresses that children are particularly vulnerable to trafficking, exposed to abuse and exploitation of all sorts, including child labour and prostitution; calls on Member States to fully implement Directive 2011/36/EU and step up their police and judicial cooperation to fight trafficking and child smuggling and combat impunity;
Amendment 295 #
2015/2095(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Member States to fully implement and enforce the Directive 2011/36/EU on preventing and combating trafficking in human beings and take all the necessary measures to prevent this serious crime, to prosecute and punish the perpetrators by effective, proportionate and dissuasive sanctions, including seizure and confiscation of proceeds of crime and to identify, protect and assist victims;
Amendment 317 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspecbe a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 327 #
2015/2095(INI)
Motion for a resolution
Subheading 12
Subheading 12
On the role of Union agencies in the fight against criminal smugglsmuggling and human trafficking
Amendment 330 #
2015/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that, since criminals can and do change their modus operandi very quickly, policy responses must adapt to the most recent and accurateinvestigations and data; notes, as a positive step forward, that the Commission adopted a Union Action Plan against Migrant Smuggling on 27 May 2015 (‘the Action Plan on Smuggling’), under which it provides for the setting up of a Contact Group of Union Agencies on migrant smuggling, to strengthen their operational cooperation and information exchange;
Amendment 333 #
2015/2095(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges the steps the EU and its agencies, with the coordination of its EU Anti-Trafficking Coordinator have taken against trafficking in human beings and encourages the EU and Member States to put more efforts on identifying and adequately addressing new trends and forms of human trafficking which might be provoked and caused by the significantly increased migration;
Amendment 349 #
2015/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection, or a beneficiary of international protection, from one Member State to another – is a practical example of solidarity within the Union; recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;
Amendment 359 #
2015/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, within the last year, the Council has adopted two decisions on temporary relocation measures in the Union (‘Relocation Decisions’)9 , and that they involve the transfer of applicants of international protection from Greece and Italy to other Member States; observes that, although the Relocation Decisions do not end the current Dublin rules on allocation of responsibility, they do constitute a ‘temporary derogation’ from the Dublin rules but should be assessed on individual basis and circumstances; __________________ 9 Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601.
Amendment 370 #
2015/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgentvoluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to thosee agreed measures as soon as possible;
Amendment 383 #
2015/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, for the purposes of the Rrelocation Decisionsmeasures taken by the Council, relocation willmay cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;
Amendment 443 #
2015/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that resettlement is one of the preferredn cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access to the Union for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;
Amendment 450 #
2015/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons in need of international protection onto Member State territories; notes that Member States already now can choose to use this tool;
Amendment 456 #
2015/2095(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, givenNotes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;
Amendment 470 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatovoluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;
Amendment 473 #
2015/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that there is a need for a permanentn Union-wide resettlement programme, with mandatory participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union; while taking into account the capacity of Member States to provide adequate reception conditions, integration opportunities in society and labour market;
Amendment 480 #
2015/2095(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;
Amendment 486 #
2015/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that humanitarian admission, which Member States can already choose to apply, can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;
Amendment 495 #
2015/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that, in so far as resettlement remains unavailablelimited for third- country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes; taking into account the capacity of Member States to provide adequate reception conditions and integration opportunities in society and labour market;
Amendment 517 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;
Amendment 524 #
2015/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve harmonisationswift processing of asylum applications and returns;
Amendment 549 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 567 #
2015/2095(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Rrelocation Decisions are based should bs of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 584 #
2015/2095(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;
Amendment 590 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 610 #
Amendment 614 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 616 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positiveMember States have the right to review asylum decisions is a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Unsued by another MS, using the initial decision as a recommendation’;
Amendment 641 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 652 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 713 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 742 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandEmphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 748 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; understands that effective and functioning return policies may facilitate public acceptance of CEAS;
Amendment 754 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;
Amendment 875 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;
Amendment 901 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. AcceptEmphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 975 #
2015/2095(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of human trafficking and criminal smuggling to come forward and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves;
Amendment 986 #
2015/2095(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Underlines that another crucial step in dismantling criminal smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits and assets of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive;
Amendment 995 #
2015/2095(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the voluntary resettlement component of these programmes continues to be weak; believes that capacity-building efforts and resettlement activities should be stepped up and carried out together with third countries hosting large refugee populations;
Amendment 1093 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1112 #
2015/2095(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;
Amendment 1180 #
2015/2095(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;
Amendment 1206 #
2015/2095(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Calls for a comprehensive vision of the labour market in the Union as a necessary pre-condition for the development of labour market policies; pPoints out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the UnionMember States in a better way; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;
Amendment 1213 #
Amendment 1214 #
2015/2095(INI)
Motion for a resolution
Paragraph 114
Paragraph 114
114. Notes that labour exploitationforced labour can take place as a consequence of trafficking, of smuggl in human being,s or even in theits absence of both, with the result that there is impunity , calls on the Member States to fully implement and enforce those exploiting irregular migrante Directive 2009/52/EC on providing for minimum standards ion those Member States in which it is not criminalised as suchsanctions and measures against employers of illegally staying third- country nationals;
Amendment 1219 #
2015/2095(INI)
Motion for a resolution
Paragraph 115
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitationforced labour, in particular in sectors most at risk (agriculture, fishing, construction, manufacturing, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law and, secondly, to increase labour inspectionso ensure that forced labour is criminalised and punished under national law and that Member States provide adequate powers to competent authorities to carry out inspections, while sufficient staff are available with the skills and qualifications needed to carry out targeted inspections effectively in at-risk sectors;
Amendment 1226 #
2015/2095(INI)
Motion for a resolution
Paragraph 116
Paragraph 116
116. Takes note of the fact that, at present, many Member States criminalise labour exploitation onforced labour mostly when it takes place as a form of trafficking, which leaves a wide gap in all cases where the labour exploiters were not involved in the trafficking, or their involvement cannot be proved;
Amendment 1239 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 70 #
2015/2091(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that all aspects of the external dimension of the CFP must be predicateddone on equitableal relationships between the EU and its partners globally, be they bilateral (sustainable fishing partnership agreements) or multilateral (RFMOs);
Amendment 197 #
2015/2091(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view, in particular,Suggests that the provisions of bilateral and multilateral trade agreements should include an explicit reference to the IUU Regulation; warns the Commission against proposing any type of improved trade relations to a third country that has been identified under Article 31 of the IUU Regulation;
Amendment 5 #
2015/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Member States to implement urgentimmediate structural reforms of vocational education and training (VET), including apprenticeships and internships that includecontain a strong work-based learning component, in order to facilitate school-to- work transitionsimprove the employability, professional and life skills of individuals and contribute to the competitiveness of the European economy;
Amendment 14 #
2015/2088(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages Member States to adopt long-term policies through effective investment, increased cooperation and strategic partnerships in order to promote innovation, competitiveness and excellence in VET;
Amendment 15 #
2015/2088(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points to Erasmus+ as a key instrument for ensuring the quality of vocational education and training across the EU and encourages international exchanges for the purposes of professional training;
Amendment 20 #
2015/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to introduce or to further develop dual VET systems in order to facilitate the acquisition of core employability and job-specific skills, while ensuring quality control and guidance by public institutions over its general content, implementation, assessment and certification procedure;
Amendment 34 #
2015/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the importance of addressing skills shortages and mismatches by facilitating the mobility of learners in VET, through a better use of tools such as the European Qualifications Framework, the European Skills Passport, the Youth Guarantee and, the European Credit System for Vocational Education and Training and the European Quality Assurance in Vocational Education and Training (EQAVET);
Amendment 59 #
2015/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that individual skills development is one of the key elements of integrated employment and social policies;
Amendment 69 #
2015/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the involvement of young people, social partners and other relevant stakeholders and organisations in the development, implementation, monitoring and evaluation of relevant initiatives aimed at supporting youth employment at EU, national and local level is of the highest importance;
Amendment 69 #
2015/2088(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Member States to incorporate new technologies in the learning process and to intensify ICT training at all levels of education, while also building a better technological base in schools and universities and providing the necessary infrastructure;
Amendment 83 #
2015/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the integration of new teaching and training methods, developed by teachers in response to the specific needs of the class.
Amendment 107 #
2015/2088(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to examine best practices of school-career guidance system where pupils are monitored from an early school stage to the first steps on the labour market;
Amendment 119 #
2015/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the key role of enterprises, including SMEs and micro-enterprises, in job creation; stresses the need to provide education for entrepreneurship more predominantly on every level, including pre-school education, by including in curricula the development in a safe environment (through games, simulations and youth projects) of the practical skills needed in starting and managing businesses;
Amendment 136 #
2015/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the removal of administrative and financial barriers to starting and managing businesses through the simplification of procedures, easier access for start-ups to credit and microfinance, multidisciplinary tailor-made counselling, peer-to-peer evaluation platforms, introduction of incentive measures for entrepreneurs employing young people; underlines the importance of microfinance and the EU Employment and Social Innovation (EaSI) programme, as well as the Investment Plan for Europe, for achieving these goals;
Amendment 212 #
2015/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that traineeships and apprenticeships should lead to employment and condemns the abuse of such arrangementsthat the working conditions and assigned tasks should help trainees to acquire the practical experience and relevant skills to enter the labour market;
Amendment 248 #
2015/2088(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that skills development should also be considered as a mechanism leading to equal opportunities for people from disadvantaged groups, in particular for children and young people from families affected by poverty, the long-term unemployed, including second-generation unemployed, disadvantaged immigrants and people with disabilities; stresses that prevention as well as support and counselling at an early stage are of the outmost importance, because although enabling people who are at a disadvantage to develop skills and to enter the labour market requires time and resources it is also socially and economically profitable;
Amendment 12 #
2015/2065(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the food trade has an increasingly significant cross-border dimension and is of particularthere is a big importance for the functioning of the internal market;
Amendment 66 #
2015/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Doubts whether voluntary initiatives are adequate for addressing UTPs and the acknowledged ‘fear factor’ in the supply chain arising from the imbalancenequality of power between farmers and retailers;
Amendment 107 #
2015/2065(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the development of alternative and informal mechanisms for dispute settlement and redress, in particular through mediation and amicablefriendly arrangements;
Amendment 147 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to combat the radicalisation and recruitment of European citizens by terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) as well as the Muslim communities in taking on this objective of stamping out the radicalisation of European citizens;
Amendment 276 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Stresses that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants and other actors on the internet to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 357 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that families together with schools and education have an important role to play in preventing radicalisation; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in schools;
Amendment 388 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities, especially the Muslim communities in order to help reach a better understanding of the phenomenondanger of radicalisation; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalised;
Amendment 42 #
2015/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas long-term imprisonment is a particularly inappropriate solution in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbances;
Amendment 67 #
2015/2062(INI)
Motion for a resolution
Recital I
Recital I
I. whereas continuousan effective increase in funding for prisons, continuous systematic training of prison staff and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 75 #
2015/2062(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the violence int behaviour of prisoners is often associated withprovoked by prison overcrowding and deplorable detention conditions;
Amendment 100 #
2015/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its concern about prison conditions in certain Member States, particularly in Greece, France, Belgium, Italy, Slovenia and Romania; calls on Member States to comply with the rules on detention derived from the instruments of international law and Council of Europe standards;
Amendment 146 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisoners and to lay down their obligations; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 258 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that considerafinancial and social recognition ofor and systematic training of prison staff is essential in order to ensure good detention conditions in prison, and encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convened;
Amendment 4 #
2015/2042(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the financial instruments offered through the Facility are mainly loans and guaranteein 2013 actions funded under the Facility included senior loans and guarantees; further notes that some of the intermediaries receive both a guarantee and a loan, however these two instruments always cover different portfolios;
Amendment 5 #
