Activities of Artis PABRIKS

Motion for a resolution
Recital H

H. whereas the European Union’s cultural heritage is rich and diverse; whereas cultural heritage enriches the individual lives of citizens; whereas Article 3 of the TEU affirms, that ‘the Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’; whereas persons belonging to minorities that have been living ~~together~~ in Europe for centuries contribute to this rich, unique and diverse heritage and are an integral part of the European identity;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – introductory part

1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a ~~member of~~person belonging to a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); recommends that, with respect to the principles of subsidiarity, proportionality and non-discrimination, such a definition should be based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’ as a group of persons in a state who

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 1

– reside on the territory of that state and are citizens thereof,

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 1

– historically reside on the territory of that state,

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 – indent 2

– historically maintain longstanding, firm and lasting ties with that state,

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Recalls that within existing international standards every Member States has a right to define persons belonging to national minorities.

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 3

3. Notes that parts of the provisions of the FCNM and the European Charter for Regional or Minority Languages (‘Language Charter’) may fall within the competences of the EU, and recalls the FRA’s conclusion that whereas the Union does not have overall legislative competence to rule on the protection of national minorities as such, it ‘may rule on a variety of issues that affect persons belonging to national minorities’;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 4

4. Expresses that there is a need for ~~a legislative proposal on~~ minimum standards of protection of minorities in the EU, for improving the situation of minorities in all the Member States and to avoid double standards, while respecting the principle of subsidiarity and proportionality~~, and after carrying out a proper impact assessment~~; calls on the Commission and the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international standards;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 5

5. Calls on the Member States, while safeguarding the national citizenship, and calls on the Commission, while promoting the European identity and common values, to safeguard the right of persons belonging to national minorities to preserve, protect and develop their own identity, and to take the necessary steps to ensure the effective participation of national minorities in social, economic and cultural life and in public affairs;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 7

7. Recalls that common and minimum standards to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities should be developed in the EU, taking account of best practices already used within the Member States, such as in Italy (Alto Adige/South Tyro)l, in Germany (Schleswig-Holstein) or in Finland, following the procedural principles of good neighbourliness, friendly relations and co- operation between the Member States, and on the basis of the implementation of international standards and norms; recalls the implementation of the commitments adopted and principles developed in the framework of the OSCE, particularly in its thematic recommendations and guidelines; recalls that the Commission has already taken these standards into account in the context of the Copenhagen criteria during the accession negotiations with the countries of Central and Eastern Europe, Cyprus, Malta, Bulgaria, Romania, Croatia and the current candidate countries;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 10

10. Notes that national minorities are groups of persons belonging to minorities who have been historically living on the same territory, historically maintaining longstanding, firm and lasting ties with that state, and sharing a common identity, in some instances as a result of border changes, in others as a result of living a long time in an area, whereby they have managed to preserve their identity; calls on the Member States and the Commission to protect the cultural and linguistic identity of national minorities, and to create conditions for the promotion of that identity; points to the important role that regional and local authorities in the EU can play in protecting national minorities, and considers that administrative reorganisation and territorial districting must not have negative consequences for them;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 18 a (new)

18a. Notes that every person belonging to a national minority has the right to learn his or her minority language.

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 18 b (new)

18b. Calls on the Member States and the Commission to ensure, in line with international norms, that in areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, as far as possible and within the framework of Member State education systems, persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instructions in this language.

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 20

20. Calls on the Member States and the Commission to ensure that persons belonging to national minorities have rights and adequate opportunities to receive education in a minority language ~~and~~or for instruction in their mother tongue ~~in both public and private educational institutions~~; calls on the Member States to formulate appropriate education policies, bearing in mind the right for education in a minority language and the needs of national minorities; calls on the Members States and the Commission to incorporate the best practices in teaching foreign languages into the methodology of teaching official languages when it comes to curricula for schools which provide education in a minority language; notes that the Member States should ensure that both the regional or minority language and the official language are taught using appropriate methods;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Member States to define preferential thresholds in the learning of regional or minority languages; calls on the Member States and the Commission to ensure that people belonging to national minorities living in rural area, or living in widely scattered settlements, have the right to learn his or her minority language, or receive education in a minority language, e.g. in their mother tongue, if there is sufficient demand, and ; calls on the Member States and the Commission to ensure that education reforms and policies do not restrict the right to receive education in a minority language;

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 30 – introductory part

30. Calls on the Commission to ~~draw up a roadmap towards~~ establish~~ing~~ minimum standards for the protection of minorities; ~~recommends that this roadmap should contain measurable milestones with regular reporting, and~~they should consist, as a minimum of

2018/06/22
Committee: LIBE

2018/2036(INI)

Motion for a resolution
Paragraph 30 – indent 2

~~– a Commission recommendation, taking into consideration existing national measures, subsidiarity and proportionality,~~deleted

2018/06/22
Committee: LIBE

2018/2036(INI)

Artis PABRIKS, Godelieve QUISTHOUDT-ROWOHL, Laima Liucija ANDRIKIENĖ, Jarosław WAŁĘSA, Christofer FJELLNER

Motion for a resolution
Paragraph 30 – indent 3

~~– a legislative proposal for a directive, based on the aforementioned points, on minimum standards for minorities in the EU;~~deleted

2018/06/22
Committee: LIBE

2017/2274(INI)

Draft opinion
Paragraph 6 a (new)

6a. Reiterates support for a bilateral investment agreement between the EU and Taiwan; recognizes that Taiwan is not only one of the EU’s major trading partners in East Asia but also a springboard to China for EU businesses, and such an agreement is in the interest of the EU and its Member States;

2018/05/02
Committee: INTA

2017/2256(INI)

Motion for a resolution
Citation 2 a (new)

- having regard to the Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard,

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Citation 2 b (new)

- having regards to the Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol),

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Citation 2 c (new)

- having regard to the Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European border surveillance system (Eurosur),

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Recital A

A. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, judicial and police cooperation in criminal matters, joint protection of EU external borders and common views on migration, visa and asylum policies;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Recital A

A. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area; whereas mutual trust also demands solidarity, judicial and police cooperation in criminal matters and common ~~views~~understanding on migration, visa and asylum policies;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 1

1. ~~Not~~Welcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; ~~not~~praises the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises and acknowledges that further development of vulnerability assessment methodology is needed; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 2

2. ~~Not~~Welcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 3

3. Emphasises the support and capacity-building measures taken in the countries of origin to address the root causes of i~~rregular~~llegal migration; considers it crucial that adequate maritime search-and- rescue aspects and capabilities are embedded into all operational planning and execution, as provided for in Regulation (EU) No 656/2014;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 4

4. Considers cooperation with third countries, in particular in the context of development policy and readmission agreements, as one of the most essential elements in finding the solution to i~~rregular~~llegal migration;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 6

6. ~~Not~~Welcomes the work done in the field of cross-border police and law enforcement cooperation and the work of EUROPOL, in particular the European Migrant Smuggling Centre, to counter trafficking in human beings through intelligence, information exchange and joint investigations;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 7

7. Welcomes the Commission’s ~~efforts to elaborate~~progress made on the European Integrated Border Management (IBM) ~~concept~~strategy on the basis of the provisions in the European Border and Coast Guard Regulation and calls for swift preparation of the technical and operational strategy by the European Border and Coast Guard Agency and alignment of the national IBM Strategies;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 9

9. Stresses that the current state of Schengen and the issues it has encountered are not due to problems in the structure and construction of Schengen itself but rather to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation~~, and control of the external borders~~;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 10

10. Considers the ~~critical shortcoming~~serious deficiencies discovered through the Schengen Evaluation Mechanism and the vulnerability assessment to be problematic;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 11

11. Expresses great concern regarding the implementation of the European Border and Coast Guard Regulation ((EU) 2016/1624) and underlines the need for Member States to comply with the requirements stipulated in the regulation~~, in particular regard~~; calls on Member States to urgently fill ing the ~~commitments to the rapid reaction~~existing gaps for both experts and technical equipment ~~pool~~;

2018/03/14
Committee: LIBE

2017/2256(INI)

Motion for a resolution
Paragraph 12

12. Condemns the continued reintroduction of internal border checks as this undermines the basic principles of the Schengen area, and expresses doubts about the lawfulness of some prolongations of controls; is also of the opinion that Member States have not taken the proper measures to ensure cooperation with other affected Member States to minimise the effects of these measures, nor have they provided enough information on the results of such controls, therefore hindering the analysis by the Commission and scrutiny by Parliament; considers the economic, political and social impacts of this practice to be detrimental to the unity of the Schengen area and harmful to the prosperity of European citizens; recalls that Member States have other tools available, ~~namely~~including targeted police controls, as recommended by the Commission;

2018/03/14
Committee: LIBE

2017/2256(INI)

Laima Liucija ANDRIKIENĖ, Godelieve QUISTHOUDT-ROWOHL, Franck PROUST, Artis PABRIKS, Iuliu WINKLER, Hannu TAKKULA, David MARTIN

Motion for a resolution
Paragraph 24

24. Calls on the Member States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols; calls for the full implementation of the Prüm Convention and EU Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative; calls on the Member States to improve their national law enforcement cooperation structures and to improve practical cooperation, in particular with neighbouring Member States;

2018/03/14
Committee: LIBE

2017/2070(INI)

Motion for a resolution
Paragraph 11

11. Points out that the Commission has announced on more than one occasion the launch of negotiations about investment with Hong Kong and Taiwan, and deems it regrettable that no such negotiations have yet begun; urges the Commission to finish the preparatory works and to formally start negotiations on investment agreements as soon as possible;

2018/01/30
Committee: INTA

2017/0224(COD)

Anna Maria CORAZZA BILDT, Michael GAHLER, Artis PABRIKS, Tunne KELAM

Proposal for a regulation
Article 4 – paragraph 1 – indent 1

- critical infrastructure, including energy, transport, communications, mass media channels, data storage, space or financial infrastructure, as well as sensitive facilities;

2018/04/12
Committee: INTA

2016/2308(INI)

Motion for a resolution
Citation 18 a (new)

- having regard to the Russian involvement in Syria, including support of the Syrian military's use of chemical weapons, which further destabilises the country and increases the number of refugees seeking protection in Turkey and the EU,

2017/05/12
Committee: AFET

2016/2308(INI)

Anna Maria CORAZZA BILDT, Artis PABRIKS, Nedzhmi ALI, Ivo VAJGL

Motion for a resolution
Paragraph 15

15. Calls on the Commission to take into account the latest developments in Turkey when conducting the mid-term review of the Instrument for Pre-Accession Assistance (IPA) funds in 2017~~, and to suspend all pre-accession funds if Turkey no longer sufficiently complies with the EU’s Copenhagen criteria~~; calls on the Commission to use those funds to support Turkish civil society and to invest more in people-to-people exchange programmes, such as Erasmus+ for students;

2017/05/12
Committee: AFET

2016/2308(INI)

Anna Maria CORAZZA BILDT, Michael GAHLER, Alojz PETERLE, Artis PABRIKS, Urmas PAET, Ivo VAJGL, Tunne KELAM

Motion for a resolution
Paragraph 16

16. Condemns in the strongest terms all terrorist attacks carried out in Turkey, and stands firmly by Turkey’s population in our joint fight against terrorism; welcomes the close bilateral relations between EU Member States and Turkey in the field of anti-terrorism cooperation, including on ‘foreign fighters’; underlines that strong cooperation between Europol and Turkish law enforcement authorities is key to effectively combat terrorism; reiterates its condemnation of the return to violence by the Kurdistan Workers’ Party (PKK), which has been on the EU’s list of terrorist organisations since 2002; invites the Member States to enforce legislation banning the use of signs and symbols of organisations which are on that list;

2017/05/12
Committee: AFET

2016/2308(INI)

Anna Maria CORAZZA BILDT, Michael GAHLER, Artis PABRIKS, Urmas PAET, Nedzhmi ALI, Ivo VAJGL, Tunne KELAM

