270 Amendments of Péter NIEDERMÜLLER related to 2018/2044(INI)
Amendment 3 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive (EU) 2017/541 of the European Parliament and the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA,
Amendment 5 #
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the European Parliament resolution of 5 October 2017 on prison systems and conditions (2015/2062(INI)),
Amendment 6 #
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to the European Parliament resolution of 3 May 2018 on media pluralism and media freedom in the European Union (2017/2209(INI)),
Amendment 7 #
Motion for a resolution
Citation 3 d (new)
Citation 3 d (new)
- having regard to the European Parliament resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (2017/2125(INI)),
Amendment 8 #
Motion for a resolution
Citation 3 e (new)
Citation 3 e (new)
- having regard to the European Parliament resolution of 30 May 2018 on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime(2016/2328(INI)),
Amendment 9 #
Motion for a resolution
Citation 3 f (new)
Citation 3 f (new)
- having regard to the European Parliament resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations (2015/2063(INI)),
Amendment 10 #
Motion for a resolution
Citation 3 g (new)
Citation 3 g (new)
- having regard to the Opinion of the European Committee of the Regions – Combatting radicalisation and violent extremism: prevention mechanisms at local and regional level,
Amendment 11 #
Motion for a resolution
Citation 3 h (new)
Citation 3 h (new)
- having regard to the Council of Europe Convention on the Prevention of Terrorism,
Amendment 12 #
Motion for a resolution
Citation 3 i (new)
Citation 3 i (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 13 #
Motion for a resolution
Citation 3 j (new)
Citation 3 j (new)
- having regard to the European Court of Auditors Special report Tackling radicalisation that leads to terrorism: the Commission addressed the needs of Member States, but with some shortfalls in coordination and evaluation,
Amendment 14 #
Motion for a resolution
Subheading -1 (new)
Subheading -1 (new)
-1 Fundamental rights
Amendment 15 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas counter-terrorism measures and the protection of freedoms are not conflicting goals, but complementary and mutually reinforcing;
Amendment 16 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas the Union is founded on the values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms, as well as on the principles of democracy and the rule of law; whereas acts of terrorism constitute one of the most serious violations of these universal values and principles;
Amendment 17 #
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas the EU should do the utmost possible to guarantee the wellbeing of its citizens who are endangered by terrorists; whereas Article 6 of the Charter of Fundamental Rights enshrines both the right to liberty and the right to security, which complement each other; so that wherever measures are taken to combat terrorism, the right to liberty must be safeguarded in all cases; whereas Article 10 of the Charter of Fundamental Rights ensures the right to freedom of thought, conscience and religion;
Amendment 18 #
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c whereas the Charter of Fundamental Rights prohibits discrimination on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; and recognises the right of people with disabilities to benefit from measures to ensure their independence, social and occupational integration, and participation in the life of the community; whereas the rights of persons with disabilities in the EU are also protected by the UN Convention on the Rights of Persons with Disabilities;
Amendment 22 #
Motion for a resolution
Recital A
Recital A
A. whereas the security of one Member State is the security of all in the Union; whereas in the last two years the EU and the Member States have made progress in countering the threats posed by terrorism which require a holistic approach, articulating internal and external security and national and European coordination;
Amendment 27 #
Motion for a resolution
Recital B
Recital B
B. whereas national security is the sole responsibility of the Member States as laid down in Article 4(2) TEU and Article 73 TFEU but the European Union also has a necessary role to play in promoting the respect of democratic values including the rule of law and fundamental rights;
Amendment 41 #
Motion for a resolution
Recital E
Recital E
E. whereas the diverse landscape of regional, national, EU and international actors in the field of terrorism with overlapping competences and insufficiently delineated mandates, the multitude of formal and informal fora for cooperation and exchange of information, as well as the division of competences between the different regional and national agencies, between law enforcement services and intelligence services and between the EU and the Member States, may give rise to difficulties with regard to the coordination and coherence of the response to the terrorist threat;
Amendment 46 #
Motion for a resolution
Recital F
Recital F
Amendment 48 #
Motion for a resolution
Recital F
Recital F
F. whereas the Commissioner for Security Union is a valued actor in joining up the Commission’s policy development, implementation, monitoring and evaluation; whereas the establishment of the position of Commissioner for Security Union policies signals the EU’s commitment to encouraging cooperation between Member States on issues of internal security while fully respecting the status of these matters as national competencies as laid down in the Treaand external security as well as to harmonise counter-terrorism legislation and ensure better cooperation between law enforcement and judicial authorities;
Amendment 59 #
Motion for a resolution
Recital G
Recital G
G. whereas of 88 legally binding counter-terrorism measures proposed from September 2001 to summer 2013 only a quarter were subject to impact assessments and only three to public consultation and in general the lack of public consultations and ex ante assessments were not compensated by ex post reviews or evaluations; whereas this ratio has improved in recent years and the most recent initiatives presented by the Commission in 2017 and 2018 were accompanied by the necessary justification; whereas with the Agenda on Better Regulation adopted in 2015 the Commission has also strengthened its policy on stakeholder consultation; whereas counter-terrorism measures have higher legitimacy and effectiveness when human rights organisations are involved in the policy-making phase;
Amendment 63 #
Motion for a resolution
Recital H
Recital H
H. whereas the Commission’s Comprehensive Assessment of EU Security Policy mentioned incomplete implementation as onwell as the need to support Member States’ actions (risk assessment methodology, CBRN and soft target protection, crisis management) as some of the main challenges of the Security Union; whereas implementation is flawed without assessing the social and security impacts of internal and external action policies, namely in their cohesion and consistency with the purpose of countering terrorism and deterring the recruitment of terrorists;
Amendment 65 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the EU established in common position 2001/931/CFSP a list of persons, groups and entities involved in terrorist acts and subject to restrictive measures, namely the freezing of funds and other financial assets, as well as enhanced measures related to police and judicial cooperation in criminal matters;
Amendment 69 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas counter-terrorism legislation must never reduce or restrict the Union acquis on procedural rights;
Amendment 73 #
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member Stateterrorism has existed for many years across the world; whereas Europol reports thave suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or Al- Qaedat religious extremist- inspired attacks account for the highest number of casualties in recent years in EU Member States; whereas ethno-nationalist attacks account for the highest number of attacks; whereas far right, and far left and ethno-nationalist separatist extremismextremist violence are also matters of concern;
Amendment 77 #
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member States have suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or, Al-Qaeda and Hezbollah; whereas far right, far left and ethno- nationalist separatist extremism and state-sponsored terrorism are also matters of concern;
Amendment 88 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas white supremacist and white nationalist groups promoting their singular message pose challenges to integration and further the extremist ideology;
Amendment 97 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the cross-border aspects of the terrorist threat call for a coordinated EU approach by offering cooperation and assistance in the form of capacity-building in third-countries;
Amendment 102 #
Motion for a resolution
Recital L
Recital L
L. whereas there hasmay been a change of strategy since the military collapse of Daesh in its territory, with a decline in numbers of those travelling to Syria and Iraq for terrorist purposes and jihadists and ‘sleeper-cells’ inside the EU being encouraged to carry out attacks in their home countries;
Amendment 105 #
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaedalarge scale international terrorist organisations are financially self- reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas EU Member States often underestimate the security threat by not effectively enforcing Anti-Money Laundering/Countering Financing of Terrorism EU directives and by not reforming the EU VAT system to prevent exploitation by terrorists and other organised crime; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following itsof large scale international territorial collapse in Syria and Iraqst organisations;
Amendment 107 #
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaeda are financially self-reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following its territorial collapse in Syria and Iraq; whereas Hezbollah receives substantial funding from its patron, the Islamic Republic of Iran, and funds itself through donations, including from its supporters in Europe, as well as drug trafficking and other illicit activities;
Amendment 112 #
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaeda are financially self-reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following its territorial collapse in Syria and Iraq; whereas these international terrorist organisations are often supported by state actors;
Amendment 117 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas repressive governance, failing social and economic conditions, such as high unemployment, inadequate education systems and sectarian domestic and foreign policy agendas in a number of countries of the Middle East and North Africa region created fertile ground for radicalisation and contributed to the terrorist threat;
Amendment 119 #
Motion for a resolution
Recital N
Recital N
N. whereas terrorists continue to use small arms and explosives and have increasingly resorted to ad hoc weapons such as vehicles, trucks and knifes; whereas recent attacks have been prepared thoroughly or carried out spontaneously by individuals weaponising common tools in low cost attacks against “soft targets”, aiming to cause a maximum number of random casualties among civilians;
Amendment 130 #
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalis, rehabilitation and social reintegration; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 141 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas perpetrators of terrorist attacks in the EU very often include EU nationals, often second or third generation migrants, who have grown up in the Member States which they have attacked, as well as foreigners who may in some cases have resided for a significant time in the Member State targetare mainly EU nationals, who have been radicalised in the Member States which they have attacked;
Amendment 148 #
Motion for a resolution
Recital R
Recital R
Amendment 152 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas the percentage of suspects of terrorism has been close to zero among migrants and refugees who have been arriving in the EU, according to FRONTEX, EUNAVFOR/MED Sophia and other European security agencies;
Amendment 156 #
Motion for a resolution
Recital S
Recital S
S. whereas the flow of illegalsocial and cultural integration of migrants and refugees poses challenges to integration, which have already been exploited by extremists and could be further exploited in the futureEuropean societies and requires reinforced, specific and directed investment towards social inclusion, so that feelings of exclusion or alienation may not be exploited by extremists and terrorist recruiters;
Amendment 162 #
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction; whereas the EU needs to strengthen its cybersecurity policy with more cooperation between the Member States in order to face this evolving challenge; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daeshterrorist groups hasve used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 168 #
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas Member States have different strategies to respond to hybrid and Chemical, Biological, Radiological and Nuclear-related threats and therefore different levels of preparedness;
Amendment 169 #
Motion for a resolution
Recital T b (new)
Recital T b (new)
T b. whereas the European Council on 28 June 2018 welcomed the Joint Communication on Europe’s Resilience to hybrid and Chemical, Biological, Radiological and Nuclear-related threats, to identify areas where action should be intensified in order to further deepen and strengthen the EU’s essential contribution to addressing these threats, as well as urging Member States and the Commission to work together to fully implement the CBRN Action Plan as a matter of urgency;
Amendment 173 #
Motion for a resolution
Recital U
Recital U
U. whereas populism-fuelled political discourse regarding or invoking the terrorist threat can lead to polarisation within society;ies aiming at undermining democracy, social cohesion, respect for fundamental rights and human rights globally, thus playing into the hands and aims of terrorist organisations.