2015/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. FindNotes that the Facility had a very slow start and took some years to identify the gaps in order to increase its outreach in terms of financial intermediaries and beneficiaries; believes thatruns as a pilot project since 2010; further notes that weaknesses were identified in terms of outreach to vulnerable groups such as migrants and disabled people; however foresees that lessons learned have been reflected and some of the shortcomings have already been tackled in the new Employment and Social Innovation (EaSI) instrument, but insist; welcomes that a strategic assessment of the targets, has been developed in accordance with the Europe 2020 objectives, should be developed;
Amendment 6 #
2015/2042(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes that further budgetary resources have been allocated to the EaSI for micro-financing;
Amendment 8 #
2015/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the Facility’'s geographical coverage within the EU is not adequayet limited, extending as it does to only 20to only 22, soon to be 23, out of the 28 EU Member States; calls on the Commission to make greater efforts to ensure full geographical coverage and to identify and analyse the reasons for some Member States not being covered by the instrument; encourages the Commission to provide the wide public with sufficient information on possibilities of financing by this instrument;
Amendment 9 #
2015/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the growing importance of the microfinance business in the EU; is of the opinion that better account should be taken ofwelcomes the demand-driven approach of the Facility addressing the needs of micro-entrepreneurs and attracting private funding; recommends however that the beneficiaries’' needs in the further development of microcrediare subject to further assessment;
Amendment 11 #
2015/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the social and employment impact of the Facility was scarcely assessed, particularly with regard to data on senior entrepreneurship and support for minorities; calls on the Commission to require the intermediate institutions to cooperate explicitly with minority associations in order to actively to involve vulnerable groups, such as women and minority groups, in the programme; in this regard calls on the Commission to initiate an in-depth impact assessment analysing the Facility and its successor programme under the MF/SE axis of EaSI;
Amendment 15 #
2015/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that 44% of all entrepreneurs supported by the Facility existed less than 1 year; calls on the Commission to further evaluate viability of the micro-businesses financed through the Facility; calls on the Commission to encourage development of employment sustainability through adequate guidance and training financed under the new EaSI instrument in order to secure long-lasting impact;
Amendment 16 #
2015/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. TakWelcomes the view that there was not enough complementarity between the Facility and the European Social Fund (ESF) with regard to the requirement that all microcredit providers work with entities providing training and mentoring services, particularly those supported by the ESFincreased flexibility of the new programme under the EaSI in responding to changing needs in respect of the funds reallocation between axes of the programme; calls on the Commission to avoid double funding by developing clear and transparent synergies between the EaSI and other Union programmes and initiatives;
Amendment 18 #
2015/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Asks the Commission to ensure that the ESF adapts better to the specific needs of the Facility’s beneficiaNotes that the ESF should provide key financing for creating enterprises, particularly by developing capacity building and training, in order to guarantee improved synergies between ESF programmes and the Facilityviable microfinance and social enterpreneurship accompanied by mentoring and training programmes; regrets that these tools are not directly financed by the EaSI;
Amendment 20 #
2015/2042(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes that the employment creation impact was less than initially expected, in spite of the fact that many recipients would have been completely excluded from the credit market were it not for microcredit; notes however that the Facility substantially contributed to job preservation; takes into account that this will be addressed by the new, more flexible EaSI instrument;
Amendment 22 #
2015/2042(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. RNotes that almost 2000 applications for loans supported by the Facility were rejected; regrets the high number of rejected applications for microfinance and the still significant microfinance market gap, despite the increase in the number of micro-borrowers;
Amendment 30 #
2015/2042(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages the Commission to ensure that the Facility and the EaSI instrument continue to contribute to the EU added value and visibility.
Amendment 3 #
2015/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission's announcement of its intention to present, in 2016, a proposal for an inter-institutional agreement revising the Transparency Register for representatives of interest groups; insists that the consultations preceding the proposal take account, in a balanced way, of the different points of view expressed and do not in any case prevent the decision-making bodies from obtaining all relevant information;
Amendment 4 #
2015/2041(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (2007/2115(INI));
Amendment 6 #
2015/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Encourages MEPs and Council´s representatives to voluntarily publish information about their meetings with stakeholders, as is the practice of the Commission,
Amendment 6 #
2015/2041(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union ‘shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9 of the Treaty on European Union), and whereas ‘every citizen shall have the right to participate in the democratic life of the Union’ and ‘decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3)) and that ‘the Union’s institutions, bodies, offices and agencies shall conduct their work as openly as possible’ (Article 15(1) of the TFEU);
Amendment 11 #
2015/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the limited progress in ensuring the protection of whistleblowers and journalists, who canAcknowledges that whistleblowers could play a significant role in the fight against corruption; regretasks, therefore, that the Commission has not responded to Parliament's request to examine the possibility of establishing a European whistleblower protection programme; calls on the Commission to present a communication on this subject by the end of 2016;to assess the situation regarding whistleblowers´ rules on national level and consider a possible plan for setting up minimum rules for whistleblowers with adequate safeguards against misuse
Amendment 11 #
2015/2041(INI)
Motion for a resolution
Recital B
Recital B
B. whereas EU institutions have been becoming more open and are in most respects already ahead of national and regional political institutions in terms of their transparency, accountability and integrity;
Amendment 12 #
2015/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Feels that a strong and independent European Public Prosecutor's Office should be set up in orderwith clearly defined competences and responsibilities will help to combat offences against the Union’'s financial interests and to investigate, prosecute and bring the perpetrators of offences against the Union’'s financial interests to judgement; considers that any weaker solution would be detrimental to the Union budget; encourages the Council to give a new impetus to the negotiations on the PIF Directive in order to strengthen the existing legal framework and to enhance the efficiency of the protection of EU financial interests.
Amendment 12 #
2015/2041(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the adequate representation of different interests in the legislation process represents a significant source of information for Members and is crucial for the properly functioning of pluralistic societies;
Amendment 14 #
2015/2041(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in view of the greater distance between the EU and its citizens and lower levels of media interest in the EU affairs, EU institutions must strive for the highest possible standards of transparency, accountability and integrity;
Amendment 15 #
2015/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the deadlock in the Council on the revision of Regulation (EC) 1049/2001 on access to documents; calls for an ambitious reform, which would be an undoubted step forward; recalls that transparency enhances public trust in the EU institutions by allowing citizens to be informed about the EU decision-making process; the citizens should be informed accurately and in good time;
Amendment 20 #
2015/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the need to improve the transparency of legislative negotiations, including trialogues.nevertheless stresses that trialogues proved to be an effective instrument for reaching a consensus among the legislative bodies; suggests therefore that their transparency should be increased by reporting in the competent parliamentary committee on the developments of the state of play of the trilogue negotiations;
Amendment 23 #
2015/2041(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for an increased transparency of the EU Agencies and their relations to other EU bodies; stresses the importance of transparent processes of nomination, election or appointment of Agencies´representatives, especially in cases when the Parliament is included;
Amendment 23 #
2015/2041(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-transparent, one-sided lobbying may poses a significant threaterious challenge to policy-making and to the public interest;
Amendment 28 #
2015/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s agreement to increase transparency by improving its system of expert groups, particularly as regards the procedure for selecting experts, through the development of a new conflict- of-interest policy for experts appointed in a personal capacity; takes note of the requirement for experts to be registered in the transparency register where relevant; however urges the Commission to take into account the recommendations of the European Ombudsman concerning the composition of the expert groups and to create more systematic and transparent approach; encourages the European agencies to consider reforms in a similar sense;
Amendment 28 #
2015/2041(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that appropriate balance between privacy and data protection and transparency should be established;
Amendment 34 #
2015/2041(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Believes that the level of transparency could be raised through the creation of a legislative footprint for EU lobbying that would enable publishing of all documents covering every step in the process of drafting legislation, with the objective of switching from a voluntary to a mandatory EU register for all lobbying activities for any of the EU institutions;
Amendment 38 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievEncourages that the Commission, Parliament and the Council should record and disclose allrelevant input received from lobbyists/interest representatives on draft policies, laws and amendments as a ‘legislative footprint’; suggests that this legislative footprint should consist of a form annexed to reports, detailing all the lobbyists with whom those in charge of a particular file have met in the process of drawing up each report and a second document listing all written input received;
Amendment 42 #
2015/2041(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Demands that all those EU institutions that have not yet done so urgently adopt internal rules on whistleblowing and assess the possibility of agreeing on a common approach to their obligations, focusing on the protection of whistleblowers;
Amendment 47 #
2015/2041(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to expand and improve its existing initiativeWelcomes the initiative of the Commission as laid out in its decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals; considers that the recording of meeting data should be expanded to include everyone involved in the EU’s policy-making processalls on the Commission to continue with the increase of transparency in regard to meetings of decision makers in the EU’s policy-making process, while taking into account necessary data protection;
Amendment 54 #
2015/2041(INI)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers OLAF to be a key actor in the fight against corruption and therefore believes that it is of utmost importance that the institution works effectively and independently; recommends that the OLAF Supervisory Committee is given access to the information needed for effective execution of its mandate with regard to oversight of the OLAF activities and is provided with budgetary independence;
Amendment 59 #
2015/2041(INI)
Draft opinion
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recognises the important role of Europol and Eurojust in combating organised crime including corruption; believes that the agencies should have further powers to act in this area, especially in the instances of transnational cases;
Amendment 60 #
2015/2041(INI)
Draft opinion
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Recommends that the European Public Prosecutor´s Office (EPPO) has a mandate covering organised crime including combating of corruption; highlights that tasks and responsibilities of the EPPO should be further clarified in order to avoid potential overlap of work with national authorities;
Amendment 64 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 83 #
2015/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that an amendment should introduce mandatory monthlyannual updates on lobby expenditures;
Amendment 90 #
2015/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its longstanding call to back up the EU lobby register with a legal act to close all loopholes anhich would achieve a fully mandatory register for all lobbyists; considers that the proposal for this legal act could take into account the progress achieved by changes in the inter- institutional agreement and Parliament’s Code of Conduct;
Amendment 102 #
2015/2041(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers lobby transparency through monthlyannual reporting by lobbyists about their meetings as a key element for future EU legislation;
Amendment 107 #
2015/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, when interpreting ‘inappropriate behaviour’ within the meaning of point (b) of the Code of Conduct, this expression shcould be taken to include turning down formal invitations to hearings or committees without sufficient reason;
Amendment 111 #
2015/2041(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 119 #
2015/2041(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the position of the EP adopted in the Gualtieri report on the modification of the interinstitutional agreement on the Transparency Register(2014/2010(ACI)), with regard to professional organisations, and their readiness to work in partnership to ensure that, in the interest of their profession the withholding of information is confined exclusively to what the legislation objectively permits;
Amendment 126 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau to restrict access to Parliament’s premises for non-registered organisations or individuals by making all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their registrationthat undertake lobbying activities;
Amendment 134 #
2015/2041(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes it to be necessary, as a matter of urgency,Reiterates the necessity to introduce a proper monitoring system for submitted information in order to ensure that the information that registrants provide is meaningful, accurate, up-to-date and comprehensive;
Amendment 156 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations;
Amendment 162 #
2015/2041(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the opinion that further steps need to be taken both to tackle ethical issues relating to the political role of lobbies, their practices and their influence and to promote safeguards for integrity, in order to raise the level of transparency of lobbying activities;
Amendment 172 #
2015/2041(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the members of the Advisory Committee chosen from among Members of the European Parliament should be complemented by a majority of externally chosen members who must be qualified experts in the field of ethics regulation and should be drawn from an open call and include members of civil societyshould be former member of the European Court of Justice or European Court of Auditors;
Amendment 180 #
2015/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 190 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 200 #
2015/2041(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages the dissemination of the conflict-of-interest policy among officials alongside on-going awareness-raising activities;
Amendment 209 #
2015/2041(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that Article 3 of the Code of Conduct for Members should be rephrased to include a clear ban on MembersReiterates that MEPs should declare if they are holding side jobs or other paid work that could lead to a conflict of interest;
Amendment 223 #
2015/2041(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 229 #
2015/2041(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers it regrettable that the Council has still not adopted a code of conduct;
Amendment 240 #
2015/2041(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 243 #
2015/2041(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 252 #
2015/2041(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Underlines the need to enhance integrity and improve the ethical framework through clear and reinforced codes of conduct and ethical principles, so as to allow the development of a common and effective culture of integrity for all EU institutions and agencies;
Amendment 253 #
2015/2041(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recognises that revolving door effect can be detrimental to the relations between the institutions and interest representatives; calls on the Commission to develop a systematic and proportional approach for this challenge throughout the European institutions;
Amendment 257 #
2015/2041(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 284 #
2015/2041(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 288 #
2015/2041(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 294 #
2015/2041(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 302 #
2015/2041(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls the provisions of Regulation 2014/1141, that will entry into force in January 1, 2017, stipulating that control over the financing of European Political Parties shall be exercised on the basis of annual certification by an external and independent audit, as well as by the Court of Auditors, in accordance with Article 287 TFEU;