Motion for a resolution
Paragraph 17

17. Commends the engagement by the Turkish Government and the hospitality shown by the population in hosting around 3 million refugees; notes the EU-Turkey statement on migration, and urges the Member States to initiate the voluntary resettlement scheme for the most vulnerable refugees in Turkey; calls on the Commission to ensure long-term investment in both refugees and their host communities in Turkey; encourages the Turkish Government to grant work permits to all Syrian refugees; calls on ~~Ankara to keep up its~~Turkey and the EU to keep up their coordinated patrolling efforts in the Aegean and to implement fully the bilateral readmission agreements signed with Bulgaria and Greece;

2017/05/12
Committee: AFET

2016/2031(INI)

Artis PABRIKS, Daniel CASPARY, Christofer FJELLNER

Motion for a resolution
Recital B

B. whereas the Customs Union has shown that it ~~clearly fails to~~does not meet the requirements ofneeded for modern trade relations between the parties;

2017/03/02
Committee: INTA

2016/2031(INI)

Christofer FJELLNER, Anna Maria CORAZZA BILDT, Artis PABRIKS

Motion for a resolution
Recital C

C. whereas Turkey has been implementing an ~~ever~~ increasing number of tariff and non-tariff barriers over time;

2017/03/02
Committee: INTA

2016/2031(INI)

Artis PABRIKS, Christofer FJELLNER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 1 – point a – point iv

(iv) the current structure of the ~~Ankara agreement should be considered inadequ~~Customs Union is outdated in terms of the evolution of the EU’s trade policy, in that: (a) it does not consider specific issues such as sustainable development, protection of social rights and labour, gender equality, protection of food safety and health, sanitary-phytosanitary measures (SPS), SMEs or the protection of foreign investments; (b) it does not take account of the specific role of the European Parliament and of the national parliaments; (c) the provisions concerning the settlement of disputes reflect the political nature of the agreement;

2017/03/02
Committee: INTA

2016/2031(INI)

Artis PABRIKS, Daniel CASPARY, Christofer FJELLNER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 1 – point a – point vi

(vi) the entire negotiating process should be based on the principles of transparency and full access to the proceedings where appropriate without undermining European interests in the negotiations;

2017/03/02
Committee: INTA

2016/2031(INI)

Artis PABRIKS, Daniel CASPARY, Christofer FJELLNER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 1 – point b – point i

(i) a prerequisite for the modernisation of the Customs Union is that Turkey ~~shoul~~before the start of the negotiations should commit to progressively abolish existing barriers to trade that do not comply with the Customs Union and refrain from adopting any protectionist or restrictive measures in the future, such as the unilateral imposition of customs duties and non-tariff barriers on goods produced in the EU, including goods released for free circulation, or government policies to reduce imports;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point b – point v

(v) it is important to introduce a strict and effective dispute settlement mechanism that is able to operate within a framework of impartiality and legal certainty in keeping with the rules and practice of the WTO;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point b – point vi

(vi) in order to enable Turkey to become more involved in the decision- making process related to the EU's trade policy, and provided there is significant progress in terms of convergence and legislative harmonisation, it would be helpful to allow Turkey access as an observer;deleted

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point i

(i) when major sectors such as agriculture, services and public procurement are included in the new framework for trade relations between the EU and Turkey, it is important that the new structure is defined on the basis of Articles 207 and 218 TFEU and that the commitments taken in the modernised Customs Union clearly take into account the distribution of competences between the Union and the Member States;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point ii

(ii) the liberalisation of the sectors that are not currently included in the Customs Union should take place in a progressive and binding manner, by measuring its impact on businesses, particularly SMEs, employees, consumers and the environment. To that end, parliamentary institutions, both at EU level and nationally, can play an active role in liaising and holding talks with stakeholders and civil society;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point ii a (new)

(iia) the negotiations should take into account the specific challenges and interests of SMEs, dedicating a chapter to SMEs;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point iii

(iii) negotiations should ~~focus on~~include the active promotion of decent work for all and the effective fight against national practices which seek to undermine the social and environmental substance of work for the purpose of promoting domestic production and attracting foreign investment;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point iii a (new)

(iiia) when including chapters on sustainable development it is important that no uncertainties about the distribution of competences between the Union and the Member States persist;

2017/03/02
Committee: INTA

2016/2031(INI)

Tokia SAÏFI, Franck PROUST, Artis PABRIKS

Motion for a resolution
Paragraph 1 – point c – point iv

(iv) the liberalisation of agricultural products should be ~~conditional upon~~progressive and reciprocal and it should be accompanied by a reform of Turkish legislation on grants and export subsidies in order to avoid distortionary effects on the CAP system. Special consideration should be given to the impact on small-scale farmers regarding those categories of product that are vulnerable to competition;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point iv a (new)

(iva) the agricultural products in question should be identified, transitional periods and appropriate quotas should be laid down for the most sensitive products, and in some cases such products should be excluded;

2017/03/02
Committee: INTA

2016/2031(INI)

Tokia SAÏFI, Franck PROUST, Artis PABRIKS

Motion for a resolution
Paragraph 1 – point c – point iv b (new)

(ivb) takes the view that the recognition and protection of geographical indications must be included owing to their economic importance and their significance in terms of retaining know- how, particularly for SMEs;

2017/03/02
Committee: INTA

2016/2031(INI)

Artis PABRIKS, Daniel CASPARY, Christofer FJELLNER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 1 – point c – point vi

(vi) owing to its importance and impact, the services sector should be liberalised on the basis of stringent transparency criteria, full reciprocity, non-discrimination and legislative harmonisation, w~~ith th~~hile exclu~~sion of~~ding audiovisual ~~services and services of general economic interest~~and public services from all direct or indirect privatisation obligations;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point vii

(vii) in areas such as the digital economy, telecommunications, postal services and financial services, attention should be paid to aspects relating to the free flow of data while providing adequate data protection; in the transport sector, the current quota system should be maintained;

2017/03/02
Committee: INTA

2016/2031(INI)