Amendment 183 #
Motion for a resolution
Subheading 3
Subheading 3
Preventing and countering radicalisationviolent extremism
Amendment 187 #
Motion for a resolution
Recital V
Recital V
V. whereas the Radicalisation Awareness Network (RAN) Centre of Excellence offers an important platform for the exchange of best practices among practitioners and law enforcement authorities and has contributed to the gathering of important knowledge in the field of preventing and countering radicalisationviolent extremism;
Amendment 190 #
Motion for a resolution
Recital W
Recital W
W. whereas national strategies against radicalisation are importanta European strategy articulating national strategies against violent extremism is indispensable in terms of providing general frameworks for programmes at national and local level; whereas these strategies must be coherent and effective and must ensure sufficient financing for local authorities, vetted NGOs and civil society partnstakeholders so that these programmes can be implemented;
Amendment 196 #
Motion for a resolution
Recital X
Recital X
X. whereas experts highlight the positive experience offered by a multi- agency approach, focusing on creating infrastructures that ensure the provision of early-stage support to those vulnerable to radicalisation and their families from different authorities and organisations across multiple levels and emphasising the supportive role of the police, thus strengthening the relationship;
Amendment 198 #
Motion for a resolution
Recital Y a (new)
Recital Y a (new)
Y a. whereas measuring the effectiveness of preventive anti radicalisation actions is intrinsically difficult and requires close cooperation between the Commission, Member States, individual stakeholders and researchers as highlighted by an ECA special report;
Amendment 199 #
Motion for a resolution
Recital Y b (new)
Recital Y b (new)
Y b. whereas the promotion of social inclusion and active promotion of democratic values contribute to mitigate the risk of radicalisation through practical measures to address violent extremist ideologies, poverty, discrimination and marginalisation, including the prevention of early school leaving and school exclusion, enhancing equality, social cohesion and encouraging active citizenship;
Amendment 200 #
Motion for a resolution
Recital Z
Recital Z
Z. whereas several European funds and programmes can be used for projects countering and preventing radicalisation at the European, national, regional and local levels; whereas the EU budget up to 2020 allocates EUR 314 million for anti- radicalisation projects; whereas there is no continuous evaluation of the effectiveness of those programmes;
Amendment 207 #
Motion for a resolution
Recital AA
Recital AA
Amendment 214 #
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasinglyis present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes Europeandemocratic values, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 221 #
Motion for a resolution
Recital AC
Recital AC
Amendment 226 #
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas preventing radicalism starts already by striving for a more inclusive, more tolerant society, providing opportunities for minorities to learn and participate in the labour market, empower them to participate in our cultural and political life; whereas strong anti- discrimination policies are needed to avoid alienating communities;
Amendment 228 #
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas violent radicalisation has generally its roots in marginalisation, conflicts of identity, experiences of injustice, discrimination and social exclusion;
Amendment 229 #
Motion for a resolution
Recital AC b (new)
Recital AC b (new)
AC b. whereas some low-income neighbourhoods in European cities are facing mass unemployment, systematic breakdown in the rule of law and crime as well as poverty and discrimination, which are the breeding grounds for religious extremism and terrorism as they are able to offer the most vulnerable citizens a new meaning to their lives;
Amendment 230 #
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques receive opaque funding from third countries, many of whom are authoritarian and clerical regimes that do not align with the EU’s fundamental values;
Amendment 236 #
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques may receive opaque funding from third countries;
Amendment 240 #
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsteminors, including young children, armay be exposed to a learning content based on anti-European democratic values and violent content; whereas radicalextremist organisations laying the ground for terrorist recruitment often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 245 #
Motion for a resolution
Recital AF
Recital AF
AF. whereas Daesh’ssome large scale international terrorist groups have a sophisticated web communication strategy of marketing terrorism by glorifying it also offers alternative social and cultural opportunities to followers and design copied from the global ‘youth culture’ such as online gaming, and thus has a strong appeal to minors;
Amendment 254 #
Motion for a resolution
Recital AG a (new)
Recital AG a (new)
AG a. whereas several recent investigations have shown that the internet and namely social media can play a role as a driver of radicalisation leading to violent extremism as well as a tool for xenophobic groups to disseminate hate speech and illicit content especially among young people;
Amendment 259 #
Motion for a resolution
Recital AH a (new)
Recital AH a (new)
AH a. whereas combating radicalisation and violent extremism requires close and coordinated collaboration between all concerned actors, at all levels of governance (local, regional and national) as well as with civil society and the private sector;
Amendment 262 #
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, the re is a need to scale up the companies’ engagementmovals are often not complete; whereas the removals are often not complete, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive reporting by companies has to be improved is a need for a comprehensive and coordinated European approach in order to ensure consistency in policymaking and the resulting action, encompassing the fight against crime together with fundamental rights, privacy, data protection, cybersecurity, consumer protection and e- commerce, as well, an effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers(ISPs), internet host providers (IHPs), social media companies, the banking sector and NGO;
Amendment 269 #
Motion for a resolution
Recital AI
Recital AI
AI. whereas although majorsome progress has been made with regard to removal of online terrorist content, there is a need to scale up the companies’ engagement; whereas the removals are often not complete, nor timely or permanent, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive reporting by companies has to be improved;
Amendment 272 #
Motion for a resolution
Recital AI a (new)
Recital AI a (new)
AI a. whereas the removal of illegal content online must always be provided for by law, subject to initial judicial control and periodic review, set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is demonstrably necessary and proportionate and that users are informed of the reason for the restriction; whereas those safeguards shall also include the possibility of judicial redress;
Amendment 273 #
Motion for a resolution
Recital AI a (new)
Recital AI a (new)
AI a. whereas illegal online content should be removed immediately on the basis of due legal process; whereas the role of ICT, ISPs and IHPs in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority, as well as, the irrespective reporting responsibilities should be highlighted;
Amendment 282 #
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh isterrorist groups are increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support and sharing of best practices essential to enable, for example, the introduction of platform- agnostic automated tools, such as the database of hashhashing technologies which can identify online terrorist content with a high degree of accuracy;
Amendment 291 #
Motion for a resolution
Recital AK
Recital AK
AK. whereas prisons have become hothouses of extremism, incubatthe unique features of prison custody magnify and accelerate the threat of radicalisation of offenders, incubating and enabling terroristsm; whereas many of those serving prison sentences will soon be released back into their communities with particular reintegration needs and there are few resources to monitor their activities; whereas prison conditions can play a significant role in heightening or lessening risks of radicalisation;
Amendment 292 #
Motion for a resolution
Recital AK
Recital AK
AK. whereas prisons have become hothouses of extremism, incubating terrorists; whereas many of those serving prison sentences will soon be released back into their communities and there are few resources to monitor their activitiesers can be particularly vulnerable to radicalisation; whereas many radicalised inmates will soon be released back into their communities and monitoring of such high- risk offenders is extremely resource intensive for Member States security services as they are considered at high risk of re-offending; whereas prison conditions can play a significant role in heightening or lessening risks of radicalisation;
Amendment 296 #
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas an efficient penitentiary administration should receive adequate funding and staff to carry out its security and rehabilitation mission;
Amendment 297 #
Motion for a resolution
Recital AK b (new)
Recital AK b (new)
AK b. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters and can reduce the opportunities for rehabilitation;
Amendment 298 #
Motion for a resolution
Recital AK c (new)
Recital AK c (new)
AK c. whereas penitentiary system regimes shall fully respect freedom of religion allowing inmates to practice their religion assisted by approved and adequately trained representatives of such religion or beliefs;
Amendment 299 #
Motion for a resolution
Recital AK d (new)
Recital AK d (new)
AK d. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work especially when it comes to interaction with radicalised inmates;
Amendment 301 #