Amendment 305 #
2015/2041(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 335 #
2015/2041(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets that the Council’s lack of transparency is preventing citizens and national parliaments form holding governments fully accountable owing to a lack ofinsufficient information on the positions of individual Member States;
Amendment 343 #
2015/2041(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes, therefore, that preparatory meetings within the Council should be as public as meetings of Parliament’s committepossible, while taking into consideration reasonable need for confidentiality during the negotiations between Member States;
Amendment 347 #
2015/2041(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 354 #
2015/2041(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
Amendment 356 #
2015/2041(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 370 #
2015/2041(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Takes the view that Members should have the right to request access to all Commission documents, where necessary under exceptional circumstancesich relate to any of the Parliament’s competences, where necessary through a reading room;
Amendment 387 #
2015/2041(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. RecognisWelcomes the progress made in the transparency of trade negotiations, but insists that these advances with respect to TTIP must be extended to all trade negotiation and the Commission's efforts to ensure greater openness; recognises that TTIP negotiations procedure is now among the most transparent public international negotiations ever; understands at the same time that a degree of confidentiality in the process of negotiations is often necessary for their success;
Amendment 415 #
2015/2041(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Believes that decisions taken or prepared in the Eurogroup, in the Economic and Financial Committee, ‘"informal’" Ecofin Council meetings and Euro summits must becomehave to be as transparent and accountas possible, fincluding through the publication of their minutesa right balance between desirable transparency and necessary data protection;
Amendment 424 #
2015/2041(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. RAcknowledges that whistleblowers can play a considerable role in the fight against corruption and welcomes the progress in their protection achieved so far; regrets the Ombudsman’s finding that most EU institutions have not yet properly implemented rules to protect whistleblowers; points out that to date only the Commission, the Ombudsman and the Court of Auditors have adopted such rules;
Amendment 427 #
2015/2041(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Believes effective whistleblower protection to be a key weapon against corruption and therefore reiterates its call to the Commission to prepare a whistleblower protection directiCommunication based on the assessment of the rules at national leve,l including minimum Europe-wide standards of protection order to provide for minimum rules for whistleblowers;
Amendment 429 #
2015/2041(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Asks the Commission to apply strictly the measures pertaining to discretion and exclusion in respect of public procurement, with proper background checks being carried out in every instance, and to apply the exclusion criteria in order to debar companies in the event of any conflict of interest, this being essential to protect the credibility of the institutions;
Amendment 434 #
2015/2041(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 462 #
2015/2041(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 21 #
2015/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 71 #
2015/2038(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to step up its efforts not only towards policy coherence between EU trade, development and environmental policies in all the treaties, but also towards cooperation at EU level on national policies in these areas, in ways consistent with international commitments to HR, decent work, gender equality and environmental sustainability;
Amendment 3 #
2015/2012(BUD)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the report of the Court of Auditors adopted on 11 July 2014 states that the potential saving for the Union budget would be about EUR 114 million a year if the Parliament centralised its activities;
Amendment 37 #
2015/2012(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that in order to create substantial savings the need for a road map to a single seat of the Parliament must be addressed;
Amendment 48 #
2015/2012(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that, in order to ensure adequate support to the Members for the accomplishment of their parliamentary activities, a new balance needs to be found between accredited parliamentary assistants and local assistants; calls for increased transparency with regard to the employment of local assistants and service providers; requests the Secretary-General to present a proposal for a decision to the Bureau to this end as soon as possible; expects that the final decision shall enter into force as of January 2016;
Amendment 76 #
2015/2012(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, to this end, the Secretary- General proposes the creation of 20 additional posts in order to reinforce the secretariats of the four parliamentary committees concerned (ECON, ENVI, ITRE and, TRAN and LIBE); considers that this reinforcement can be accepted only after the examination of the possibilities of internal redeployment;
Amendment 15 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 16 #
2015/0310(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Border and Coast Guard Teams shall be established and updated as necessary by the Management Board on proposal from the Commission.
Amendment 17 #
2015/0310(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Concerning the above mentioned costs incurred, VAT shall be eligible if not deductible.
Amendment 18 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency.
Amendment 20 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Agency shall finance or co-finance return operations with grants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas.
Amendment 22 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The Agency shall finance or co-finance return interventions with grants from its budget in accordance with the financial rules applicable to the Agency.
Amendment 26 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. The candidates proposed by the Commission shall then address the competent committee of the European Parliament and reply to questions, following which the committee shall give its non-binding opinion.
Amendment 28 #
2015/0310(COD)
Proposal for a regulation
Article 75 – paragraph 7
Article 75 – paragraph 7
7. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the budgetary authority) together with the preliminary draft budget of the European Union at the latest together with draft budget of the European Union.
Amendment 199 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 609 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 624 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 634 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The Agency, in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission, shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting women and children's needs in the hotspot areas.
Amendment 806 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 818 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, in particular unaccompanied minors and children with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 827 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1151 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 44 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer activeconsciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.
Amendment 54 #
2015/0287(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The protection of individuals with regard to the processing of personal data is governed by Directive 95/46/EC of the European Parliament and of the Council31by Regulation (EU) 2016/679 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those Directivelegal acts already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 312 OJ L 2801, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 3231.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.
Amendment 56 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks, adjusted to the consumers it is dedicated for, to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have.
Amendment 62 #
2015/0287(COD)
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal datathe right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.
Amendment 71 #
2015/0287(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer as a counter-performance for the digital content supplied or data produced by the consumer during the duration of the contract, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. If personal data protection technics, such as pseudonimisation, as prescribed in the Regulation (EU) 2016/679 are used by the supplier, only after the request made by the consumer, the supplier should refrain from using these data. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 75 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from using the content generatproduced by the consumer. However, in those cases where more than one consumer generatproduced particular content, the supplier is entitled to continue to use the content generatproduced by the consumer where those other consumers make use of it.
Amendment 77 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier, on request made by the consumer, should allow the consumer to retrieve all data uploaded by the consumer, or produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 98 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter-performance other than money in the form of personal data or any other data.
Amendment 101 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. It shall also apply to contracts where personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, are consciously provided by the consumer as a counter-performance other than money. The contract shall explicitly indicate which data are exchanged for the content supplied.
Amendment 118 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The contract shall include all relevant characteristics for the assessment of the conformitity of the digital content, as well as all relevant information regarding the processing of personal data in compliance with the obligation under Regulation (EU) 2016/679. In order to conform with the contract, the digital content shall, where relevant:
Amendment 125 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 127 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) whether the digital content is supplied in exchange for a price or other counter-performance than money, by providing personal data or any other data;
Amendment 145 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data collectproduced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer with the exception of the content which has been generatproduced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 149 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format;
Amendment 164 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of otherpersonal data as counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collectprovided or produced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer, with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 169 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format; and
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 42 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 47 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 66 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 86 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should bare adopted in order to ensure that they cannot be converted into firearms.
Amendment 99 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 101 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing to a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 104 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 112 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the commercial modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not apply to reloading of ammunition for personal use or making legal modifications and conversions to a firearm for which a person has an authorization.
Amendment 113 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 122 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 130 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2
Article 4 – paragraph 2
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import to the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 131 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 152 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.
Amendment 155 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 170 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it was granted is no longer met.
Amendment 172 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 173 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) This Directive is without prejudice to the ownership of firearms and ammunition acquired through inheritance; Member States shall restrain the possession of such firearms by owners who are not duly authorised.
Amendment 181 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provision and seizedre this is not contrary to public security or public order.
Amendment 188 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 198 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their paressential components and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States.
Amendment 204 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 220 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 231 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted two years after the entry into force of this Directive."
Amendment 237 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 6
Annex I – part II – point A – Category A – point 6
Amendment 244 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 8
Annex I – part II – point A – Category A – point 8
Amendment 258 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point iii
Article 1 – paragraph 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – Category C – point 5
Annex I – part II – point A – Category C – point 5
5. Alarm and signal weaponsFirearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute and, acoustic weapons as well as replicas;, gas, paintball or airsoft, Flobert, or percussion lock weapons.
Amendment 260 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point iii
Article 1 – paragraph 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – Category C – point 6
Annex I – part II – point A – Category C – point 6
Amendment 263 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Amendment 269 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Amendment 279 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 316 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 330 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 –paragraph 1e
Article 1 –paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing into a Member State from a third country fully assembled firearms, their parts and ammunition.
Amendment 361 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 406 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 434 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or parand any essential component placed on the market has been marked and registered in compliance with this Directive.
Amendment 452 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time of manufacture of each firearm or at the time of import into the Union or as soon as possible thereafter, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 460 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 519 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 536 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The acquisition and possession of firearms shall only be permitted if, inter alia, there is good cause. Member States, whilst not being under any obligation in that regard, may decide that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, self-defence, reservist training, various scientific, technical and testing activities and re-enactment of historical events, filmmaking or historical study constitutes good cause.
Amendment 549 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 578 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This Directive is without prejudice to the ownership of firearms and ammunition acquired through inheritance. Member States shall prohibit the possession of such firearms by owners who are not duly authorised.
Amendment 590 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those. In exceptional and duly reasoned cases, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition wheld in violation of this provison and seizedre this is not contrary to public security or public order.
Amendment 620 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise persons or bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in theiracquire and possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)when this is not contrary to public security or public order.
Amendment 660 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 731 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, including a fitness check of the new provisions, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted by ... [two years after the date of entry into force of this Amending Directive].
Amendment 748 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 751 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms; which have not been authorised in accordance with Article 10ba, with the exception of firearms converted prior to ... [the date of entry into force of this Amending Directive1a]; __________________ 1a In this case, Article 10ba shall be amended as follows: "Member States shall take measures to ensure that long semi-automatic firearms which have been converted from originally automatic firearms cannot be reconverted into automatic firearms. Mechanical design of any particular type of long semi- automatic firearms including conversions of any particular type of originally automatic firearms into semi-automatic firearms must be authorised for civilian use by a competent public authority before being placed on the market."
Amendment 755 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. AComponents with which a semi- automatic firearms which have can been converted into semi-an automatic firearm without sophisticated skills and tools;
Amendment 762 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 778 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 811 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weaponsFirearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute and, acoustic weapons as well as replicas;, gas, paintball or airsoft, Flobert, or percussion lock weapons.