Christofer FJELLNER, Anna Maria CORAZZA BILDT, Artis PABRIKS

Motion for a resolution
Paragraph 1 – point c – point viii

(viii) ~~rigorous procedures should be established~~commitments in Mode 4 should be achieved including procedures regarding the entry and residence of professionals;

2017/03/02
Committee: INTA

2016/2031(INI)

Christofer FJELLNER, Anna Maria CORAZZA BILDT, Artis PABRIKS

Motion for a resolution
Paragraph 1 – point c – point ix

(ix) the new EU-Turkey trade framework should lay down specific provisions for the protection of investments including a dispute settlement mechanism;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point ix

(ix) the new EU-Turkey trade framework should lay down specific provisions for the protection of investments within the Union's exclusive competence;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point x a (new)

(x a) for highly regulated sectors it is important to include transparency provisions that are built upon general due process principles in decision-making procedures and respect of rule of law;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 – point c – point x b (new)

(xb) it is imperative to foresee a special mechanism to monitor the implementation of the modernised Customs Union, in line with this also the actual utilisation of preferences, especially of SMEs, should be analysed in order to maximise the trade benefits;

2017/03/02
Committee: INTA

2016/2031(INI)

Motion for a resolution
Paragraph 1 a (new)

1 a. Asks the Council to give its mandate to the Commission to start the negotiations with Turkey on the modernisation of Customs Union.

2017/03/02
Committee: INTA

2016/0357A(COD)

Proposal for a regulation
Recital 2

(2) Indeed, the Communication of 6 April 2016 identified a series of information gaps. Amongst them the fact that border authorities at external Schengen borders have no information on travellers exempt from the requirement of being in possession of a visa when crossing the external borders. The Communication of 6 April 2016 announced that the Commission would launch a study on the feasibility of establishing a European Travel Information and Authorisation System (ETIAS). Such an automated system would determine the eligibility of visa-exempt third country nationals prior to their travel to the Schengen Area, and whether such travel poses a security or i~~rregular~~llegal migration risk.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 9

(9) The ETIAS should establish a travel authorisation for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an i~~rregular~~llegal migration, security or public health risk. Holding a valid travel authorisation should be a new entry condition for the territory of the Member States, however mere possession of a travel authorisation should not confer an automatic right of entry.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 10

(10) The ETIAS should contribute to a high level of security, to the prevention of i~~rregular~~llegal migration and to the protection of public health by providing an assessment of visitors prior to their arrival at the external borders crossing points.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 25

(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, i~~rregular~~llegal migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on a applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 27

(27) The continuous emergence of new forms of security threats, new patterns of i~~rregular~~llegal migration and public health threats requires effective responses and needs to be countered with modern means. Since these means entail the processing of important amounts of personal data, appropriate safeguards should be introduced to keep the interference with the right to protection of private life and to the right of protection of personal data limited to what is necessary in a democratic society.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 40

(40) The personal data recorded in the ETIAS should be kept for no longer than is necessary for its purposes. In order for the ETIAS to function, it is necessary to keep the data related to applicants for the period of validity of the travel authorisation. In order to assess the security, i~~rregular~~llegal migration and public health risks posed by the applicants it is necessary to keep the personal data for five years from the last entry record of the applicant stored in the EES. In fact, the ETIAS should rely on accurate preliminary assessments of the security, public health and i~~rregular~~llegal migration risks, notably through the use of the screening rules. In order to constitute a reliable basis for the manual risk assessment by the Member States, and reduce to the minimum the occurrence of hits not corresponding to real risks ('false positives'), the hits resulting from screening rules based on statistics generated by ETIAS data itself need to be representative of a sufficiently broad population. This cannot be achieved exclusively on the basis of the data of the travel authorisations in their validity period. The retention period should start from the last entry record of the applicant stored in the EES, since that constitutes the last actual use of the travel authorisation. A retention period of five years corresponds to the retention period of an EES record with an entry authorisation granted on the basis of an ETIAS travel authorisation or a refusal of entry. This synchronisation of retention periods ensures that both the entry record and the related travel authorisation are kept for the same duration and is an additional element ensuring the future interoperability between ETIAS and EES. This synchronisation of data retention periods is necessary to allow the competent authorities to perform the risk analysis requested by the Schengen Borders Code. A decision to refuse, revoke or annul a travel authorisation could indicate a higher security or i~~rregular~~llegal migration risk posed by the applicant. Where such a decision has been issued, the 5 years retention period for the related data should start from its date of issuance, in order for ETIAS to be able to take accurately into account the higher risk possibly posed by the applicant concerned. After the expiry of such period, the personal data should be deleted.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 48

(48) In order to assess the security, i~~rregular~~llegal migration or public health risk which could be posed by a traveller, interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as the Entry/Exit System (EES), the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), the Eurodac and the European Criminal Records Information System (ECRIS) should have to be established. However this interoperability can only be fully ensured once the proposals to establish the EES33 , the ECRIS34 and the recast proposal of the Eurodac Regulation35 have been adopted. _________________ 33 Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) COM(2016) 194 final. 34 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. 35 Proposal for a Regulation of the European Parliament and of the Council on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] , for identifying an illegally staying third- country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) COM(2016) 272 final.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Proposal for a regulation
Recital 50 – indent 5

- to further specify the security, i~~rregular~~llegal migration or public health risks to be used for the establishment of the risk indicators.

2017/10/04
Committee: LIBE

2016/0357A(COD)

Godelieve QUISTHOUDT-ROWOHL, Daniel CASPARY, Artis PABRIKS

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation establishes a 'European Travel Information and Authorisation System' (ETIAS) for third country nationals exempt from the requirement to be in possession of a visa when crossing the external borders ('the visa requirement') enabling to determine whether their presence in the territory of the Member States does not pose an i~~rregular~~llegal migration, security or public health risk. For this purpose a travel authorisation and the conditions and procedures to issue or refuse it are introduced.