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data is an essential parin a democratic society the legality of any data retention scheme is not only determined by its necessity but also by its proportionality; whereas in its judgement ofn the investigative process; whereas police and judicial authorities usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the neannulment of Directive 2006/24/EC the CJEU stated that data retention legislation cannot be considered to be justified within a democratic society if it does not require there to be any relationship between the data which must be retained and a threat to public security, and in particular, is not restricted to retention in relation to (i) data pertaining to a particular time period and/or geographical area and/or a group of persons likely to be involved, in one way or another, in a serious crime, or (ii) persons who could, for other reasons, contribute, through their data being retained, to fighting crime; whereas in 2016, in joined cases C-203/15 and C- 698/15 of Tele2Sverige and Watson, the CJEU found that also national data retention schemes have to be assessed against the EU Charter of Fundamental Rights, as Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of12 July 2002 concerning the processityng of an appropriate data retention regime when it comes to the fight against terrorism was consistently raised during the work of the TERR Committeepersonal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as precluding national legislation which, for the purpose of fighting crime, provides for general and indiscriminate retention of and access to all traffic and location data of all subscribers and registered users relating to all means of electronic communication;
Amendment 312 #
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption by terrorists to protect their communications or stored data represents a considerableEuropean Parliament has repeatedly challenged for law enforcement, denying access to essential intelligence and evidence; whereasthe use of encryption becomes, particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communicationin the case of data in transit, and not to undermine efforts to create encryption standards;
Amendment 323 #
Motion for a resolution
Recital AN
Recital AN
AN. whereas there is a fragmented framework of existing systems, new systems in the process of development, proposals for future systems and proposals for reforms to address identified gaps and barriers still under negotiation; whereas this fragmented framework is the result of historical factors and a reactive approach in the proposal and adoption of new legislatione right balance needs to be struck between making the systems interoperable and the necessary fundamental rights safeguards once the necessity and proportionality of interoperability has been established;
Amendment 328 #
Motion for a resolution
Recital AO
Recital AO
AO. whereas data about information exchanges show that a small number of countriMember States are responsible for a large proportion of available content in and searches of EU databases;
Amendment 329 #
Motion for a resolution
Recital AP
Recital AP
AP. whereas there are a number of obstacles to the proper functioning of the information systems, such as a complete lack of or incomplete implementation, lack of knowledge of and/or sufficient training in the existing systems, and lack of sufficient resources or of an adequate material base and poor data quality in the information systems;
Amendment 335 #
Motion for a resolution
Recital AS
Recital AS
Amendment 336 #
Motion for a resolution
Recital AS
Recital AS
AS. whereas several pilot projects are being implemented with the aim of overcoming the disadvantages of a decentralised EU PNR system; whereas there is a need for a quick reply to requests from passenger information units (PIUs) of other Member States, which may prove challenging as they are processed manually;
Amendment 344 #
Motion for a resolution
Recital AU a (new)
Recital AU a (new)
AU a. whereas these proposals impact the fundamental rights of hundreds of millions of third-country nationals, particularly their right to data protection;
Amendment 347 #
Motion for a resolution
Recital AV
Recital AV
AV. whereas the Commission proposals will only apply to centralised systems, leaving national and decentralised systems out of their scope, and therefore constitute only a first step in creating a comprehensive framework of interoperable information systems; whereas within the territory of one Member State there may be a multitudenumber of separate decentralised databases at federal, regional and local level, with different data inputs in different systems and complex procedures - or none at all - for the sharing or checking of the data by the relevant authorities at the different levels;
Amendment 350 #
Motion for a resolution
Recital AW
Recital AW
AW. whereas the use of a common messaging format at EU level, such as a universal message format (UMF), will facilitate smoother exchange of data and information between parties within the scope of what is permissible under law and across interoperability systems; whereas establishing the need to use certain UMF fields for particular exchanges can contribute to the improvement of data quality in all of the systems across which messages are being exchanged; whereas the use of this common message format by Europol and Interpol should also be encouraged;
Amendment 352 #
Motion for a resolution
Recital AX
Recital AX
AX. whereas eu-LISA should establish automated data quality control mechanisms and procedures as well as common data quality indicators and minimum quality standards for data stored in the information systems; whereas the goal would be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions;
Amendment 364 #
Motion for a resolution
Recital AZ
Recital AZ
AZ. whereas adjusting the legal standards applying to information exchange between intelligence and law enforcement authorities is one of the main challenges that need to be addressed, especially since intelligence often concerns information on people who are not yet suspects in criminal investigations but belong to terrorist networks or are returning FTFs; whereas, however, this must not lead to any lowering of legal standards;
Amendment 384 #
Motion for a resolution
Recital BC
Recital BC
BC. whereas the UK government has expressed its intention of leaving the EU on 29 March 2019; whereas the EU and the UK are highly interdependent in the area of security and counter-terrorism; whereas both should be able to continue to share, collect and analyse vital operational intelligence ith regard to the UK having access to many EU systems and databases for exchange of information (SIS II, PNR, Europol database, ECRIS, Eurodac); whereas even though the UK has exercised its right to opt-out of measures in the Area of Freedom, Security and Justice, it currently participates in many key EU legal instruments in the area of judicial cooperation in criminal matters (for example, European arrest warrant, European protection order, European investigation order); whereas transitional arrangements with the UK and agreements on the future relationship should be found as regard all pending proceedings for implementation of that legislation; whereas the Withdrawal Agreement should ensure a smooth transition regime and avoid, to the extent possible, operational gaps or obstacles reducing the fight against serious crime on a level equivalent to the current oneEuropean Union’s capacity to effectively fight organised crime and terrorism; whereas at the same time, it should be stressed that any transitional arrangement cannot be more advantageous than full membership and any participation by the UK in those systems and databases will not be possible without applying simultaneously the same data protection rules as those laid down in EU data protection instruments;
Amendment 395 #
Motion for a resolution
Recital BD a (new)
Recital BD a (new)
BD a. whereas the Fundamental Rights Agency should review the proportionality and necessity of all Counter Terrorism legislation;
Amendment 406 #
Motion for a resolution
Recital BH
Recital BH
BH. whereas mutual legal assistance (MLA) mechanisms are progressively being replaced by mutual recognition instruments as the latter help improve cross-border cooperation between competent authorities within the EU by speeding up and streamlining the procedures; whereas the European Arrest Warrant (EAW) Decision and the European Investigation Order (EIO) Directive areis an examples of mutual recognition instruments that haves been found by practitioners to be useful; whereas no evaluation of the effectiveness of new adopted and applied instruments tackling the issue of evidence gathering, including e-evidence, like the application of Directive 2014/41/EU on the European Investigation Order, has been provided by the Commission;
Amendment 413 #
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation with online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence at the request of the responsible law enforcement authority and based on due legal process, given its importance for investigating terrorist offences;
Amendment 422 #
Motion for a resolution
Recital BL
Recital BL
BL. whereas the Schengen area without internal borders is only sustainable ifa fundamental achievement of the EU, whereby the external borders armust be effectively secured and protected and internal security measures are adopted to facethat in the field of internal security the risk of serious crimes are counteracted;
Amendment 437 #
Motion for a resolution
Recital BO
Recital BO
BO. whereas on the basis of Article 11 of Regulation (EC) 1168/2011 and the positive opinion of the European Data Protection Supervisor (EDPS), the European Border and Coast Guard Agency (EBCGA) is allowed to process personal data; whereas, however, EBCGA is experiencing difficulties in monitoring terrorism due to the short personal data retention period established by Regulation (EC) 2016/1624 that comprises only 90 days; whereas between Eurojust and EBCGA there is only a memorandum of understanding which includes the exchange of general, strategic and technical information but not the exchange of personal information; whereas there is need for a specific legal framework for EBCGA to process personal data in order to fulfil its tasks;
Amendment 459 #
Motion for a resolution
Recital BT
Recital BT
Amendment 465 #
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005; did not fully implement the EU Anti Money Laundering /Counter Terrorist Financing directives, and continue to allow anonymity of ultimate beneficiary owners of trusts, foundations and incorporated companies and bearer shares which facilitate hiding the origin and destination of financial flows and the ownership of economic activities that provide cover to the financing of terrorism and organized crime;