Amendment 822 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 6
Annex I – part II – point A – category C – point 6
Amendment 830 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Directive 91/477/EEC
Annex I – part III – point a
Annex I – part III – point a
Amendment 838 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c
Article 1 – point 14 – point c
Directive 91/477/EEC
Annex I – part III – paragraph 2
Annex I – part III – paragraph 2
Amendment 843 #
2015/0269(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [36 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 15 #
2015/0218(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The preservation of the stabilitystability's protection of the olive oil market in the Union requires that the additional volume genercreated by the autonomous trade measures is only made available after the exhaustion of the volume of the annual olive oil duty free tariff rate quota laid downremarked in Article 3(1) of Protocol 1 to the Euro-Mediterranean Agreement.
Amendment 21 #
2015/0218(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The specific autonomous trade measures established by this Regulation are intended to alleviate the difficult economic situation, which Tunisia is currently facing, due to the terrorist attacks. Those measures should therefore be limited in time and be without prejudicshould be to the negotiations between the Union and Tunisia on the establishment of a Deep and Comprehensive Free Trade Area (DCFTA), which are to start in October 2015. An extension of the application period may be contemplated at the end of this period if warranted by the market situation or progress in the DCFTA negotiations.
Amendment 2 #
2015/0134(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Therefore a new common design should be established, with more modhich not only guarantees greatern security features to render the visa sticker more secure and prevent forgeryand protects against forgery and fraud, but also incorporates more modern security features to prevent its misuse.
Amendment 35 #
2015/0125(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Having regard to the Council Conclusions of 25-26 June 2015, this emergency mechanism should encourage greater solidarity and participation among all Member States.
Amendment 117 #
2015/0125(NLE)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Relocation shall only take place on voluntary basis in respect of applicants whose applications for international protection shall in principle be examined by Italy and Greece pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013.
Amendment 152 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Italy and Greece shall each, within one month of entry into force of this Decision, present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Special attention should be given to strict return policy. Italy and Greece shall fully implement this roadmap.
Amendment 47 #
2015/0096(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) “sport fishery” means non-commercial fisheries whose members adhereobey to a national sport organization or are issued with a national sport license;
Amendment 65 #
2015/0096(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 15, Union fishing vessels not entered into the ICCAT records referred to in Article 19(1) shall not be authorised to fish for, retain on board, tranship, transport, transfer, process or land Bluefin tuna in the eastern Atlantic and Mediterranean.
Amendment 170 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The EIB and EIF shall on a regular basis provide the European Parliament, the Council and the Commission with all their independent evaluation reports which assess the practical results achieved by the specific activities of the EIB and EIF under this Regulation, focusing on outcomes and impacts.
Amendment 172 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. At the latest [PO insert date three years after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation, including assessment of the value added of the EFSI and its additionality to existing EU funding instruments, accompanied by any relevant proposal for improvements.
Amendment 202 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic and societal value added contributing to achieving Union policy objectives in synergy and additionality with existing EU operations, including the 2014-2020 cohesion policy. The EFSI should improve the competitiveness of the European enterprises through enhancing the access to funding, supporting innovation and research, and lead to the enhancement of the regulatory environment.
Amendment 297 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis through geographically and sector balanced strategic investments. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 338 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects. The Investment Committee should be accountable to an independent Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 431 #
2015/0009(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their relevance, performance, additionality to EU funding instruments, value added and impact and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 575 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises and innovative companies, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 758 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The EFSI Agreement shall provide that the EFSI shall be governed by an independent Steering Board, which shall set detailed investment guidelines, determine the strategic orientation, the strategic asset allocation and operating policies and procedures, including the investment policy of projects that EFSI can support and the risk profile of the EFSI, in conformity with the objectives under Article 5(2). The Steering Board shall elect one of its members to be Chairperson.
Amendment 839 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The EFSI Agreement shall provide that the EFSI shall have an Investment Committee, which shall be responsible for examining potential operations in line with the EFSI investment policies and approving the support of the EU guarantee for operations in line with Article 5, irrespective of their geographic location. The investment Committee shall evaluate project proposals based upon clear criteria and methodology developed and agreed upon with the member states.
Amendment 924 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies and supportcontribute to recovering EU's economic convergence, be consistent with Union policies and ensure additionality to existing EU funding through any of the following general objectives:
Amendment 1008 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) investments in other sectors where a necessity could occur
Amendment 1225 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The report shall elaborate on the principles of sound financial management, transparency, proportionality, non-discrimination, equal treatment, additionality, non-distortion of competition, alignment of interest between the Commission and the partner financial institution.
Amendment 1323 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The EIB and EIF shall on a regular basis provide the European Parliament, the Council and the Commission with all their independent evaluation reports which assess the practical results achieved by the specific activities of the EIB and EIF under this Regulation, focusing on outcomes and impacts.
Amendment 1326 #
2015/0009(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. At the latest [PO insert date three years after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation, including assessment of the value added of the EFSI and its additionality to existing EU funding instruments, accompanied by any relevant proposal. for improvements.
Amendment 115 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter securityit is important to find the right balance between the respect of fundamental rights and ensuring security of citizens;
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 13 #
2014/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the ESIF funds should all be systematically used for the development and the implementation of comprehensive and integrated SUMPs for complementarily and mutually reinforcing urban mobility measures in the wider spatial planning context;
Amendment 61 #
2014/2242(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the efforts by the Commission to coordinate and consolidate EU initiatives in the field of urban mobility, such as CIVITAS 2020 for research and innovation, the Urban Mobility Observatory for exchange of best practice and experience, or the Platform on Sustainable Urban Mobility Plans; calls on the Commission to reinforce its efforts to reduce fragmentation and lack of coordination between the relevant EU initiatives and programmes and to take into accountconsider the success of programmes such as URBAN and URBACT;
Amendment 78 #
2014/2241(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Strongly encourages the Commission, in cooperation with the European Travel Commission (ETC), to further contribute to the joint promotion of Europe as the world’s top tourist destination under the umbrella of a common European approach and positioadjoining;
Amendment 128 #
2014/2241(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the members of the ETC to support the existing mandate of the ETC for the purpose of assisting in the development and promotion of targeted transnational and pan-European tourism products, inter aliaamong other things by means of an advanced Visiteurope.com portal;
Amendment 83 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need for transparency and accountability in the negotiations throughout the entire process; stresses the important role of the European Ombudsman office as guardian of EU transparency and endorses its call for a transparent policy approach and an information campaign on TTIP; reminds the Commission of its obligation to keep Parliament fully informed on an immediate basis at all stages of the negotiations; insists on access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case- by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents2 . __________________ 2 OJ L 145, 31.5.2001, p. 43.
Amendment 13 #
2014/2221(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the mid-term review of the MFF to identify betteranalyse and take due account of the value added by EU funding to the goals of competitiveness, growth, employment and energy transition set by the European Union;
Amendment 17 #
2014/2221(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls once more on the Council to agree with Parliament and the Commission on a common method for assessing realcalculating the level of payments needs in accordance withcessary to cover the real needs commitments made by the two arms of the budgetary authority;
Amendment 27 #
2014/2221(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Regrets once again that Member States persist in viewing their contribution to the EU budget as an adjustment variable in their consolidation efforts, which in turn leads to an artificial reduction in the volume of payments available in the EU budget; proposes therefore that when examining national budgets, the Comm special provission shall enter in the calculations of deficitss have to be made to show each country’s share of unpaid invoices in order to draw attention to the true state of affairs concerning liabilities attributable to each Member State;
Amendment 47 #
2014/2221(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Calls on the Member States to top up this fund and welcomes the Commissionʼ's intention to exclude national contributions from stability pact calculationsproposal to show flexibility with regard to the national contributions to the EFSI in case those lead to a small and temporary breach of the 3% deficit threshold for a Member State; rejects the idea of any attempts to renationalise the fund or argue for a fair return which could ensue from national contributions; wishes to see trans- European and supranational projects chosen so that citizens may be able to associate the benefits arising from these projects with action by the European Union.
Amendment 50 #
2014/2218(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the criteria established for the admissibility of petitions, pursuant to the Treaty and Parliament’s own Rules of Procedure, state that petitions shall satisfy the formal conditions governing admissibility (Rule 215 of the Rules of Procedure), namely that a petition must concern a matter which comes within the European Union’s fields of activity and directly affect the petitioner, who must be a citizen of the European Union or have a residence there; whereas as a result of this a proportion of petitions received are declared inadmissible because they do not comply with these official criteria (list 3); whereas the members of the Committee introduced a new procedure in December 2014 to meet these formal requirements;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 59 #
2014/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that an individual non- anonymous complaint should require, as a formal prerequisite, that the person who intends to issue the complaint is registered in the EURODAC system according to Regulation (EU) No 603/2013.
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 119 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submitinitiate a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 53 #
2014/2204(INI)
Motion for a resolution
Recital K
Recital K
K. whereas in a statement issued in April 2015 the WHO acknowledged that the world and the organisation itself were poorlynot good prepared to deal with a lengthy epidemic;
Amendment 47 #
2014/2155(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the differing levels of rigour and scope employed by the Member States in reporting irregularities in general and fraudulent irregularities in particular, including in such areas as cohesion policy and agriculture, and calls onExpresses its concern about the reliability of data due to the fact that detection of irregularities by the Member States continues to vary significantly; stresses that the Commission toshould develop a unified and comprehensive information bank on irregularities actually instigated and on measures taken, thus providing authorities and citizens with trustworthy data for the implementation of effective corrective measures, and for an objective assessment of the actual, rather than perceived, gravity of infringements and of the parties responsiblecommon guidelines and indicators in order to narrow the gap between the different approaches of the Member States to detection of irregularities; highlights that the Commission should furthermore implement guidelines for the Member States on effective application of preventive measures on countering fraud that would approximate the varying procedures;
Amendment 75 #
2014/2155(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to revert to interruptions and suspensions of payments only as a last resort for preventing irregularities since such measures increase the risk of errors due to the reduced time frames required for apply all mechanisms to prevent and correct fraud and other irregularities as appropriate; recommends that the Commission should in the framework of sound financial management pursue bothe proper absorption of EU funds; requests that the Commission report on the actual contribution from interruptions and suspensions of payments in reducing irregularities and errorseventive and corrective measures, and use them as deem necessary to protect the EU budget; considers the interruptions of payments to be an important preventive tool;
Amendment 1 #
2014/2140(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Welcomes that a commitment to improving EU Joint Programming since 2011 has been made in some 40 countries; points out however that coordination between the Commission and Member States in climate finance for developing countries still needs to be considerably improved to meet not only the 2020 commitment but also to allow the Union to stay a frontrunner in terms of climate actions and to combat corruption in developing countries;
Amendment 9 #
2014/2140(DEC)
Motion for a resolution
Paragraph 177
Paragraph 177
177. Supports the Court's recommendation that the Commission should analyse how the budget allocated to the national support programmes (NSPs) for the period 2014– 18 matches the needs of the Union wine sector, the absorption capacity of the Member States and readjust the budget where appropriate; invites the Commission to consider whether there is a need for extra financial tool for the wine sector compared to other agricultural sectors;
Amendment 10 #
2014/2140(DEC)
Motion for a resolution
Paragraph 178 a (new)
Paragraph 178 a (new)
178a. Encourages the Commission to contribute to increased transparency of the wine promotion in the third countries by better system of controlling and monitoring of the funded projects; points out that this measure should also help to avoid double financing;
Amendment 11 #
2014/2140(DEC)
Motion for a resolution
Paragraph 236
Paragraph 236
236. Is concerned that if the Commission and Member States do not agree on the main character of this part of the ISF, be it a solidarity mechanism or an instrument for the furtherance of the implementation of the Schengen acquis, Member States may still be inclined to use the funding for projects that they deem important from a national perspective, rather than seekingTherefore calls on the Member States to include the ISF into national strategies for border management in order to contribute to consular co-operation, to Frontex operations or to emergency actions and specific actions which are of importance to the Schengen area as a whole; urges the Commission and the Member States to improve their cooperation in this regard;
Amendment 12 #
2014/2140(DEC)
Motion for a resolution
Paragraph 238
Paragraph 238
238. Expects that by earmarking parts of the available funds, it will be easier forRecommends to the Member States to develop and use relevant and measurable indicators for output, outcome and impact of the actions concerned; notes in this regard that both actions in the solidarity segment, and actions that are particularly relevant from a national perspective should only be funded if it can be demonstrated ex ante that they serve concrete and measurable objectivesfunded projects; stresses that high quality ex ante verifications should be in place to ensure that all funded projects serve concrete and measurable objectives and have added value; notes that ex post verifications would help to provide quality control mechanism;
Amendment 13 #
2014/2140(DEC)
Motion for a resolution
Paragraph 239
Paragraph 239
239. Agrees with the CPoints ourt that the work of Frontex should be more directly supported by the ISFfurther EU added value can be achieved through additional contribution from the Member States to Frontex operations by making the entering of at least part of the ISF co- financed assets into Frontex’s technical equipment pool obligatory;
Amendment 14 #
2014/2140(DEC)
Motion for a resolution
Paragraph 240
Paragraph 240
240. Is worried about the irregularities found by the Court in the various national procurement policies and states that the exception clause for defence and security procurements may not be used in cases, where less restrictive procedures could have been used without compromising security; recommends streamlining of the procurement procedures to ensure timely implementation of the funding;
Amendment 15 #
2014/2140(DEC)
Motion for a resolution
Paragraph 241 a (new)
Paragraph 241 a (new)
241a. Highlights the need to improve the standard of data collection on the funded projects on the national level in order to increase the degree of transparency;
Amendment 10 #
2014/2139(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that on the basis of the agencies’ contribution, the Commission elaborated guidelines with standard provisions for headquarter agreements between decentralised agencies and host Member States; notes with concern that 10 agencies6 still do not have a headquarter agreement; encourages the agencies to address this issue effectively; __________________ 6 CdT, CPVO, EASA, EMA, ERA, ESMA, eu-LISA, EU-OSHA, Eurofound, Frontex.