2017/10/04
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point c

(c) When ~~appropriate,~~ the Commission ~~services may issue~~has well- founded indications of the possible existence of significant distortions as re~~port describing the specific situation concerning the criteria listed in~~ferred to in point (b), and when appropriate for the effective application of this Regulation, a report describing the market circumstances as per point (b) in a certain country or a certain sector shall be produced or updated. Such reports and the evidence on which ~~it is~~they are based ~~may~~shall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to rebut, supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations ~~made~~relating to the existence of significant distortions shall take into account all of the relevant evidence on the file. The Commission shall review and update the report if necessary in the case of a change of market circumstances as per point (b). A review of the report should be carried out at least once within two years.

2017/05/23
Committee: INTA

2016/0351(COD)

Daniel CASPARY, Godelieve QUISTHOUDT-ROWOHL, Artis PABRIKS, Christofer FJELLNER

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d

(d) The Union industry may rely on the evidence in the report referred to in point (c) ~~for the calculation of normal value~~where meeting the standard of evidence in view of Article 5(9) when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11, or a request for a reinvestigation in accordance with Article 12.

2017/05/23
Committee: INTA

2016/0351(COD)

Daniel CASPARY, Godelieve QUISTHOUDT-ROWOHL, Artis PABRIKS, Salvatore CICU, Christofer FJELLNER

1. Where a transfer decision according to point (a) of Article 38 is taken, the benefitting Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation. 2. Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be shared with the law enforcement authorities in the benefitting Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4). The Member State of allocation shall inform the benefitting Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints. 3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefitting Member State of application shall be the Member State responsible and shall examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU. 4. The information exchanged shall only be used for the purposes set out in paragraph 1 and shall not be further processed.Article 40 deleted Exchange of relevant information for security verification

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Exchange of relevant information for 1. Where a transfer decision according to point (a) of Article 38 is taken, the benefitting Member State shall transmit, at the same time and for the sole purpose of verifying whether the applicant may for serious reasons be considered a danger to the national security or public order, the fingerprint data of the applicant taken pursuant to Regulation (Proposal for a Regulation recasting Regulation 603/2013/EU) to the Member State of allocation. 2. Where, following a security verification, information on an applicant reveals that he or she is for serious reasons considered to be a danger to the national security or public order, information on the nature of the alert shall be shared with the law enforcement authorities in the benefitting Member State and shall not be communicated via the electronic communication channels referred to in Article 47(4). The Member State of allocation shall inform the benefitting Member State of the existence of such alert, specifying the law enforcement authorities in the Member State of application that have been fully informed, and record the existence of the alert in the automated system pursuant to point d of Article 23(2), within one week of receipt of the fingerprints. 3. Where the outcome of the security verification confirms that the applicant may for serious reasons be considered a danger to the national security or public order, the benefitting Member State of application shall be the Member State responsible and shall examine the application in accelerated procedure pursuant to Article 31(8) of Directive 2013/32/EU. 4. The information exchanged shall only be used for the purposes set out in paragraph 1 and shall not be further processed.Article 40 deleted security verification

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 41

~~1. Chapter V and Sections II to VII of Chapter VI shall apply mutatis mutandis. 2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State.~~Article 41 deleted Procedure for allocation

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, József NAGY, Anna ZÁBORSKÁ

~~1. Chapter V and Sections II to VII of Chapter VI shall apply mutatis mutandis. 2. Family members to whom the procedure for allocation applies shall be allocated to the same Member State.~~Article 41 deleted Procedure for allocation

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 42

Costs of allocation transfers For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State shall be refunded by a lump sum of EUR 500 for each person transferred pursuant to Article 38(c). This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014.Article 42 deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Petri SARVAMAA, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, József NAGY, Anna ZÁBORSKÁ

Proposal for a regulation
Article 42

~~For the costs to transfer an applicant to the Member State~~Article 42 deleted Costs of allocation, the benefitting Member State shall be refunded by a lump sum of EUR 500 for each person transferred pursuant to Article 38(c). This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014.ransfers

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, József NAGY, Anna ZÁBORSKÁ

Proposal for a regulation
Article 43

Cessation of corrective allocation The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below 150 % of its share pursuant to Article 35(1). Upon the notification referred to in paragraph 2, the application of the corrective allocation shall cease for that Member State.Article 43 deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 43

The automated system shall notify the Member States and the Commission as soon as the number of applications in the benefitting Member State for which it is the Member State responsible under this Regulation is below 150 % of its share pursuant to Article 35(1). Upon the notification referred to in paragraph 2, the application of the corrective allocation shall cease for that Member State.Article 43 deleted Cessation of corrective allocation

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 44

Automated system for registration, monitoring and the allocation mechanism 1. For the purposes of the registration and monitoring the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated system shall be established. 2. The automated system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures. 3. The European agency for the operational management of large scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 shall be responsible for the preparation, development and the operational management of the central system and the communication infrastructure between the central system and the national infrastructures. 4. The national infrastructures shall be developed and managed by the Member States.rticle 44 deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 44 – title

~~Automated s~~System for registration, and monitoring ~~and the allocation~~ mechanism

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 44 – paragraph 1

1. For the purposes of the registration and monitoring ~~the share of applications for international protection pursuant to Article 22 and of the application of the allocation mechanism set out in Chapter VII an automated~~a system shall be established.

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 44 – paragraph 2

2. The ~~automated~~ system shall consist of the central system and the communication infrastructure between the central system and the national infrastructures.

2017/05/05
Committee: LIBE

2016/0133(COD)

József NAGY, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Article 45

Access to the automated system 1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5), Article 37(1) and point (h) of Article 39. 2. The European Union Agency for Asylum shall have access to the automated system for entering and adapting the reference key pursuant to Article 35(4) and for entering the information referred to in Article 22(3). 3. The information referred to in Article 23(2), Article 36(4) and point h of Article 39 shall be accessible for consultation only by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013]. 4. The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for entering and consulting the information referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 56(2).rticle 45 deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 45 – title

Access to the ~~automated~~ system

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 45 – paragraph 1

1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the ~~automated~~ system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5)~~, Article 37(1) and point (h) of Article 39~~.