Amendment 469 #
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the 5th Anti-Money Laundering Directive will increase transparency about the ownership of companies and trusts to prevent money laundering and terrorist financing via opaque structures;
Amendment 480 #
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, non-profit organisations and small wire transfers arnd prepaid cards can be among the funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 483 #
Motion for a resolution
Recital BW
Recital BW
BW. whereas in certain countries with less developed banking systems the prevalent use of mobile banking services often makes it difficult to identify the beneficiaries of cash transfers; whereas such transfers of fu, despite highly developed banking systems, in EU Member States, money laundering for organized crime and the financing of terrorism continue to be enabled by under-resourced and fragmented implementation of EU Anti Money Laundering and Countering of Financing of Terrorism directives ands by means of mobile banking present high risks for terrorist financingthe lack of a European Financial Information Unit articulating and coordinating the AML/FCT fight under Europol and Eurojust;
Amendment 493 #
Motion for a resolution
Recital BX a (new)
Recital BX a (new)
BX a. whereas anonymity surrounding some cryptocurrencies is increasing their use for illegitimate activities such as terrorist financing, money laundering and tax evasion;
Amendment 494 #
Motion for a resolution
Recital BX b (new)
Recital BX b (new)
BX b. whereas FIUs play an important role in identifying the financial operations of terrorist networks, especially cross- border; whereas FIUs , in the exercise of their tasks, should have access to information and be able to exchange it, including through appropriate cooperation with law enforcement authorities; whereas it is essential to further enhance the effectiveness and efficiency of FIUs, by clarifying the powers of, and cooperation between, FIUs;
Amendment 495 #
Motion for a resolution
Recital BY
Recital BY
BY. whereas incidents involving critical infrastructure can have severe consequencfrom any disruption, namely terrorist attempts, must be a priority, since any incidents can have severe consequences for the security of European citizens and States across borders;
Amendment 498 #
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC in need of revision and updating indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and railway stations and also energy production facilities, with particular attention to nuclear power plants;
Amendment 501 #
Motion for a resolution
Recital CD
Recital CD
CD. whereas Member States need to organise more exercises in crisis response, including in third countries seeking their cooperation and upgrading of capacities;
Amendment 506 #
Motion for a resolution
Recital CE
Recital CE
CE. whereas the private sector should be involved in the protection of critical infrastructure and soft targets requires close public-private cooperation;
Amendment 520 #
Motion for a resolution
Recital CM
Recital CM
CM. whereas the most importangreatest problems regarding implementation include reaching all economic operators concerned due to their large number (retailers of household products)lack of awareness of the existing Regulation across the supply chain and enforcing the restrictions on internet sales, imports and intra-EU movements;
Amendment 524 #
Motion for a resolution
Subheading 15
Subheading 15
Illicit firearms traffickingweapons
Amendment 533 #
Motion for a resolution
Recital CS a (new)
Recital CS a (new)
CS a. whereas several recent attacks have been carried out with different types of knives;
Amendment 538 #
Motion for a resolution
Recital CT
Recital CT
CT. whereas the key regions in the EU’s neighbourhood, and more specifically the Balkans and North AfricaMENA, are facing important challenges such as those relating to foreign fighters and returnees management, as well as to home-grown radical cells;
Amendment 564 #
Motion for a resolution
Recital CY
Recital CY
CY. whereas there is an EU sanction system in the area of CT with three types of measures, which is implemented by the EEAS; whereas this system is incomplete and underused owing to procedural constraints and reluctance on the part of the Member States;
Amendment 570 #
Motion for a resolution
Recital CZ
Recital CZ
CZ. whereas in the 20-year period 1998- 2018, some 6 652 people were direct victims of terrorism across Europe, with 713 murdered and 5 939 injured; leaving thousands of families with post traumatic conditions affecting their long term wellbeing; whereas prior to 2001 most victims of terrorism were mainly attributable to the IRA and ETA. while since then the vast majority of deaths were as a result of Islamist terrorism;
Amendment 575 #
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaththe aftermath of terrorist attacks destroys families and leaves a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family and community, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 579 #
Motion for a resolution
Recital DB
Recital DB
DB. whereas victims of terrorism have a very specific status, and meeting their needs is not only a legal obligation under EU, international and national law but also a responsibility for the whole of our societies; whereas recent attacks in the EU have seen victims emanating from a high number of different Member States;
Amendment 588 #
Motion for a resolution
Recital DD
Recital DD
DD. whereas compensation for the victims of terrorism serves both as a form of recognition by society of the harm caused by the attack and as a means of financial support and restitution; whereas levels of compensation and procedures vary considerably among Member States aggravating conditions of perceived injustice and suffering for victims;
Amendment 589 #
Motion for a resolution
Recital DD a (new)
Recital DD a (new)
DD a. whereas support systems need to be set up in a way to ensure that cross- border victims as well are continuously and systematically accounted for and provided with support in their country while staying in touch with support providers in the country where the attack took place;
Amendment 595 #
Motion for a resolution
Subheading 18
Subheading 18
Amendment 597 #
Motion for a resolution
Recital DF
Recital DF
Amendment 604 #
Motion for a resolution
Recital DG
Recital DG
Amendment 612 #
Motion for a resolution
Recital DH a (new)
Recital DH a (new)
DH a. whereas any CT measures always have to fully guarantee all fundamental rights and principles, including those with regards to privacy and data protection, freedom of thought and expression as well as procedural safeguards, such as the presumption of innocence and the right to information; whereas, in order to ensure the respect of these rights and principles, any CT measure always has to be subject to the control of a judicial authority, ensuring that individuals dispose of effective remedies to challenge any violation of their fundamental rights, including the possibility of judicial redress;
Amendment 617 #
Motion for a resolution
Subheading 19 a (new)
Subheading 19 a (new)
Fundamental rights
Amendment 618 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between fundamental rights and security needs; takes view, given that one of the EU’s core aims is to promote freedom of the individual, that security measures, including counterterrorism measures, must be pursued through the rule of law and must be subject to fundamental rights obligations, including those relating to privacy and data protection;
Amendment 619 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Points out that the test of the necessity and proportionality of any measure that limits fundamental rights and freedoms needs to take into account the entire body of existing security measures targeting terrorism and serious crime;
Amendment 620 #
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Calls on the Member States to ensure that the necessary data protection safeguards are in place, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 621 #
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c Calls on all Member States to fully implement Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (police directive). Notes that a substantial number of Member States so far have failed to notify the Commission of any transposition measures regarding this directive although the deadline expired on 6 May 2018 and calls on the Commission to act against all those Member States in breach of their transposition obligation;
Amendment 622 #
Motion for a resolution
Paragraph -1d (new)
Paragraph -1d (new)
-1 d. Calls for legislation in the field of terrorism and national, regional and local response strategies for protection, resilience and response in case of an attack to take into account the specific needs and circumstances of vulnerable people such as disabled people and minors; further calls for the involvement of such people and their representative organisations in the decision-making that affects them;
Amendment 623 #
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1 e. Calls on the Commission and the Fundamental Rights Agency to examine the challenges that exist in this field and to identify best practices within the Member States which take into account the specific circumstances of vulnerable people such as people with disabilities and minors; calls on the Commission to encourage the exchange of best practices and to develop guidance in this respect;
Amendment 624 #
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1 f. Calls on Member States to introduce independent oversight mechanisms into counter terrorism and counter radicalisation measures to assess their impact on fundamental rights including on non-discrimination;
Amendment 625 #
Motion for a resolution
Paragraph -1 g (new)
Paragraph -1 g (new)
-1 g. Welcomes commitments made by the European Commission at the European Commission Colloquium on fundamental rights in October 2015 and in the frame of its High Level Group on Combatting Racism, Xenophobia and other forms of Intolerance. Recalls that all Member States shall diligently implement EU anti-discrimination law and take effective measures to address discrimination, hate speech and hate crimes. Recommends the adoption European standards for National Action Racism Plans, which would tackle, among others, Islamophobia;
Amendment 626 #
Motion for a resolution
Paragraph -1 h (new)
Paragraph -1 h (new)