Amendment 14 #
2014/2139(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reminds that the principle of annuality is one of the three basic accounting principles, together with unity and balance, which are indispensable to ensuring the efficient implementation of the Union budget; notes that decentralised agencies sometimes do not fully comply with that principle; calls on the agencies to minimize the errors in this regard;
Amendment 19 #
2014/2139(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the FFR provides for the possibility of sharing or transferring services where cost efficiency might be gained; recalls that the agencies already seek synergies, exchange best practices and share services for their efficient operation and in order to make the most of their resources; acknowledges the evolution of the agencies’ cooperation amongst themselves which will intensify further in the coming years and enable them to continue to deliver on their objectives; notes that 82 % of the agencies have signed a memorandum of understanding with other agencies; calls on the agencies to continue to expand their already well-established cooperation and shared services; invites the agencies to proactively seek further collaboration amongst each other in order to enhance efficiency and efficacy of their work;
Amendment 24 #
2014/2139(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Invites the agencies to improve their geographical balance with regard to staffing;
Amendment 26 #
2014/2139(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Network and the individual agencies to further expand their communication and cooperation with the Parliament beyond the discharge procedure;
Amendment 28 #
2014/2139(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes however that a number of agencies still experience difficulties with implementation of their independence policies, especially with regard to staffing of expert groups and scientific panels and committees; recommends to the agencies to address this issue together with the Commission, taking into account also the recommendations raised by the European Ombudsman´s own initiative inquiry (OI/6/2014/NF) opened on 12 May 2014, outlined in the letter to the European Commission concerning the composition of the Commission´s expert groups;
Amendment 31 #
2014/2139(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes note that 61 % of the agencies have already published the CVs and declarations of interests of their management board members, management staff and external and in-house experts on their website; acknowledges that the remaining agencies will publish the same information upon adoption of revised policies; calls on the agencies to proceed in this regard without any necessary delay;
Amendment 33 #
2014/2139(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Invites the Court of Auditors to follow-up on its 15/2012 report on management of conflicts of interest in the EU Agencies;
Amendment 34 #
2014/2139(DEC)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Encourages the Commission to conduct regular evaluation of transparency and integrity of the Agencies and to make the results of such evaluation publicly available;
Amendment 36 #
2014/2139(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Acknowledges that in 2014, nearly all agencies have included on their websites the statement that they are agencies of the Union; calls on the agencies to ensure that they and their work are associated with the Union;
Amendment 37 #
2014/2139(DEC)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Welcomes the initiative of some of the agencies to introduce public consultations on some of their policies; invites the agencies to continue in this practice;
Amendment 38 #
2014/2139(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges nevertheless that all agencies are working towards applying a multilingual practice in their online presence and aim to have at least a section or document on their website that provides basic information about the agency in all the official languages of the Union; points out that although a multilingual approach requires a significant financial commitment and calls on, there is a need for the agencies to take immediate actions in this field within the limits of their available resourcesarea;
Amendment 39 #
2014/2139(DEC)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Notes that many of the agencies have strengthened their presence online and have put substantial efforts into raising their visibility and welcomes the proactive approach in this regard; further invites the agencies to expand their visibility through other tools such as social networks, open days, presence at fairs and so forth in order ensure that the European citizens are well informed in a transparent manner about the work of Agencies;
Amendment 41 #
Amendment 42 #
2014/2139(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Welcomes the efforts made by the agencies to address the issue of cost- effectiveness and environment- friendliness of work environment; encourages the agencies to further pursue cost-effective and environment-friendly solutions with regard to work and building management and to increase the utility of digital solutions such as videoconferences in order to reduce travel and other expenses;
Amendment 1 #
2014/2128(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2128(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2013 / Postpones the closure of the accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2013;
Amendment 8 #
2014/2128(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that the Agency's seat is located in Tallinn while its operational activities are carried out in Strasbourg; agrees with the Court's opinion that it is likely that management effectiveness would increase and administrative costs would be reduced if all staff were centralised in one location; calls for a single location for the Agency;
Amendment 1 #
2014/2126(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Asylum Support Office discharge in respect of the implementation of the Office’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Asylum Support Office discharge in respect of the implementation of the Office's budget for the financial year 2013;
Amendment 2 #
2014/2126(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers, in general, that the EASO should pay particulagreater attention to ensuringthe principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using its appropriations economically, efficiently and effectively in the performance of its dutiescarrying out its remit.
Amendment 3 #
2014/2126(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Asylum Support Office for the financial year 2013 / Postpones the closure of the accounts of the European Asylum Support Office for the financial year 2013;
Amendment 1 #
2014/2125(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute's budget for the financial year 2013 / Postpones its decision on granting the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute's budget for the financial year 2013;
Amendment 2 #
2014/2125(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2013;
Amendment 3 #
2014/2125(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013 / Postpones the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013;
Amendment 4 #
2014/2125(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the Court of Auditors (“the Court”), in its report on the annual accounts of the European Institute of Innovation and Technology (“the Institute”) for the financial year 2013 (“the Court's report”), found for the second consecutive year no reasonable assurance on the legality and regularity of the grant transactions; notes that in the Court´s view the quality of the certificates was compromised as they were issued by independent audit firms insufficientcontracted by the grant beneficiaries, covering about 87 % of the grant expenditure; recalls furthermore that in order to address the shortcomings related to the quality of the audit certificates, the Institute improved the instructions provided to certifying auditors and communicated the updated instructions to the “Knowledge and Innovation Communities” (KICs), the recipients of the Institute's grants, in June 2013;
Amendment 4 #
2014/2125(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013 / Postpones the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013;
Amendment 5 #
2014/2125(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes from the Institute that the improved instructions resulted in a considerable increase inn improvement of the quality of the audit certificates received in respect to 2013 grant transactions for which the final payments were made in 2014;
Amendment 5 #
2014/2125(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern, however, that the budget implementation rate for Title I (staff expenditure) was low at 74 %; ascertains from the Court’s report that this is mainly related to the high turnover of staff and the outstanding adoption of the regulations on salary adjustments; in this regard calls on the Institute to effectively address its staffing policies to avoid the high turnover of staff;
Amendment 6 #
2014/2125(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the Institute introduced complementary ex post verifications for grant transactions as a second layer of assurance on the legality and regularity of grant transactions; acknowledges that the Institute carried out “on the spot” audits covering around 40 % of the grants paid under the 2013 Grant Agreements; notes that these audits resulted in the recovery of EUR 263 239, out of the total audited amount of EUR 29 163 272; acknowledges that the detected error rate in the audited sample is 0,90 % and the residual error rate is 0,69 %, which is below the materiality threshold of 2 %; notes that the Court has not raised any comments or findings in relation to ex ante or ex post verifications in its preliminary observations for the financial year 2014;
Amendment 7 #
2014/2125(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges from the Institute that it improved its procurement procedures since 2013 and took a proactive approach after the detection of errors by the Court; notes in particular that the Institute cancelled the two framework contracts concluded in 2010 and 2012 where the use of the negotiated procedure was found as being irregular; notes furthermore that the Institute revised extensively its internal procedures, circuits and templates in order to fully comply with the respective public procurement rules, with special attention given to the sound planning and estimation of needs; acknowledges that the Institute recruited an additional procurement officer in 2015 and that it carried out a series of trainings on procurement for its staff;
Amendment 8 #
2014/2125(DEC)
Motion for a resolution
Paragraph 6 – indent 2
Paragraph 6 – indent 2
— ensuring thatrequiring the procurement function to verifiesy all requests for service before requesting an offer, which provides an additional layer of control;
Amendment 1 #
2014/2124(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office's budget for the financial year 2013 / Postpones its decision on granting the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office's budget for the financial year 2013;
Amendment 4 #
2014/2124(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013 / Postpones the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013;
Amendment 8 #
2014/2124(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges that two items remain open, namely implementation of proper Information Security Controls and establishment of a Systematic Risk Management Process; notes that the Office is currently looking at an appropriate solution in view of closing the point shortly; calls on the Office to report to the discharge authority on the progress in this regard;
Amendment 2 #
2014/2123(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 5 #
2014/2123(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2013 / Postpones the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2013;
Amendment 9 #
2014/2123(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes with concern that the Agency held 5,5 million EUR in cash at the end of the year; calls on the Agency to ensure rigorous treasury management in the future;
Amendment 1 #
2014/2122(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013; / Postpones its decision on granting the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;
Amendment 3 #
2014/2122(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Securities and Markets Authority for the financial year 2013; / Postpones the closure of the accounts of the European Securities and Markets Authority for the financial year 2013;
Amendment 1 #
2014/2121(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013; / Postpones its decision on granting the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013;
Amendment 3 #
2014/2121(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013; / Postpones the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013;
Amendment 2 #
2014/2120(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013;
Amendment 4 #
2014/2120(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Banking Authority for the financial year 2013 / Postpones the closure of the accounts of the European Banking Authority for the financial year 2013;
Amendment 1 #
2014/2119(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute's budget for the financial year;
Amendment 3 #
2014/2119(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2013 / Postpones the closure of the accounts of the European Institute for Gender Equality for the financial year 2013;
Amendment 1 #
2014/2118(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2013;
Amendment 3 #
2014/2118(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Police Office for the financial year 2013 / Postpones the closure of the accounts of the European Police Office for the financial year 2013;
Amendment 4 #
2014/2118(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers, in general, that the Europol should pay greater attention to the principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using its appropriations economically, efficiently and effectively in carrying out its remit.