2017/05/05
Committee: LIBE

2016/0133(COD)

Tomáš ZDECHOVSKÝ, Artis PABRIKS, József NAGY, Pál CSÁKY, Kinga GÁL, Andrea BOCSKOR, Vladimír MAŇKA, Olga SEHNALOVÁ, Miroslav POCHE, Pavel POC, Monika SMOLKOVÁ, Jan KELLER

Proposal for a regulation
Article 45 – paragraph 1

1. The competent asylum authorities of the Member States referred to in Article 47 shall have access to the automated system referred to in Article 44(1) for entering the information referred to in Article 20(7), Article 22(1), (4) and (5)~~, Article 37(1)~~ and point (h) of Article 39.

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 45 – paragraph 3

3. The information referred to in Article 23(2)~~, Article 36(4) and point h of Article 39 shall be accessible for consultation only~~ shall be accessible by the competent asylum authorities of the Member States referred to in Article 47 for the purposes of this Regulation and of Regulation [Proposal for a Regulation recasting Regulation (EU) No 603/2013].

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 47 – paragraph 1

1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests for information, requests to take charge, take back notifications ~~and, if applicable, complying with their obligations under the allocation mechanism~~ .

2017/05/05
Committee: LIBE

2016/0133(COD)

Mariya GABRIEL, Emil RADEV, Artis PABRIKS

Proposal for a regulation
Article 49 – paragraph 1 a (new)

That network shall promote the exchange of best practices concerning the examination of an asylum application by the competent authorities of Member States under this Regulation and initiate the training of the employees of those authorities.

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 50 – paragraph 2

2. The competent supervisory authority or authorities of each Member State shall monitor the lawfulness of the processing of personal data by the authorities referred to in Article 47 of the Member State in question~~, including of the transmission to and from the automated system referred to in Article 44(1) and to the authorities competent for carrying out checks referred to in Article 40~~.

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 53 – paragraph 2

By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 58 – paragraph 1

By [18 months after entry into force] and from then on annually, the Commission shall review the functioning of the corrective allocation mechanism set out in Chapter VII of this Regulation and in particular the thresholds set out in Article 34(2) and Article 43 thereof.deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 59 – paragraph 2

~~2. The European Union Agency for Asylum shall publish at quarterly intervals the information transmitted pursuant to Article 34(4). new~~deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Traian UNGUREANU, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Jussi HALLA-AHO, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Annex I

Formula for the reference key pursuant to Article 35 of the Regulation: Population effectMS27 GDP effectMS28 ShareMS = 50% Population effectMS + 50% GDP effectMS _________________ 27For three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments. 28For three Member States, participation depends on the exercise of rights as set out in the relevant Protocols and other instruments.deleted

2017/05/05
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Rachida DATI, Brice HORTEFEUX, Artis PABRIKS

Proposal for a regulation
Recital 10

(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data- subject before a comparison using a facial image only can be carried out where non- compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images ~~are used in combination with fingerprint data, it allows for the reduction~~with sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data, it should be possible to consider reducing the number of fingerprints registered ~~while~~, provided that this enabl~~ing~~es the same result in terms of accuracy of the identification.

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Jeroen LENAERS, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Recital 15

(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences as referred to in ~~Council Framework Decision 2002/475/JHA29~~Directive (EU) 2017/... of the European Parliament and of the Council [combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA] or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Jeroen LENAERS, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Recital 20

(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or, investigating or prosecuting terrorist offences or other serious criminal offences constitutes a ~~change~~further development of the original purpose of Eurodac~~, which~~. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any interferesnce with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac~~. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference~~ must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Recital 32

(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which ~~fingerprint and facial image~~biometric and alphanumeric data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of ~~fingerprint and facial image~~biometric and alphanumeric data.

2017/03/03
Committee: LIBE

2016/0132(COD)

Brice HORTEFEUX, Heinz K. BECKER, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Recital 33

(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of ~~five~~ten years should be considered a necessary period for the storage of ~~fingerprint and facial~~biometric and alphanumeric data. _________________ 35 OJ L 348, 24.12.2008, p.98 OJ L 348, 24.12.2008, p.98

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Jeroen LENAERS, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Article 1 – paragraph 1 – point c

(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Jeroen LENAERS, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Article 3 – paragraph 1 – point k

(k) 'law enforcement' means the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences;

2017/03/03
Committee: LIBE

2016/0132(COD)

Monika HOHLMEIER, Heinz K. BECKER, Jeroen LENAERS, Rachida DATI, Brice HORTEFEUX, Mariya GABRIEL, Artis PABRIKS

Proposal for a regulation
Article 3 – paragraph 1 – point l

(l) 'terrorist offences' means the offences ~~under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;~~referred to in Articles 3 to 12 of Directive (EU) 2017/... of the European Parliament and of the Council [on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA].

2017/03/03
Committee: LIBE

2015/2342(INI)

Draft opinion
Paragraph 1

1. whereas the humanitarian crisis affecting more than 65.3 million ‘displaced’ persons1 ~~means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw~~; _________________ 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html

2016/12/08
Committee: LIBE

2015/2342(INI)

Draft opinion
Paragraph 4

~~4. Calls on the European Union to open up legal and safe routes for migrants and refugees;~~deleted

2016/12/08
Committee: LIBE

2015/2342(INI)

Draft opinion
Paragraph 5

5. Calls for international protection to be provided to people fleeing conflicts~~, including through resettlement programmes and humanitarian visas~~ and calls on third countries to establish functioning asylum system and in this regard calls on the EU to provide necessary assistance;

2016/12/08
Committee: LIBE

2015/2342(INI)

Draft opinion
Paragraph 6

6. ICalls con~~cerned by the growing tendency~~ the EU to make all EU policies conditional on management of migration flows and ~~denounces the~~stresses the importance of making use of development and humanitarian aid funds in this area;

2016/12/08
Committee: LIBE

2015/2342(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Draft opinion
Paragraph 9