-1 h. Calls on the Member States to ensure that the necessary data protection safeguards are in place, in accordance with the GDPR, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress;
Amendment 647 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 648 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 666 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work with the Member States towards more transparency and a common understanding of threat levels; calls on the Member States to swiftly transmit information on the change of the threat level and the rationale behind it; calls on the Commission and Member States not to restrict their view of terrorism as exclusively to jihadist issues, but to remain equally vigilant to other forms of terrorism mentioned in the Europol Te-Sat reports, as far-right, far- left, ethno-nationalist, separatist and single-issue terrorism;
Amendment 667 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work with the Member States towards more transparency and a common understanding of threat levels; calls on the Member States to swiftly transmit information on the change of the threat level and the rationale behind it; calls on the Commission and Member States not to restrict their view of terrorism as exclusively to jihadist issues, but to remain equally vigilant as regards other forms of terrorism mentioned in the Europol Te-Sat reports, such as the issue of far-right and far-left terrorism;
Amendment 680 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-up of the threat posed by returnees, and for this purpose invites Member States to share contextual information about returnees via Europol; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-riskassessing the threat posed by returnees;
Amendment 685 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular theo development of expertise, including that of a specialised risk and needs assessment tool for child returnees based on the stages of development of children and on their degree of involvement in criminal activities abroad. Rehabilitation programmes should be based on a multidisciplinary approach bringing together different expertise including experienced professionals, in the areas of trauma, extremism, child development, education and risk assessmentlegal matters related to children, child protection services, extremism, education and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon;
Amendment 694 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Encourages Member States to provide awareness training to practitioners who may interact with children returnees such as school teachers, social workers, members of sport or cultural organisations;
Amendment 697 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to revise and update the CBRN Action Plan and on Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including specialised detection vehicles and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 705 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the ongoing concern of interactions between terrorist organisations and organised crime especially in reference to logistic capacities and weapons trafficking which could enable large scale attacks;
Amendment 707 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Notes that the only viable solution to respond to a CBRN attack is to establish adequate stockpiles of medical countermeasures within the EU so that they can be distributed to victims and first responders quickly and effectively and therefore calls on Member States to establish national stockpiles in accordance with Article 24(5) of Directive 2017/541 on Combatting Terrorism;
Amendment 710 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Encourages Member States and the Commission to cooperate with the private sector in order to establish mechanisms that ensure a reliable, consistent and adequate supply of such medical countermeasures including potential use of the EU Joint Procurement Mechanism established by Decision 2013/1082 on serious cross- border threats to health;
Amendment 712 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 726 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Encourages Member States to identify neighbourhoods experiencing heavy difficulties based on social and economic quantitative and qualitative criteria and develop specific policies to support local authorities to promote inclusive measures; such policies are aimed at reducing the ability of terrorist groups to obtain financial resources from illegal activities, as well as to prevent recruitment for terrorist purposes;
Amendment 732 #
Motion for a resolution
Subheading 22
Subheading 22
Preventing and countering radicalisationviolent extremism
Amendment 733 #
Motion for a resolution
Subheading 23
Subheading 23
Structures for countering radicalisationviolent extremism
Amendment 740 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisationviolent extremism (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation and exchange of knowledge and good practices among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), as well as engagement with religious leaders or communities and relevant academics, experts and researchers in the area of preventing and countering radicalisationviolent extremism, exchange of best practices, lighthouse projects and training, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measur, measure and improve the effectiveness of programmes and projects;
Amendment 755 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the European Court of Auditor’s report of 2018 on deradicalisation found that the Commission does not maintain a complete overview of EU-funded measures, and that no indicators or targets for EU funds are used to measure to what extent the approach is successful; calls on the Commission to propose a new financial instrument in the forthcoming MFFensure that sufficient funding under the Internal Security Fund is earmarked for preventing and countering radicalisationviolent extremism, which would streamline resources currently fragmented across different funds and programmes and allow for better coordination and visibility as well as higher impact;
Amendment 757 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to adopt comprehensive national and regional strategies for preventing and countering radicalisation,violent extremism with adequate financial resources for communities and non-state actors at local level involved in the creation and implementation of programmes based on these strategies, and calls for a multi- agency approach; stresses that best results are achieved in partnership with local communities;
Amendment 760 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Emphasises that the best way to prevent violent extremism in general is to strive for an inclusive society based on tolerance and equality; calls on Member States to effectively combat against discrimination, hate speech and hate crimes;
Amendment 761 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recommends that security approaches be complemented by long- term policies to prevent radicalisation and recruitment of citizens of the Union by extremist organisations; calls for strategies on social inclusion, education, employment and housing and policies to tackle discrimination and exclusion in order to stop vulnerable individuals from joining violent extremist organisations as well as educating the general population about other cultures and traditions;
Amendment 764 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 767 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamentaldemocratic values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisationagainst violent extremism;
Amendment 776 #
Motion for a resolution
Subheading 24
Subheading 24
Radical Islaeligious extremism
Amendment 779 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU values; calls upon the Member States to make transparent the foreign funding of mosques and schools and to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 780 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and toleraguarantee the freedom of religion and the right to exercise it freely, as enshrined in the Charter only ‘practices of Islam’f Fundamental Rights, and in this context particularly also to encourage religious practices that are in full accordance with EUdemocratic values; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities;
Amendment 800 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist anwork with communities to identify hate preachers; calls on the Commission to introduce an EU watch list so as to better exchange information on radical chaplains within the scope permissible under law;
Amendment 809 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU values; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to -which include democratic values; invites Member States to share information on religious scholars religious practices of Islam that are compliant with EUdemocratic values;
Amendment 816 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 820 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests the creation of a European Islamic Institute and Research Centre where scholars could conduct research on compatibilities between elements of practice of the Muslim religion and European values, and which could be called on tonetwork of religious scholars from Member States who could constitute a trusted advisory board for EU institutions and Member States on matters relating to religious ideology and democratic values;
Amendment 825 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive and Framework Decision on Racism and Xenophobia under which incitement to commit a terrorist act or a hate crime is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 831 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Underlines however that the CT policies shall not lead to alienation or victimization of communities while the freedoms of belief and expression shall be also respected;
Amendment 836 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that doare not adhere to EU valuesin full compliance with applicable EU and national law and incite to terrorist offences, hatred, discrimination or violence;2a __________________ 2a The term "EU values" is not legally defined. However, in a state of law, any legal action, such as the closing down of a place of worship, can only be the result of a breach of an actual LAW (not of a cultural concept such as VALUES), e.g. on hate speech or on incitement to violence, in order to avoid arbitrary decisions.