Amendment 1 #
2014/2117(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2117(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2013 / Postpones the closure of the accounts of the Euratom Supply Agency for the financial year 2013;
Amendment 1 #
2014/2116(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2116(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Chemicals Agency for the financial year 2013 / Postpones the closure of the accounts of the European Chemicals Agency for the financial year 2013;
Amendment 16 #
2014/2116(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the exemplary measures taken by the Agency with regard to cost- effective and environment-friendly solutions; encourages the Agency to continue the good practice;
Amendment 1 #
2014/2115(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2115(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Fisheries Control Agency for the financial year 2013 / Postpones the closure of the accounts of the European Fisheries Control Agency for the financial year 2013;
Amendment 7 #
2014/2115(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges from the Agency that its comprehensive policy on the prevention and management of conflicts of interests was adopted by its Administrative Board in October 2014 and is publicly available on the Agency’s website; notes that that policy requires the publication of declarations of interests of the Administrative Board's members, the Executive Director and the Heads of Unit, while their CVs are published on a voluntary basis; notes from the Agency that the members of its Advisory Board are not required to publish their CVs or declarations of interests as they do not carry out any duties where independence is required; nevertheless calls on the Agency to revise this policy and publish the CVs of the Executive Director, Heads of Units and members of the Administrative Board on a mandatory basis; calls on the Agency to publish the CVs and declarations of interests of members of the Advisory Board in order to contribute to bigger transparency;
Amendment 1 #
2014/2114(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 4 #
2014/2114(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European GNSS Agency for the financial year 2013 / Postpones the closure of the accounts of the European GNSS Agency for the financial year 2013;
Amendment 12 #
2014/2114(DEC)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
Other comments 11 a. Welcomes the good measures taken by the Agency with regard to visibility; encourages the Agency to continue the good practice;
Amendment 13 #
2014/2114(DEC)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11 b. Notes that the Agency failed to sufficiently answer the question of the discharge authority concerning the cost- effective and environment-friendly solutions of its work place; calls on the Agency to inform the authority on this matter;
Amendment 1 #
2014/2113(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 5 #
2014/2113(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013 / Postpones the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013;
Amendment 1 #
2014/2112(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Police College discharge in respect of the implementation of the College’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Police College discharge in respect of the implementation of the College's budget for the financial year 2013;
Amendment 1 #
2014/2112(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers, in general, that CEPOL should pay greater attention to ensuringthe principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using its appropriations economically, efficiently and effectively in the carrying out its remit.
Amendment 4 #
2014/2112(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Police College for the financial year 2013 / Postpones the closure of the accounts of the European Police College for the financial year 2013;
Amendment 11 #
2014/2112(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes with concern that the discussion about the College´s future is on-going and it harms business planning and implementation;
Amendment 13 #
2014/2112(DEC)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Notes with concern that the College failed to sufficiently answer the question of the discharge authority regarding the cost-effective and environment-friendly solutions for work environment; calls on the Agency to remedy this issue;
Amendment 1 #
2014/2111(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2111(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Railway Agency for the financial year 2013 / Postpones the closure of the accounts of the European Railway Agency for the financial year 2013;
Amendment 1 #
2014/2110(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2110(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2013 / Postpones the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2013;
Amendment 5 #
2014/2110(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges that during 2013, the Agency's operational staff were relocated to Athens, while its administrative staff remained in Heraklion; agrees with the Court's opinion that administrative costs could be reduced if all the Agency's staff were to be centralised in one location and encourages the Agency to prepare a strategy that would resolve this issue effectively;
Amendment 7 #
2014/2110(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges that according to the lease agreement between the Greek authorities, the Agency and the landlord, rent for the offices in Athens is paid by the Greek authorities; is concerned that rent is constantly paid late, with a delay of several months, which presents business continuity and financial risks for the Agency; takes note that the Agency has commenced discussions with the interested parties in this regard; notes furthermore that to date, the landlord has accepted the delays attributed to procedures of the Greek Government without imposing any penalty on the Agency; calls on the Agency to continue its efforts in order to mitigate the risks brought by this situation and to inform the discharge authority on the progress;
Amendment 8 #
2014/2110(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern that the Agency failed to answer the question on cost- effectiveness and environment- friendliness of working space; calls on the Agency to inform the discharge authority on the measures in place;
Amendment 1 #
2014/2109(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2013;
Amendment 3 #
2014/2109(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2013 / Postpones the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2013;
Amendment 5 #
2014/2109(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that this concerns the issue of ex ante verifications that are not supported by sufficient documentation on eligibility and the accuracy of the costs claimed; notes with concern that the Centre has adopted ex post verifications strategy with ten months delay; expects the Centre to inform the discharge authority when the issue is completed;
Amendment 1 #
2014/2108(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;
Amendment 3 #
2014/2108(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Food Safety Authority for the financial year 2013 / Postpones the closure of the accounts of the European Food Safety Authority for the financial year 2013;
Amendment 7 #
2014/2108(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes from the Authority that following the consultation with key partners in 2014 it has clarified and partially reviewed its implementing rules regarding the Policy on Independence concerning declarations of interests; observes that the revised procedure for screening of annual, special and oral declarations of interests of the members of the Authority’s Scientific Committee, Scientific Panels and Working Groups introduced the criteria on which the screening is based, as well as the role of the screening officer, who has to immediately report any possible conflict of interests to his or her reporting officer;
Amendment 10 #
2014/2108(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Strongly regrets that the main loopholes in the Authority's implementing rules have not been closed despite this review, in particular the fact that the assessment of scientists' interests is performed in reference to the mandate of the panel at stake instead of the Authority's remit - whereas the latter is used as the scope for the declaration of these interests;
Amendment 11 #
2014/2108(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes with concern the recent European Ombudsman's ruling concluding that "EFSA should revise its conflict of interest rules, and the related instructions and forms it uses for declarations of interests" to "ensure that those experts who work in academia declare all relevant information to EFSA"; calls on the Authority to have scientists on its panels and working groups disclose the financial arrangements between the departments of the universities they work for and commercial companies when those are in the Authority's remit;
Amendment 16 #
2014/2108(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes from the Authority that for employment it applies a two-year cooling- off period on a risk based approach for experts being employed by the food industry, not for all other forms of collaboration with companies in the Authority's remit; reiterates its call that the Authority should apply a two-year cooling-off period to all material interests related to the commercial agrifood sector, including research funding, consultancy contracts and decision-making positions in industry-captured organisations; calls on the Authority to inform the discharge authority of the results of the ongoing impact assessment on the introduction of further cooling-off periods, which will take place in the framework of the forthcoming policy review starting in 2015; demands that this impact assessment uses as first indicator the Authority's independence from the economic sectors it regulates;
Amendment 19 #
2014/2108(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Congratulates the Authority for adopting the reproducibility of its scientific opinions as a policy objective within its Transparency Initiative, and encourages it to deliver on these very important commitments, in particular providing full and pro-active access to the dataset used for these scientific opinions;
Amendment 22 #
Amendment 23 #
2014/2108(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Notes with concern that the Agency uses a group of transport services for travel to and from the airport, at cost of 918.668 EUR in 2013; urges the Agency to find less costly solution for this purpose;
Amendment 24 #
2014/2108(DEC)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the exemplary measures taken by the Agency with regard to cost- effective and environment-friendly solutions for its premises; encourages the Agency to continue the good practice;
Amendment 1 #
2014/2106(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2106(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2013 / Postpones the closure of the accounts of the European Aviation Safety Agency for the financial year 2013;
Amendment 6 #
2014/2106(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with concern that thCalls on the Agency to improve transparency of outsourcing could be improved through the better documentation of the allocation processes, including assessments made on the basis of the criteria set in the guidelines; notes with concern that this is also the case for the allocation of the many other low-value contracts to bidders;
Amendment 9 #
2014/2106(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends to the Agency to further strengthen its independence policy, especially in terms of publication of CVs and declarations of interest of managers and members of the Administrative Board;
Amendment 10 #
2014/2106(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note that since 2004, when the Agency became operational, it has been working on the basis of correspondence and exchanges with the host Member State; however, a comprehensive headquarters agreement has not yet been signed with the host Member State; notes that such agreement would promote transparency in respect of the conditions under which the Agency and its staff operate; calls on the Agency to address this issue as a matter of urgency and to inform the discharge authority on the progress;
Amendment 1 #
2014/2105(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2105(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2013 / Postpones the closure of the accounts of the European Maritime Safety Agency for the financial year 2013;
Amendment 6 #
2014/2105(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Agency to make the declarations of interest and CVs of the Executive Director, the Heads of Unit and the members of the Administrative Board publicly available on its website to further enhance transparency;
Amendment 1 #
2014/2104(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2013 / Postpones its decision on granting the European Training Foundation discharge in respect of the implementation of the Foundation's budget for the financial year 2013;
Amendment 3 #
2014/2104(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Training Foundation for the financial year 2013 / Postpones the closure of the accounts of the European Training Foundation for the financial year 2013;
Amendment 1 #
2014/2103(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2013 / Postpones its decision on granting the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2013;
Amendment 3 #
2014/2103(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers, in general, that Eurojust should pay particulagreater attention to ensuringthe principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using its appropriations economically, efficiently and effectively in the performance of its dutiescarrying out its remit.
Amendment 5 #
2014/2103(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of Eurojust for the financial year 2013 / Postpones the closure of the accounts of Eurojust for the financial year 2013;
Amendment 8 #
2014/2103(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that in 2013 Eurojust made 49 budget transfers, affecting 101 budget lines, indicating weaknesses in budget planning and implementation; encourages Eurojust to fulfil its goal to reduce the number of budget lines and to inform the discharge authority on progress in this regard;
Amendment 14 #
Amendment 15 #
2014/2103(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 2 #
2014/2102(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 4 #
2014/2102(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Medicines Agency for the financial year 2013 / Postpones the closure of the accounts of the European Medicines Agency for the financial year 2013;
Amendment 6 #
2014/2102(DEC)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
– in order to improve its communication with Union citizens, the Agency has recently implemented several initiatives such as publication of strategic documents including summaries for the public, meeting highlights, newsletters or annual reports; notes furthermore in this regard the development of IT communication tools such as ‘Public health communication’ which provides the public with key information on medicines, mainly on their safety; in this regard encourages the Agency to set the pharmacovigilance public hearings;
Amendment 7 #
2014/2102(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that 83% of Agency´s budget comes from the industry fees, representing gradual increase; requires complete transparency about this aspect of budget to avoid any risks for consumers´ rights or Agency´s reputation;
Amendment 8 #
2014/2102(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the Agency faced some controversy regarding several cases of recruitment procedures in the past; calls on the Agency to always ensure complete transparency and clarification with regard to the recruitment procedures;
Amendment 10 #
2014/2102(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges from the Agency that the transparency criteria for partner, patient, healthcare and consumer organisations has been revised during 2014 in order to increase the transparency of funding; notes the adoption of the document with detailed criteria regarding the evaluation of financial information from patients, consumers and healthcare professionals organisations; notes furthermore that this document is used for assessing the organisations’ eligibility to participate in the dialogue with the Agency; recalls that the document also states that the organisations have to declare any conflict of interests at the start of the meetings through which the dialogue is commenced; further calls on the Agency to introduce a list of the patients´ organizations it is working with and to place it on its website, linking it to the funding sources of these organizations in order to enhance transparency;
Amendment 12 #
2014/2102(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the Agency's Management Board has endorsed thea revised the policy on the handling of declarations of interests of members of scientific committees and experts; regrets that the main loopholes, such as distinction between direct and indirect conflicts of interest, prevail, while the Agency takes into account mainly only direct conflict of interest; notes that the electronic declaration of interests form and the procedural guidance were to be finalised during 2014; calls on the Agency to inform the discharge authority on the outcomes as soon as they are available;
Amendment 16 #
2014/2102(DEC)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Regrets that the policies on proactive publication of clinical trial data recently adopted by the Agency go against the transparent provisions of the Clinical Trials Regulation endorsed by the European Parliament by allowing companies to redact data based on potential jeopardy of commercial interests; calls on the Agency to report to the discharge Authority on this issue;
Amendment 1 #
2014/2101(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2013;
Amendment 4 #
2014/2101(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2013 / Postpones the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2013;
Amendment 1 #
2014/2100(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2100(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2013 / Postpones the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2013;
Amendment 1 #
2014/2099(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 3 #
2014/2099(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Environment Agency for the financial year 2013 / Postpones the closure of the accounts of the European Environment Agency for the financial year 2013;
Amendment 7 #
2014/2099(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges from the Agency that in 2014, it offered detailed explanations and training to the beneficiaries regarding the criteria for eligibility of costs, and in particular, the acceptable methodologies for calculating staff costs, all described in a written manual; notes furthermore that the Agency conducted four on-the-spot verifications, with the objective of verifying the calculation of the claimed costs based on relevant documentation and analysing the reliability of the internal control systems put in place; takes note that the verifications included checking the payments made in 2013, which covered 20,45 % of beneficiaries' total staff costs and that 0,12 % of the controlled costs were considered as ineligible; calls however on the Agency to further improve the level of its ex ante verifications to ensure the eligibility of beneficiaries and to inform the discharge authority on further progress in this regard;
Amendment 1 #
2014/2090(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2013;
Amendment 1 #
2014/2090(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers, in general, that the EMCCDDA should pay particulagreater attention to ensuringthe principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using its appropriations economically, efficiently and effectively in the performance of its dutiescarrying out its remit.