9. Expresses its concern about the ~~treatmen~~lack of cooperation of third countries of origin and transit ofn migrants who arshould be sent back to their country of origin or to a third country;

2016/12/08
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 1

— having regard to the ~~Charter of Fundamental Rights of the European Union~~Geneva Convention of 1951 and the additional protocol thereto,

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 2

— having regard to the ~~European Convention for the Protection of Human Rights and Fundamental Freedoms~~Universal Declaration of Human Rights of 1948,

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 3

— having regard to the ~~Universal Declaration of Human Rights of 1948~~Charter of Fundamental Rights of the European Union,

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 4

— having regard to the ~~Geneva~~European Convention ~~of 1951 and the additional protocol thereto~~for the Protection of Human Rights and Fundamental Freedoms,

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Bendt BENDTSEN

Motion for a resolution
Citation 43

— having regard to the Policy Department C studies on the implementation of Article 80 TFEU, on new approaches, alternative avenues and means of access to asylum procedures for persons seeking international protection, on exploring new avenues for legislation for labour migration to the EU, on enhancing the Common European Asylum System and Alternatives to Dublin, and on EU cooperation with third countries in the field of migration, and having regard to the Policy Department D study on EU funds for Migration policies: Analysis of Efficiency and best practice for the future, and to the Policy Department EXPO study on Migrants in the Mediterranean: protecting human rights,deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 44 a (new)

- having regard to the work, reports and resolutions of the Council of Europe,

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 52

~~— having regard to the working document on Article 80 – Solidarity and fair sharing of responsibility, including search and rescue obligations,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 53

~~— having regard to the working document on tackling criminal smuggling, trafficking and labour exploitation of irregular migrants,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 54

~~— having regard to the working document on border management and visa-policy, including the role of Frontex and other relevant agencies,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 55

— having regard to the working document on developing safe and lawful routes for asylum seekers and refugees into the EU, including the Union resettlement policy and corresponding integration policies,deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 56

~~— having regard to the working document on developing adequate legal economic migration channels,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 57

~~— having regard to the working document on the EU internal and external funding related to its migration and asylum policy,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 58

~~— having regard to the working document on effective implementation of the Common European Asylum System (CEAS), including the role of EASO,~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Citation 60

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on Budget, the Committee on Employment and Social Affairs, the Committee on Transport and Tourism, the Committee on Regional Development, the Committee on Women’s Rights and Gender Equality and the Committee on Petitions (A8-0000/2016),deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital B

B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularly the EU’s external borders, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; and whereas, according to the preliminary data available, the percentage of Syrians vary from 26% to 50% of all arrivals in the EU in 20156a ; and whereas a large number of counterfeit Syrian passports poses a serious challenge for proper identity checks; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf. 6aInternational Centre for Migration policy Development, http://www.icmpd.org/news-centre/2015- in-review-infographic/ ; Frontex, http://frontex.europa.eu/assets/Publicatio ns/Risk_Analysis/FRAN_Q3_2015.pdf

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Subheading 1

Article 80 TFEU – Solidarity and fair sharing of responsibility~~, including search and rescue obligations~~

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital F

F. whereas solidarity ~~can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decis~~may be expressed in many different ways besides CEAS provisions such as financial assistance, human resources, equipment, training and other operational support measures and should be addressed at a global and universal level given the challenges with which Europe is not capable to cope alone; whereas voluntary relocations, operational support measures, financial support measures, a pro-active interpretation and implementation of the current Dublin Regulation and the Temporary Protection Directive ~~are all tools for internal solidarity, while~~, voluntary resettlement, humanitarian admission and search and rescue ~~at sea promote external~~operations at sea are all tools that can be used by the Member States to demonstrate their solidarity;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital J

J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management ofand protection of the Union's external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital K

K. whereas the current Visa Code allows Member States to deviate from the ~~normal~~standard admissibility criteria for a visa application in exceptional cases with limited territorial validity ‘on humanitarian grounds’ (as defined in Articles 19 and 25);

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Subheading 4

Developing sustainable asylum policy that could include safe and lawful routes for asylum seekers and refugees ~~into the EU, including the Union resettlement policy and corresponding integration policies~~

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital L a (new)

L a. whereas the current migration crisis is a global challenge that requires a global action;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital M

M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of ~~new~~ safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, ~~would~~may allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital O

O. whereas individual Member States continue to develop intense external action on migration at the bilateral level; what is due to the lack of common action at the external level, and the large influx of asylum seekers and associated additional challenges;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital P a (new)

P a. whereas a functioning return policy through readmission agreements should be an integral part of cooperation with third countries;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital Q

Q. whereas the working-age population in the EU is projected to decline by 7.5 million by 2020; whereas projections on the development of labour market needs in the EU points to emerging and future shortages in specific fields; and whereas third-country nationals face many difficulties in obtaining recognition of their foreign qualifications~~, and therefore tend to be over-qualified for their jobs~~;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital R

R. whereas the current EU approach to labour migration is fragmented, with numerous directives focusing on specific categories of workers and of third-country nationals who are, under certain conditions, allowed to work; ~~and whereas this approach can only serve to meet short- term, specific needs;~~

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital R a (new)

R a. whereas legal migration for labour market needs, based on the principle of subsidiarity, is and should remain a national competence of the EU Member States;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Bendt BENDTSEN

Motion for a resolution
Recital T

T. whereas the existing fragmentation of budget lines and responsibilities can make it difficult to provide a comprehensive overview of how funds are used, and even to quantify exactly how much the EU spends on migration;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital U

U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation ~~is essential in order to harmonise national laws and promote solidarity among Member States~~of existing rules is essential, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; ~~whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;~~

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Recital V

V. whereas the current mechanisms of the Dublin system have sometimes failed to be objective, to establish fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being effectively applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR

Motion for a resolution
Paragraph 1

1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; acknowledges that solidarity as a principle must be voluntary, taking into account each Member States capacity and available resources to participate in joint efforts;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 2

2. Starts from the premise that saving lives must be a first priority and ~~that~~ proper funding, at Union and Member State level, for search and rescue operations is essential along with proper and effective external border controls; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 3