Amendment 842 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to fully implement without delay the 5th AML/CFT Directive and examine how to ensure that places of worship, education, charities, cultural associations and foundations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up witheffective measures can be taken while safeguarding all the appropriate guarantees;
Amendment 856 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites to violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit which should be reinforced in resources;
Amendment 862 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to act against satellite TV channels propagating hate speech in accordance with the Audiovisual Media Services Directive; requests the Commission to prepare an analysis of possible legislative changes in the Directive in order to improve the effectiveness of blocking such channels broadcasting from third countriesand to this end, calls on Member States to fully and swiftly implement the Directive to ensure that Article 6 on prevention of incitement to violence and hatred is in place across the EU;
Amendment 874 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools forto tacklinge the challenge of radicalisedation of pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodiesbetter cooperation with the relevant units of law enforcement in the process of addressing radicalisation;
Amendment 878 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower young citizens with the tools to use the internet responsibly and avoid possible risks of radicalisation;
Amendment 882 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Exhorts both the Commission and Member States to promote anti- discrimination campaigns and to set up specific policies aimed at tackling discrimination in accessing in education, healthcare, labour and the housing market;
Amendment 888 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to intro on the basis of duce clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliancegal process;
Amendment 898 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and fullpermanent removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduce clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non-compliance;
Amendment 900 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Underlines that the removal of illegal content online must always be provided for by law, subject to initial judicial control and periodic review, set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is demonstrably necessary and proportionate and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress;
Amendment 902 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the work of the Global Internet Forum to Counter Terrorism (GIFCT) and calls on the founding companies of GIFCT to intensify their efforts in the shared industry hash database also by sharing knowledge with smaller technology companies;
Amendment 905 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Underlines the need for closer cooperation between the EU Internet Referral Unit (IRU) and national IRUs in ensuring complementarity and avoiding unnecessary duplication in referring terrorist content to IT companies;
Amendment 907 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation ofCommission to create an online European platform that citizens can use in order to flag terrorist and extremist content online and increase the capacity of companies to receive, review, process and respond to flagged content;
Amendment 919 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasteran effective partnership approach and lawful information exchange between law enforcement agencies, judicial authorities, the ICT industry, internet service providers (ISPs), internet host providers (IHPs), social media companies and NGOs, in developing and disseminating effective counter-narratives, also with the inclusion of victims.;
Amendment 923 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasters, in developing and disseminating effective counter-narratives, also with the inclusion of victims;
Amendment 927 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Encourages the European Commission and Member States authorities to strengthen their efforts to build effective counter-narratives and other strategic communications tools to disrupt the process of radicalisation towards extremist ideals;
Amendment 929 #
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Observes that an effective means of combating terrorism on the internet is to remove online content constituting a public provocation to commit a terrorist offence; encourages the Commission and Member States to cooperate with internet sector to prevent the misuse of social media for terrorist purposes by establishing tools to detect and flag illicit content; Member States should provide clear guidelines to ensure an adequate level of legal certainty and predictability for users and service providers and the possibility of judicial redress in accordance with national law;
Amendment 930 #
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28 c. Encourages Member States to create incentives for private internet companies and online platforms to publish detailed transparency reports to showcase initiatives undertaken to tackle online hate speech as well as statistics concerning content removal, reason for removal and the timeframe within which contents were removed;
Amendment 931 #
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28 d. Recalls that removal decisions should be reviewed by human beings who are adequately trained and prepared to fulfil such a sensitive task;
Amendment 936 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Member States to ensure secure, safe and orderlyjust prison conditions and to create specific procedures for radicalised inmateswith well-trained staff and procedures that can contain and reverse the effects of radicalisation, in order to prevent radicalisation of others, as well as to ensure targeted monitoring and targeted disengagement measures, and to train prison staff accordingly;
Amendment 942 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 946 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 960 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to introduce a licensing systemsystematic background checks for chaplains accessing prisons, and calls on the Council, with support from the Commission, to draw up guidelines on this; calls on Member States to regularly evaluate and monitor the chaplains having access to prisons;
Amendment 964 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on Member States to require standard educational training for chaplains working in prisons based on best practices developed by Member States penitentiary authorities;
Amendment 965 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Encourages Member States national authorities to closely cooperate with third countries to train chaplains in order to prevent radicalisation;
Amendment 966 #
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Encourages Member States to involve victims and former violent extremists in interventions such as one-to- one or group programmes and mentoring initiatives to provide first-hand and high impact counter- and alternative narratives;
Amendment 970 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation namely on AML/CFT directives;
Amendment 974 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the exist, software, and security systems to make full use of the existing information systems and cooperation mechanisms; reiterates the importance of ensuring that staff with access to such equipment have received appropriate training, information systems and cooperation mechanism particular with regard to protecting fundamental rights;
Amendment 976 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Notes in this context the crucial importance of reinforcing technical and human capacities of the FIUs to fight AML/CFT; calls for the urgent establishment of a European FIU to coordinate those in each EU Member State;
Amendment 979 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. DeplorNotes the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; by public institutions, calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;
Amendment 986 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information on the basis of the applicable underlying legal regulations governing each information system, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1000 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that existing opt-outs by some Member States from police and judicial cooperation measures for the prevention, detection, investigation and prosecution of terrorist offences and the financing of terrorism could endanger the speed and efficiency of terrorism investigations and may have detrimental effects; calls on Member States to abstain from opt-outs in this crucial field;
Amendment 1006 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Regrets the current existence of 28 different legal regimes for data retention, which is counter-productive for cooperation and information exchange; urges the Commission to put forward a legislaat despite two landmark decisions by the CJEU1a declaring that the general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication is not in line with the EU Charter of Fundamental Rights and that this also pertains to national data retention schemes, a number of Member States continue to have such data retention schemes in place; strongly underlines the need for all legislators to respect the CJEU rulings on data retention; __________________ 1a In its 2014 judgement in Digital Rights Ireland the CJEU declared invalid Directive 2006/24/EC (data retention directive)stating that data retention legislation cannot be considered to be justified within a democratic society if it does not require there to be any relationship between the data which must be retained and a threat to public security, and in particular, is not restricted to retention in relation to (i) data pertaining to a particular tivme proposal on data retention, in line with eriod and/or geographical area and/or a group of persons likely to be involved, in one way or another, in a serious crime, or (ii) persons who could, for other requirements stemming from the case-law of the Court of Justice of the European Union, while taking into account the needs of the competent authorities and the specificities of the CT field; asons, contribute, through their data being retained, to fighting crime. In 2016, in joined cases C-203/15 and C-698/15 of Tele2Sverige and Watson, the CJEU found that also national data retention schemes have to be assessed against the EU Charter of Fundamental Rights, as Art. 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as precluding national legislation which, for the purpose of fighting crime, provides for general and indiscriminate retention of and access to all traffic and location data of all subscribers and registered users relating to all means of electronic communication.
Amendment 1012 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systemensure full implementation, and, where relevant, check the particular EU information system for information in full accordance with their access rights laid down in the underlying legal bases and to introduce all useful data in a timely manner while ensuring the necessary data quality;
Amendment 1019 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges the Member States to ensure that the relevant information available at local or regional level and in their databases is automatically uploaded where possible through smart technical solutions to national systems and, where appropriate, to relevant European databases whilst ensuring data quality standards;
Amendment 1026 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1034 #
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 1037 #
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 1043 #
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Member States to interconnect their PIUs in order to facilitate the exchange of PNR, data and calls on the Commission to propose technological solutions to make the exchange of PNR data less time-consuming and demanding in terms of human resources by automating the processing of requests from one PIU to another; encourages, therefore,takes note of projects such as the ISF project led by the Netherlands to develop PIU.net based upon the established FIU.net; asks the Commission, together with Europol, to support the development of joint targeting rules and risk assessments to be applied by 1a; __________________ 1a Article 9 of the EU PNR Directive already clearly stipulates that Member States shall ensure that, with regard to persons identified by a PIU, all relevant and necessary PNR data or the result of processing those data is transmitted by that PIU to the corresponding PIUs of the other Member States, in order to enable Europol to search national PNR data with central algorithms;. It is therefore not clear what the first sentence in the original paragraph is calling for. Regarding the last part of the original paragraph: the conditions for access to PNR data by Europol are clearly stipulated in Article 10 of the EU PNR Directive.
Amendment 1054 #