Amendment 3 #
2014/2090(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013 / Postpones the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013;
Amendment 7 #
2014/2090(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges from the Centre that it has reviewed its policy on the prevention and management of conflicts of interests in line with the Commission’s guidelines; notes that the revised policy was approved by the Centre’s Management Board at its meeting of 4 and5 December 2014; looks forward toawaits the publication of declarations of interests of the Management Board, senior management and the Director;
Amendment 2 #
2014/2089(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2013;
Amendment 5 #
2014/2089(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013 / Postpones the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013;
Amendment 1 #
2014/2088(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2013;
Amendment 3 #
2014/2088(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013 / Postpones the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013;
Amendment 1 #
2014/2087(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2013;
Amendment 3 #
2014/2087(DEC)
Proposal for a decision 2
Paragraph 2
Paragraph 2
2. Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2013 / Postpones the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2013;
Amendment 5 #
Amendment 7 #
2014/2087(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the exemplary measures taken by the Centre with regard to cost- effective and environment-friendly solutions; encourages the Centre to continue in this good practice;
Amendment 1 #
2014/2086(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest ('whistleblowing'),
Amendment 37 #
2014/2086(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Is concerned by the delayed adoption of the internal whistleblowing rules; calls on the EEAS to implement these without further delay.
Amendment 1 #
2014/2085(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest ('whistleblowing'),
Amendment 2 #
2014/2085(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers, in general, that the European Data Protection Supervisor should pay greater attention to the principle of sound financial management in respect of the budgetary principle of annuality, i.e. to using appropriations economically, efficiently and effectively in carrying out his remit.
Amendment 8 #
2014/2085(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Is concerned by the delayed adoption of the internal whistleblowing rules; calls on the Supervisor to implement these without further delay;
Amendment 2 #
2014/2083(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest (‘whistle-blowing’),
Amendment 23 #
2014/2083(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is concerned by the delayed adoption of the internal whistle-blowing rules; calls on the Committee to implement these without further delay.
Amendment 1 #
2014/2082(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest (‘whistle-blowing’),
Amendment 17 #
2014/2082(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is concerned by the delayed adoption of the internal whistle-blowing rules; calls on the EESC to implement these without further delay.
Amendment 1 #
2014/2080(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest ('whistleblowing'),
Amendment 22 #
2014/2080(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Is concerned by the delayed adoption of the internal whistleblowing rules; calls on the Court of Justice to implement these without further delay;
Amendment 1 #
2014/2079(DEC)
Proposal for a decision 1
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest ('whistleblowing'),
Amendment 10 #
2014/2079(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned by the delayed adoption of the internal whistleblowing rules; calls on the Council to implement these without further delay.
Amendment 1 #
2014/2078(DEC)
Proposal for a decision 1
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Decision of the European Ombudsman closing her own- initiative inquiry OI/1/2014/PMC from 26 February 2015 on internal rules concerning disclosure in the public interest ('whistleblowing'),
Amendment 5 #
2014/2078(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;
Amendment 22 #
2014/2078(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes with concern the decline in turnout in the 2014 European elections to 42,54 % (2009: 43 %), in spite of the considerable efforts made to reinforce Parliament's institutional election campaign, which cost EUR 17 800 000 over the period 2013 to 2014; encourages the Parliament to adopt a new strategy aiming at increasing the attractiveness of the European elections in the Member States;
Amendment 38 #
2014/2078(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that Members must be more transparent about the on-the-side activities they do while in public office; recalls, however, that Members, similarly to Members of national parliaments, do not have an exclusive mandate and may therefore exercise other professional activities; is of the opinion that a more comprehensive declaration template for Members publicly available online in a digital form would help to increase transparency and accountability and avoid potential conflicts of interests;
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 86 #
2014/2078(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Expresses concern that the number of local assistants employed per Member varied greatly between zero and 43 in 2013; asks for the enhancement of recruitment procedures of local assistants; urges the Parliament to ensure increased transparency with regard to employment of local assistants and service providers;
Amendment 89 #
2014/2078(DEC)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Is concerned by the delayed adoption of the internal whistleblowing rules; calls on the Parliament to implement these without further delay;
Amendment 5 #
2014/2075(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the fact that the External Borders Fund has helped to foster financial solidarity; criticises, despite this, the fact that further EU added value was limited and the overall result could not be measured due to weaknesses in the responsible authorities’ monitoring and serious deficiencies in the ex post evaluations conducted by the Commission and the Member States; points out that there is considerable scope for improvement in terms of project selection and public procurement; encourages the Commission to ensure strengthened support to Frontex operations.
Amendment 2 #
2014/2040(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the Area of Freedom, Security and Justice entered into a new phase following the adoption of the strategic guidelines at the European Council of 26-27 June 2014; underlines that the implementation of the guidelines could entail, in some very specific areas, the need to reinforce the financial means allocated to those areas; underlines that, in this event, the already allocated resources should not be put under pressure and expects the Commission to bring forward concrete proposals if a financial reinforcement is needed during 2015;
Amendment 19 #
2014/2040(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is disappointed by the decrease of the budget dedicated to EMCDDA as the Centre will have to deal with the possible adoption of the Regulation on new psychoactive substances (2013/0305 (COD)), which provides for additional tasks for the Centre;
Amendment 21 #
2014/2040(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Deplores that the Commission still has not provided sufficient evidence to implement the European Public Prosecutor's Office at Eurojust with no additional means; insists that every additional task of an Agency must be reflected in its budget;
Amendment 95 #
2014/0408(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to monitor and evaluate the effectiveness of this Directive, there is a need for collection of data by the Member States with regard to the implementation of the rights set out in this Directive. Relevant data include data recorded by the judicial authorities and by law enforcement authorities and, as far as possible, administrative data compiled by healthcare and social welfare services as regards the rights set out in this Directive, in particular in relation to the number of children given access to a lawyer, the number of individual assessments carried out, the number of interviews audio- visually recorded and the number of children deprived of liberty.
Amendment 96 #
2014/0408(COD)
Proposal for a directive
Recital 34
Recital 34
(34) This Directive upholds the fundamental rights and principles as recognised by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, including the prohibition of torture and inhuman and degrading treatment, the right to liberty and security, respect for private and family life, the right to the integrity of the person, the rights of the child, integration of persons with disabilities, the right to an effective remedy and to a fair trial, the presumption of innocence and the rights of defence. This Directive should be implemented in accordance with those rights and principles.
Amendment 128 #
2014/0408(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. TWhether or not the child has previously come to the attention of competent authorities in the context of criminal proceedings, the extent and detail of the individual assessment may vary depending. It may depend, in particular on the circumstances of the case, the seriousness of the alleged offence and the penalty which will be imposed if the child is found guilty of the alleged offence, whether or not the child has previously come to the attention of competent authorities in the context of criminal proceedings.
Amendment 175 #
2014/0408(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Through their public services or by funding child support organisations, Member States shall encourage initiatives enabling those providing children with support and restorative justice services to receive adequate training to a level appropriate to their contact with children and observe professional standards to ensure such services are provided in an impartial, respectful and professional manner.
Amendment 36 #
2014/0255(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Carry-over may occur during production, processing, storage and transport of feed where the same production and processing equipment, storage facilities or means of transport are used for feed with different components. For the purposes of this Regulation, the concept of ‘"carry-over’" is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non-target feed, while the term ‘"cross-contamination’" is to be considered as a contamination resulting from a carry- over or from the transfer in feed of any unintended substance. Carry-over of active substances contained in medicated feed to non-target feed should be avoided or kept as low as possible. In order to protect animal health, human health and the environment, maximum levels of carry- over for active substances contained in medicated feed should be established, based on a scientific risk assessment performed by the European Food Safety Authority and taking into account the application of good manufacturing practice and the ALARA (As Low As Reasonably Achievable) principle. General limits should be set out in this Regulation, taking into account the unavoidable carry-over and the risk caused by the active substances concerned.
Amendment 41 #
2014/0255(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Carry-over of active substances contained in medicated feed to non-target feed should be avoided or kept as low as possible. In order to protect animal health, human health and the environment, maximum levels of carry- over for active substances contained in medicated feed should be established, based on a scientific risk assessment performed by the European Food Safety Authority and taking into account the application of good manufacturing practice and the ALARA (As Low As Reasonably Achievable) principle. General limits should be set out in this Regulation, taking into account the unavoidable carry-over and the risk caused by the active substances concerned.
Amendment 29 #
Amendment 32 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. CEPOL shall support, develop and coordinate training for law enforcement officers, in line with the Law Enforcement Training Scheme, in particular in the areas of the fight against serious crime affecting two or more Member States and terrorism, management of high-risk public order and sports events, planning and command of Union missions, as well as law enforcement leadership and language skills, in order to:. Activities of CEPOL shall raise awareness and knowledge of international and Union instruments on law enforcement cooperation, Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role and judicial aspects of law enforcement cooperation.
Amendment 33 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 38 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 39 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 40 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 41 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 42 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 44 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 45 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 46 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 47 #
2014/0217(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Activities of CEPOL shall raise awareness and knowledge of international and Union instruments on law enforcement cooperation, Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role and judicial aspects of law enforcement cooperation.
Amendment 48 #
2014/0217(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. CEPOL shall prepare multi-annual strategic training needs analyses and multi-annual learning programmein particular: (a) encourage the development of regional and bilateral cooperation among Member States and between Member States, Union bodies and third countries; (b) address specific criminal or policing thematic areas where training at Union level can add value; (c) devise specific common curricula for law enforcement officers to train them for participation in Union missions; (d) support Member States and Union bodies in law enforcement capacity- building activities in third countries; (e) train trainers and assist in improving and exchanging good learning practices; (f) promote law enforcement leadership and language skills.