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 1056 #
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 1061 #
Motion for a resolution
Paragraph 47
Paragraph 47
Amendment 1064 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on Member States to strengthen the Prüm network by updating their national processing systems to adapt to modern information technology; urges the Commission to further develop a ‘hub-and-spoke’ model to link national systems more efficiently via a central routerNotes that the deadline for implementing the Prüm Decisions expired on 26 August 2011 and that still not all Member States have fully implemented the decisions. Therefore calls on those Member States to finally fulfil their obligations under EU law and fully implement the Prüm decisions; and strengthen the Prüm network by updating their national processing systems to adapt to modern information technology;
Amendment 1070 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes the proposed regulations on interoperability,; and calls for additional information systems, including decentralised European and national systems, to be included in the future; asks Member States to engage proactively in thissks Member States to engage proactively in this process; stresses that interoperability, as a concept, has yet to pass the test of proportionality and necessity, considering the EDPS in his opinion stated it is a ‘point of no return’ regarding how we handle Justice and Home Affairs databases; emphasises that such a solution can be accepted only where it procvess; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limita to strike the right balance between legitimate needs for timely, efficient and relevant information for authorities in full accordance of their access rights under the underlying legal bases and the fundamental rights of the data subjects, in particular their right to privacy and to data protection;
Amendment 1072 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. WelcomNotes the proposed regulations on interoperability, and calls for additional information systems, including decentralised European and national systems, to be included stresses that interoperability, as a concept, has yet to pass the test of proportionality and necessity, considering the future; asks Member States to engage proactively in thisEDPS opinion; emphasises that such a solution can be accepted only where it procvess; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limita to strike the right balance between legitimate needs for timely, efficient and relevant information for authorities in full accordance of their access rights under the legal bases and the fundamental rights of the data subjects, in particular their right to privacy and to data protection;
Amendment 1089 #
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifyingmprove cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1107 #
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including specialadequate funding;
Amendment 1131 #
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub forstreamline and improve the information exchange and cooperation in the field of counter- terrorism in the EU, if necessary with a stronger mandatewithin the scope of applicable laws;
Amendment 1142 #
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility foruse of the contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens;
Amendment 1149 #
Motion for a resolution
Paragraph 62
Paragraph 62
62. Urges the Commission and the Member States to provide enhanced financial and human resources, including data scientists and big data analysts, for the development of technical solutions to deal with the high volume of data to be analysed; calls for Europol to be tasked with further R&D projects, with a focus on standardisation and big data management in this field in the context of its mandate for the benefit of Member States;
Amendment 1158 #
Motion for a resolution
Paragraph 64
Paragraph 64
64. CHighlights that state-of-the-art end-to-end encryption of communications is an essential tool to safeguard the fundamental right to confidentiality of communications and ensure legitimate transactions between consumers; calls on Member States to ensure cooperation among all relevant stakeholders with a view to increasing the decryption abilities of the competent authorities; calls for the swift creation of a ‘Decryption Hub’ notes that Europol tois developing decryption tools and expertise in order to better support Member Statedecrypt information lawfully obtained in criminal investigations;
Amendment 1168 #
Motion for a resolution
Paragraph 66
Paragraph 66
66. Believes that operational agreements with third countries are indispensable incan be helpful for Europol’s work, and welcomnotes the fact that the Commission is currently negotiating operational agreements with eight countries from the Mediterranean and North Africa (MENA) region; requests the renegotiation of operational agreements with particular close partners, such as the EFTA countries, eventually granting them improved access to Europol’s information systems;
Amendment 1173 #
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Calls on the Fundamental Rights Agency to undertake analysis of all Counter Terrorism proposals at European level, with a particular emphasis on the proportionality and necessity of such measures;
Amendment 1177 #
Motion for a resolution
Paragraph 68
Paragraph 68
68. Expects Member States to fully transpose and comply with Directive 2014/41/EU on the European Investigation Order (EIO), and to further educate and train judicial staff on the European Investigation Order (application of the EIO) in order to ensure its comprehensive and full application; calls on the Commission to provide as soon as possible, before proposing any new instruments on mutual recognition of investigative measures, a full overview of the transposition of the EIO Directive, and to start infringement proceedings against those Member States that did not transpose it in due time;
Amendment 1180 #
Motion for a resolution
Paragraph 69
Paragraph 69
69. Calls for the use of JITs in case of terrorist attacks; believes that JITs increase the effectiveness of cooperation and the investigation of cross-border offences; further calls for the participation of Europol and Eurojust in these JITs, as this means better use of the resources and capabilities provided by the EU agencies; demands that improved and easily accessible funding is provided for such JITs and where relevant to create permanent JITs;
Amendment 1182 #
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls for appropriate funding and staffing for Eurojust considering its vital role in ensuring cross boarder judicial cooperation;
Amendment 1185 #
Motion for a resolution
Paragraph 71
Paragraph 71
Amendment 1189 #
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the service providers and communications platforms to implement effectively judicial decisions on counterterrorism; calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect;
Amendment 1192 #
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoptionTakes note of the Commission proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary request that would profoundly change the existing system of mutual recognition by introducing exterritorial application of laws, giving to private companies the task to evaluate public order/fundamental rights non-recognition grounds, and without notifying the Member State authorities on which territory e-evidence is being collected and regardless of its national legal/constitutional requirements to collect such evidence on its territory; recalls that no evaluation of the effectiveness of new existing instruments tackling the issue, like application of Directive 2014/41/EU on the European Investigation Order, has been provided by the Commission before introducing new proposed instruments; calls on the competent LIBE committee to thoroughly check the proposals given the numerous questions and concerns with regard to fundamental rights, such as the rights to privacy and data protection and procedural rights, but also regarding the existence of such a new instrument in parallel to existing judicial cooperation instruments as well as the applicable EU data protection acquis;
Amendment 1194 #
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoption ofNotes that the Commission has presented proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;
Amendment 1218 #
Motion for a resolution
Paragraph 76
Paragraph 76
76. Encourages the Commission to continue negotiations with third countries on return and readmission and to evaluate whether the Return Directive (Directive 2008/115/EC) provides an adequate legal framework for the return of irregular migrants who pose as asylum seekers but in fact have terrorist motives and are a clear risk to public security;
Amendment 1231 #
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for port and airport operators to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1234 #
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1236 #
Motion for a resolution
Paragraph 79
Paragraph 79
Amendment 1242 #
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the co-legislators to consider providing EBCGAreview whether EBCGA should be provided with a specific mandate for processing operational personal data suited to its operational role, including in the prevention and detection of cross-border crime and terrorism at the EU’s external borders; believes that such a mandate should allow for sufficient data retention periods andand to consider in this context whether such a mandate should allow for the exchange of personal data with CSDP missions, Europol and Eurojust and, in specific circumstances and with the necessary safeguards, with third countries;
Amendment 1246 #
Motion for a resolution
Paragraph 81
Paragraph 81
81. Notes that suspects whose personal data was previously processed by the EBCGA will disappear in the analytical system after 90 days and appear as unknown/new suspects; calls, therefore, for the extension of the retention period of personal data managed by the EBCGA related to suspects of cross-border crime and terrorism up to a pers soon as they have been transmitted to EASO, Europol or Eurojust or to the competent authorities of the Member States or used for the preparatiodn of 3 years, similarly to the retention period of Europol and Eurojustrisk analyses and appear as unknown/new suspects;
Amendment 1255 #
Motion for a resolution
Paragraph 85
Paragraph 85
Amendment 1268 #
Motion for a resolution
Paragraph 87
Paragraph 87
87. Encourages all relevant actors to entermake available battlefield information, systematically and without dewithin the scope permissible under layw, into the relevant databasescivilian sphere, so as to enable the immediate identification of foreign terrorist fighters when they try to cross the external borders;
Amendment 1276 #
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 1285 #
Motion for a resolution
Paragraph 89
Paragraph 89
89. Welcomes in this regard the creation of a crime information cell within EUNAVFOR MED Operation Sophia, composed of staff members from relevant law enforcement authorities of Member States, Frontex and Europol, in order to improve information sharing between them;
Amendment 1295 #
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to effectively and fully implement the EU Anti Money- Laundering and Counter Financing of Terrorism (AML/CFT) Directives, transpose and enforce as soon as possible AMLD5, as well as implement the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1304 #
Motion for a resolution
Paragraph 93
Paragraph 93
93. Calls on the Member States to set up as soon as possible an EU FIU (Financial Investigative Unit) under Europol coordination and to step up the monitoring of organisations suspected of engaging in illicit trade, smuggling, counterfeiting and fraudulent practices via the establishment of JITs with Europol;
Amendment 1309 #
Motion for a resolution
Paragraph 94
Paragraph 94
94. Is highly concerned at the scale of illicit tobacco markets in the EU, the proceeds of which can be used to finance terrorism, including via excise fraud; invites the Member States to consider ratifying and implementing the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control (WHO FCTC);
Amendment 1314 #
Motion for a resolution
Paragraph 96
Paragraph 96
96. Calls on the Member States and the Commission to make it mandatory for companies involved in art dealing to declare alland art and antiquities storing, namely so called “free ports” to declare to customs all stored goods and suspicious transactions, and to make the owners of companies dealing in art and antiques, and storing them who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties;
Amendment 1323 #
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of virtual currencies, electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations;
Amendment 1325 #
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97 a. Welcomes and supports the Commission proposal to revise the VAT system in order to eliminate loopholes which enable the so-called “carousel fraud” which yearly deviates over 50 billion euros into organised crime, including terrorist networks; strongly urges Member States to adopt and enact the Commission proposal without delay.
Amendment 1333 #
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and which should be operated in articulation with the EU FIU;
Amendment 1338 #
Motion for a resolution
Paragraph 99
Paragraph 99
99. Urges the further development and capabilities of FIU.net by Europol, and namely under an EU FIU so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1344 #
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls on Member States to ensure that cryptocurrency companies fully apply Anti-Money Laundering regulations when users convert cryptocurrencies to real currency;
Amendment 1347 #
Motion for a resolution
Paragraph 99 b (new)
Paragraph 99 b (new)
99 b. Stresses the importance of enhancing interaction and exchange of information between investigative authorities and the private sector, namely obliged entities under the EU AML/CFT Directive, to overcome the shortcomings of segregated and incomplete information submitted by suspicious transaction reports; calls on the Commission and Member States to develop dedicated fora for sharing financial information, including on use of virtual currency, including the private sector, under safe channels and EU data protection standards; notes the important role that Europol could play in this regard;
Amendment 1348 #
Motion for a resolution
Paragraph 99 c (new)
Paragraph 99 c (new)
99 c. Calls on the Commission to examine the EU regulation virtual currency platforms, and namely exchanges between different virtual currencies, since some Member States have already spearheaded national systems to become global hubs for virtual currency platforms; calls on the Commission to form an expert working group to explore next steps in the EU- wide regulation of virtual currencies; calls on the Commission and Member States to act as global advocates for a coherent and coordinated international regulatory framework around virtual currencies;
Amendment 1349 #
Motion for a resolution
Paragraph 99 d (new)
Paragraph 99 d (new)
99 d. Calls on Commission and Member States to mandate and support formal, strategic and sustained operational law enforcement training to enhance capacity in Member States for investigating illicit activity involving virtual currencies; stresses that these efforts should ensure a standard level of law enforcement competency across the EU, so that certain Member States do not fall behind; emphasises the importance of conducting the EU-wide risk assessments of virtual currency activities and of coordinating investigative initiatives to use findings from those assessments to develop strategies for regulatory and law enforcement approaches over the short, medium and long-term;
Amendment 1350 #
Motion for a resolution
Paragraph 99 e (new)
Paragraph 99 e (new)
99 e. Calls on Member States to encourage cryptocurrency companies to use analysis tools to assess potential criminal activity associated with the destination and recipient addresses;
Amendment 1351 #
Motion for a resolution
Paragraph 99 f (new)
Paragraph 99 f (new)
99 f. Encourages the Commission to carry out an in-depth assessment to evaluate whether features designed to make cryptocurrency users untraceable should be banned;
Amendment 1352 #
Motion for a resolution
Paragraph 100
Paragraph 100
100. Calls on the Member States which have not yet done so to establish national CIP programmes addressing the issues identified by the Commission, especially in relation to the potential vulnerabilities of critical infrastructures, in its 2006 communication on a European Programme for Critical Infrastructure Protection which should be revised and updated;
Amendment 1356 #
Motion for a resolution
Paragraph 103
Paragraph 103
103. Demands that the designation of European Critical Infrastructures (ECIs) with an impact on more than one Member State must follows a multilateral process involving all of the potentially affected Member States;
Amendment 1361 #
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business and operational continuity plans in the case of an incident or attack;
Amendment 1364 #
Motion for a resolution
Paragraph 107
Paragraph 107
107. Recommends that the private sector be involved when devising programmes for the protection of critical infrastructure and soft targets, and highlights the need to develop public-private dialogues to this effect and to develop national and local resilience;
Amendment 1372 #
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 1380 #
Motion for a resolution
Paragraph 111
Paragraph 111
111. Welcomes the cross-border exercise to improve the protection of soft targets against terrorist attacks, involving Belgium and the Netherlands, which took place in June 2017; notes that the exercise was funded by the Commission and aimed at measuring preparedness and crisis management functions in a situation where two attacks take place simultaneously in different countries; calls for similar exercises to be carried out involving these and other Member States;
Amendment 1391 #
Motion for a resolution
Subheading 43
Subheading 43
Illicit firearms traffickingweapons
Amendment 1398 #
Motion for a resolution
Paragraph 120
Paragraph 120
120. Calls on the Member States to adopt firearms and ammunition surrender programmes tailored to the specific context of the illicit firearms markets; calls for the effective penalisation of illicit firearms possession and trafficking; calls for strict implementation by Member States of the Council Common Position 2008/944/CFSP of 8 December 2008, defining common rules governing control of exports of military technology and equipment;
Amendment 1399 #
Motion for a resolution
Paragraph 120 a (new)
Paragraph 120 a (new)
120 a. Supports the revision of the EU Strategy to Combat the Illicit Accumulation and Trafficking of Small Arms and Light Weapons (SALW) by taking into account the new security context and the developments in SALW design/technology thus affecting the capacity to address the threat;
Amendment 1404 #
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Encourages Member States law enforcement authorities to set up specialised illicit firearms trafficking police teams equipped with sufficient staff, expertise and equipment;
Amendment 1405 #
Motion for a resolution
Paragraph 121 b (new)
Paragraph 121 b (new)
121 b. Calls on Member States to introduce restrictions on selling knives to under 18 years old and on the carrying of knives without a valid reason; calls on the banning of particularly harmful knives such as zombie or butterfly knives; encourages Member States to evaluate measures to restrict the sale of knives online;
Amendment 1408 #
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for the intensification of EU cooperation with neighbouring countries in the area of CT; considers that the EU must maintain a global approach to CT, with a specific focus on cooperation with key third countries on the basis of clearly defined priorities; respect for the protection and fulfilment of human rights, in accordance with the International Covenant on Civil and Political Rights; reminds that international and regional human rights law makes clear that states have both a right and a duty to protect individuals under their jurisdiction from terrorist attacks to ensure respect for the right to life and the right to security; at the same time stresses that the EU external action in the field of CT should be guided by the purposes set out in Article 55 of the Charter of the United Nations, including universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion; insists, therefore, that as part of states’ duty to protect individuals within their jurisdiction, all measures taken to combat terrorism must themselves also comply with states’ obligations under international law, in particular international human rights, refugee and humanitarian law;
Amendment 1413 #
Motion for a resolution
Paragraph 122 a (new)
Paragraph 122 a (new)
122 a. Insists that the EU cooperation with third countries in the field of CT must be based on respect for international human rights and humanitarian law, including an absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, transfer of detainees in a manner which is transparent and consistent with human rights and the rule of law, non- discrimination, due process and the right to a fair trial;
Amendment 1427 #
Motion for a resolution
Paragraph 124
Paragraph 124
124. Calls for the simplification of the EU restrictive measures system, inter alia by revisiting 'partial' designations in order to make it an effective tool in the area of CT; notes that designations of groups or individuals in the restrictive measures system shall never be influenced by political considerations;
Amendment 1435 #
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the EU to engage constructively with peaceful Islamist political and social movements who can act as firewalls against violent radicalisation;
Amendment 1445 #
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or several Member States; considers that the role of the CCVT would be to ensure the provision of expertise at EU level by promoting exchange of knowledge and best practices; stresses however the need to extend support and protection measures to indirect victims, like victim’s relatives, eyewitnesses and first responders;
Amendment 1455 #
Motion for a resolution
Paragraph 128
Paragraph 128
Amendment 1467 #
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Calls on Member States to ensure that a comprehensive response to the specific needs of victims of terrorism immediately after a terrorist attack and for as long as necessary is provided within the national emergency- response infrastructure; notes that to that end, Member States should set up a single and updated website with all relevant information and an emergency support centre for victims and their family members providing for psychological first aid and emotional support as referred to Directive (EU) 2017/541 of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision2005/671/JHA;
Amendment 1471 #
Motion for a resolution
Paragraph 131
Paragraph 131
131. Calls on the Member States to put in place appfor the full and effective implementation of Directive (EU) 2015/637 in order to ensure consular protection for EU citizens in third countries where their Member States are not represented; underlines that a growing number of European citizens have suffered terropriate consular protocols in relationst attacks in a country that is not their own, and therefore urgently calls for the establishment of protocols in Member States to their lp non-nationals who are the victims Europeans in the event of a terrorist attack, in another Member State or third countryline with Directive (EU) 2017/541 on combating terrorism;
Amendment 1472 #
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the assistance provided to victims of terrorism also encompasses measures such as first aid, psychological support, protection from secondary victimisation, effective access to justice, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes or other forms of social benefits and help with transport;
Amendment 1490 #
Motion for a resolution
Subheading 46
Subheading 46
Amendment 1494 #
Motion for a resolution
Paragraph 136
Paragraph 136
Amendment 1495 #
Motion for a resolution
Paragraph 136
Paragraph 136
136. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between the different fundamental rights involved; considers in this respect that, while privacy is a fundamental right, the first priority should lie in protecting people’s fundamental rights to life and security; Takes the view, given that the EU’s core aim is to promote freedom of the individual, that security measures, including counterterrorism measures, must be pursued through the rule of law and must be subject to fundamental rights obligations, including those relating to privacy and data protection; calls for the Member States and the EU institutions, when adopting and applying CT measures, to keep in mind that the test of the necessity and proportionality of any measure that limits fundamental rights and freedoms needs to take into account the entire body of existing security measures targeting terrorism and serious crime; believes that blanket justification of every security measure by a general reference to the fight against terrorism or serious crime is not sufficient;
Amendment 1501 #
Motion for a resolution
Paragraph 136 a (new)
Paragraph 136 a (new)
136 a. Reiterates that when adopting or applying CT measures, all fundamental rights and principles have to be fully guaranteed, including those with regards to privacy and data protection, freedom of thought and expression as well as procedural safeguards, such as the presumption of innocence and the right to information; recalls that, in order to ensure the respect of these rights and principles, any CT measure always has to be subject to the control of a judicial authority, ensuring that individuals dispose of effective remedies to challenge any violation of their fundamental rights, including the possibility of judicial redress;
Amendment 1508 #
Motion for a resolution
Paragraph 137
Paragraph 137
Amendment 1512 #
Motion for a resolution
Paragraph 138
Paragraph 138
Amendment 1515 #
Motion for a resolution
Paragraph 139
Paragraph 139
Amendment 1518 #
Motion for a resolution
Subheading 46 a (new)
Subheading 46 a (new)
Reporting
Amendment 1519 #
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Encourages the Commission to regularly submit reports to the European Parliament and to the Council, assessing the added value of the anti-terrorism legislation; asks that such reports shall also focus on fundamental rights and freedoms, including on non- discrimination, on the rule of law, and on the level of protection and assistance provided to victims of terrorism;