Amendment 50 #
2014/0217(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. CEPOL may engage in communication activities on its own initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 51 #
2014/0217(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a CEPOL shall prepare multi-annual strategic training needs analyses and multi-annual learning programmes.
Amendment 52 #
2014/0217(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4b CEPOL shall develop and regularly update learning tools and methodologies and apply these in a lifelong learning perspective to strengthen the skills of law enforcement officers. CEPOL shall evaluate the results of these actions with a view to enhancing the quality, coherence and effectiveness of future actions.
Amendment 53 #
2014/0217(COD)
Proposal for a regulation
Article 4 c (new)
Article 4 c (new)
Article 4c CEPOL shall bring together Member States’ training institutes for law enforcement officers in order to create a network. It shall liaise with a single National unit in each Member State functioning within the network, and all other competent authorities in the Member States whose tasks include the training of law enforcement officers.
Amendment 54 #
2014/0217(COD)
Proposal for a regulation
Article 4 d (new)
Article 4 d (new)
Article 4d The learning activities referred to in Article 3 (1) shall be implemented by CEPOL in cooperation with the network of training Institutes of the Member States in accordance with the financial rules applicable to CEPOL.
Amendment 62 #
2014/0217(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the powers of the Commission and the Management Board, tThe Executive Director shall be independent in the performance of the duties and shall neither seek nor take instructions from any government nor from any other body.
Amendment 63 #
2014/0217(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall report to the European Parliament on the performance of the duties when invited to do so. Turopean Parliament or the Council may inviterequest the Executive Director to report on the performance of his/her duties.
Amendment 64 #
2014/0217(COD)
Proposal for a regulation
Article 14 – paragraph 5 – introductory part
Article 14 – paragraph 5 – introductory part
5. The Executive Director shall be responsible for the implementation of the tasks assigned to CEPOL by this Regulation. I, in particular, the Executive Director shall be responsible for:
Amendment 17 #
2014/0176(COD)
Proposal for a directive
Recital 7
Recital 7
(7) To overcome those problems, this Directive should ensure the proper functioning and development of the internal market for high resolution satellite data and. This Directive should also ensure the proper functioning and development of the internal market for derivative products and services by establishing a transparent, fair and consistent legal framework across the Union. The approximation of the Member States' legislation in the field of dissemination of high resolution satellite data to ensure coherence as regards of the procedures to control its dissemination should reduce bureaucratic barriers for industry and ease the compliance with legislative requirements. This Directive will enhance business predictability as there would be clearer conditions for the establishment and operation of businesses.
Amendment 19 #
2014/0176(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to introduce a common Union standard for high resolution satellite data a definition of high resolution satellite data should be provided for which is based on the technical capabilities of the Earth observation system, of its sensors and of the sensor modes which are used to generate the Earth observation data. The technical capabilities of the Earth observation system, its sensors and sensor modes that should be taken into account, are the spectral resolution, the spectral coverage, the spatial resolution, the radiometric resolution, the temporal resolution and the positional accuracy. The definition should be based on the availability of similar Earth observation data on the global markets and should be based on the potential prejudice to the interests, including internal and external security interests, of the Union or of the Member States which can derive from the dissemination of the Earth observation data. This definition also allows the identification of Earth observation satellite data other than high resolution data and is the basis for guaranteeing the free circulation for this data based on the fact that they do not have the potential to cause prejudice to the abefore-mentioned interests.
Amendment 25 #
2014/0120(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To respect Member States’ existing traditions of company law, flexibility should be afforded to them as regards the manner and extent to which they wish to apply harmonised rules governing the formation and operation of SUPs. Member States may apply Part 2 of this Directive to all single-member private limited liability companies so that all such companies would operate and be known as SUPs. Alternatively, they should provide for the establishment of an SUP as a separate company law form which would exist in parallel with other forms of single-member private limited liability company provided for in national law.
Amendment 29 #
2014/0120(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States may apply Part 2 of this Directive to all single-member private limited liability companies so that all such companies would operate and be known as SUPs.
Amendment 30 #
2014/0120(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Alternatively, they should provide for the establishment of an SUP as a separate company law form which would exist in parallel with other forms of single-member private limited liability company provided for in national law.
Amendment 59 #
2014/0120(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The use of the template of articles of association should be required if the SUP is registered electronically. If another form of registration is allowed by national law, the template does not have to be used, but the articles of association need to comply with the requirements of the Directive. The minimum capital required for the formation of a single-member private limited liability company varies among the Member States. Most Member States have already taken steps towards abolishing the minimum capital requirement or keeping it at a nominal level. The SUPs should not be subject to a high mandatory capital requirement, since this would act as a barrier to their formation. Creditors, however, should be protected from excessive distributions to single-members, which could affect the capacity of an SUP to pay its debts. Such protection should be ensured by the imposition of minimum balance sheet requirements (liabilities not exceeding assets) and the solvency statement prepared and signed by the management body. There should be no further restrictions placed on the use of capital by the single-member.
Amendment 61 #
2014/0120(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Most Member States have already taken steps towards abolishing the minimum capital requirement or keeping it at a nominal level. The SUPs should not be subject to a high mandatory capital requirement, since this would act as a barrier to their formation. Creditors, however, should be protected from excessive distributions to single-members, which could affect the capacity of an SUP to pay its debts. Such protection should be ensured by the imposition of minimum balance sheet requirements (liabilities not exceeding assets) and the solvency statement prepared and signed by the management body. There should be no further restrictions placed on the use of capital by the single-member.
Amendment 80 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The coordination measures provided for in this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to: the types of company listed in Annex I. It is also relating to Societas Unius Personae (SUP) referred to in Article 6.
Amendment 82 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 86 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Amendment 145 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall ensure that a company shall not become an SUP unless: a resolution of its shareholders is passed or a decision of its single-member is taken authorising the conversion of the company into an SUP and its articles of association comply with the applicable national law.
Amendment 146 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 147 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 148 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 149 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that a company shall not become an SUP unless its net assets are at least equivalent to the amount of its subscribed share capital plus those reserves which may not be distributed according to its articles of association.
Amendment 234 #
2014/0120(COD)
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1
Article 22 – paragraph 6 – subparagraph 1
A natural person who is disqualified by either the law or a judicial or administrative decision of the Member State of registration cannot serve as a director. I and if the director has been disqualified by a judicial or administrative decision taken in another Member State and this decision remains in force, the decision must be disclosed upon registration in accordance with Article 13. A Member State may refuse, as a matter of public policy, the registration of a company if a director is the subject of an outstanding disqualification in another Member State.
Amendment 235 #
2014/0120(COD)
Proposal for a directive
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6a. A Member State may refuse, as a matter of public policy, the registration of a company if a director is the subject of an outstanding disqualification in another Member State. Where, for the purposes of this paragraph, Member States need to have recourse to administrative cooperation between them, they shall apply Regulation (EU) No 1024/2012.
Amendment 457 #
2014/0091(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Without prejudice toConcerning the national social and labour law on the organisation of pension systems, including compulsory membership and the outcomes of collective bargaining agreements, Member States shall allow undertakings located within their territories to sponsor institutions which propose to or carry out cross-border activity. They shall also allow institutions authorised in their territories to carry out cross-border activity by accepting sponsorship by undertakings located within the territories of any Member State.
Amendment 48 #
2013/0409(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. In such situations, it would be unreasonable to require that the competent authorities ensure all the rights under this Directive. Where the law of a Member State provides in respect of minor offences that deprivation of liberty cannot be imposed as a sanction, this Directive should therefore apply only to the proceedings before a court having jurisdiction in criminal matters.
Amendment 59 #
2013/0409(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, Member States may provide in their legislation for the possibility to limit granting provisional legal aid to cases where this is required by the interests of justice. Whether this is the case shall be assessed by the competent authorities without undue delay upon the deprivation of liberty and at the latest before questioning.
Amendment 93 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Without prejudice to the right to a fair trial, in respect of minor offences: (a) where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or (b) where deprivation of liberty cannot be imposed as a sanction; this Directive shall only apply to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.
Amendment 119 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, and when this is not proportionate taking into account the interests of justice, paragraphs 1 and 2 shall not apply.
Amendment 71 #
2013/0407(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant case law of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons.
Amendment 74 #
2013/0407(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons. In the current state of development of national legislations and of case law at national level and at the level of the Court of Justice it is premature to legislate at Union level on the right to be presumed innocent of legal persons. Protection of the right of legal persons to be presumed innocent should be ensured by the existing legislative safeguards and case law, the evolution of which in the future should determine an assessment of the need for Union action.
Amendment 77 #
2013/0407(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 80 #
2013/0407(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 99 #
2013/0407(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Any compulsion used to compel the suspect or accused person to provide information should be limited. To determine whether the compulsion did not violate those rights, the following should be taken into account, in the light of all circumstances of the case: the nature and degree of compulsion to obtain the evidence, the weight of the public interest in the investigation and punishment of the offense at issue, the existence of any relevant safeguards in the procedure and the use to which any material so obtained is put. However, the degree of compulsion imposed on suspects or accused persons with a view to compelling them to provide information relating to charges against them should not destroy the very essence of their right not to incriminate one-self and their right to remain silent, even for reasons of security and public order.
Amendment 100 #
2013/0407(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The degree of compulsion imposed on suspects or accused persons with a view to compelling them to provide information relating to charges against them should not destroy the very essence of their right not to incriminate one-self and their right to remain silent, even for reasons of security and public order.
Amendment 165 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. "Law enforcement or judicial authorities" refer to public authorities which, according to national law, exercise powers in the realm of criminal proceedings.
Amendment 53 #
2013/0255(APP)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the Chambers should play a leading role in monitoring investigations and in the prosecutions and not limit theirs activities to mere, particularly they should carry out functions of coordination, but should supervise the work of the European Delegated Prosecutors in the field;they could also a posteriori review negative decisions to dismiss the case or not to investigate or prosecute. However, they should not in principle interfere with the pending criminal proceedings in pre-trial stage and should not give any specific operational instructions.
Amendment 54 #
2013/0255(APP)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned overWelcomes the automatic link between a European Prosecutor in the central Office and a case lodged in his or her Member State, because this could lead to evident shortcomings in terms of the independence of the prosecutors and the even distribution of the cases;guarantee the necessary knowledge, experience and expertise of the national law enforcement systems. In such a setting European Prosecutor could supervise the work of the European Delgated Prosecutors in the field. However, the problem of uneven distribution of cases for supervision should be tackled, e.g. also with the help of EPPO personnel in the central office.
Amendment 56 #
2013/0255(APP)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 37 #
2013/0157(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Having the necessary equipment at his disposal should imply that the provider of the port service owns, rents or leases it and that in any case it has a direct and indisputablebeyond doubt control of the equipment, in order to ensure that it can use such equipment whenever needed.
Amendment 65 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services, but. On the other hand Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 66 #
2013/0157(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Financial relations between seaports which receive public funds and providers of port services on the one hand, and public authorities on the other should be made transparent in order to ensure a level playing field and to avoid market distortions. In this respect, this Regulation extends to other categories of addressees the principles of transparency of financial relations as set out in Commission Directive 2006/111/EC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings12 without prejudice shall be according to its scope. __________________ 12 OJ L 318, 17.11.2006, p.17. OJ L 318, 17.11.2006, p.17.
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 222 #
2011/0023(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 57 years, after which the data must be permanently deleted, the data must be anonymised after a very short periodmasked out after 6 months, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required toit must be ensured that an independent national supervisory authority isand in particular its Data Protection Officer are responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 612 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers and non- carrier economic operators to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 30 day6 months after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 628 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 day6 months after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fiseven years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked out PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.