3. Recalls that the saving of lives is a~~n act of solidarity with those at risk, but that it is also~~ moral and a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 4

4. Takes the view that a ~~permanent,~~ robust and effective Union response in search and rescue operations at sea is crucial to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 5

5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to ~~finding,~~ rescuing and assisting migrants in peril and bringing them to the closest place of safety;

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Subheading 11

On tackling human trafficking and ~~criminal~~ smuggling

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 10

10. Underlines that military operations should ~~not be the predominate aspec~~be a considerable part of any holistic approach to migration and reiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Subheading 12

On the role of Union agencies in the fight against ~~criminal smuggl~~smuggling and human trafficking

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses the need to develop joint measures in close cooperation with the relevant EU agencies against criminal networks of migrant traffickers, in order to prevent them from financially benefiting from placing lives at risk, including freezing and confiscating their assets;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Kinga GÁL, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Bendt BENDTSEN, Csaba SÓGOR

Motion for a resolution
Paragraph 13

13. Recalls that the process of relocation – that is to say, transferring an applicant for international protection~~, or a beneficiary of international protection,~~ from one Member State to another – is a practical example of solidarity within the Union; ~~recalls, in addition, that, since 2009, Parliament has been calling for a binding mechanism for the distribution of asylum seekers among all the Member States;~~

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Understands the need of coordinated relocation in EU level; at the same time believes that relocation should be implemented on a voluntary basis, preserving the rights of each Member State to decide on relocation activities, depending on its integration capacity and historical aspects;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Bendt BENDTSEN

Motion for a resolution
Paragraph 14

14. Notes that, within the last year, the Council has adopted two decisions on temporary relocation measures in the Union (‘Relocation Decisions’)9 , and that they involve the transfer of applicants of international protection from Greece and Italy to other Member States; observes that, although the Relocation Decisions do not end the current Dublin rules on allocation of responsibility, they do constitute a ‘temporary derogation’ from the Dublin rules but should be assessed on individual basis and circumstances; __________________ 9 Council Decision (EU) 2015/1523 and Council Decision (EU) 2015/1601.

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 15

15. Takes the view that the ~~establishment of urgent~~voluntary relocation measures isagreed are a move in the right direction of mutual solidarity, and calls on Member States to fulfil their obligations with regard to th~~ose~~e agreed measures as soon as possible;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 16

16. Recalls that, for the purposes of the Rrelocation ~~Decisions~~measures taken by the Council, relocation ~~will~~may cover only those nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months, on the basis of Eurostat data; notes that the Relocation Decisions will affect a relatively small number of people, and will leave out the large numbers of applicants originating from other third countries who cannot be relocated under those decisions;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR

Motion for a resolution
Paragraph 18

18. Is of the opinion that, ~~in addition to~~ the criteria contained in the ~~Relocation Decisions~~Council Decisions on relocations from Italy and Greece, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, ~~consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member State~~must be reviewed, taking into account specific national circumstances, such as reception, absorption and integration capacity, labour market absorption capacity, historical factors and number of past migrants which goes beyond the 2010- 2014 timeframe laid down in the European Agenda on Migration;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Bendt BENDTSEN

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses that any automated decision making procedure in order to activate the relocation mechanism of asylum seekers is not acceptable;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Pál CSÁKY, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 20

20. Takes the view that resettlement i~~s one of the preferred~~n cooperation with UNHCR if a Member State so decides is one of options for granting safe and lawful access ~~to the Union~~ for refugees and those in need of international protection, where it is clear that in long term the refugees can neither return to their home countries nor receive effective protection or be integrated into the host country;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 21

21. Observes, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons in need of international protection onto Member State territories; notes that Member States already now can choose to use this tool;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 22

22. ~~Points out that, given~~Notes the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection in the Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Kinga GÁL, Artis PABRIKS, Andrea BOCSKOR, Pál CSÁKY, Inese VAIDERE

Motion for a resolution
Paragraph 23

23. Underlines that ~~there is a need for a permanent~~a Union-wide resettlement programme~~, with mandato~~ can only be based on voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 23

23. Underlines that there is a need for a ~~permanent~~n Union-wide resettlement programme, with ~~mandato~~voluntary participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Pál CSÁKY, Andrea BOCSKOR, Sandra KALNIETE

Motion for a resolution
Paragraph 23

23. Underlines that there is a need for a ~~permanent~~n Union-wide resettlement programme, with ~~mandatory~~ participation by Member States, providing resettlement for a meaningful number of refugees, having regard to the overall number of refugees seeking protection in the Union; while taking into account the capacity of Member States to provide adequate reception conditions, integration opportunities in society and labour market;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 23 a (new)

23a. Acknowledges that such resettlement programme should be on voluntary basis to encourage greater solidarity among the Member States;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 24

24. Points out that humanitarian admission, which Member States can already choose to apply, can be used as a complement to resettlement in order to give urgent protection, often on a temporary basis, to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Sandra KALNIETE

Motion for a resolution
Paragraph 25

25. Underlines that, in so far as resettlement remains ~~unavailable~~limited for third- country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes; taking into account the capacity of Member States to provide adequate reception conditions and integration opportunities in society and labour market;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 27

27. Points out that further steps are necessary to ensure that the CEAS becomes a truly uniform system while respecting subsidiarity and proportionality principles;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Pál CSÁKY, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 28

28. Recalls that a comprehensive assessment (in the form of the Commission’s evaluation reports) of the implementation of this package, followed by a speedy follow-up in case implementation is unsatisfactory in certain Member States, is absolutely necessary in order to improve ~~harmonisation~~swift processing of asylum applications and returns;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 30

30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to its implementation, fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced in crisis situations by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 33

33. Recommends that the criteria on which the Rrelocation ~~Decisions are based should b~~s of asylum seekers from Italy and Greece were based should be further evaluated before they are built directly into the Union’s standard rules for voluntary allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 34

34. Takes the view that the European Union should support the frontline Member States having external borders as well as those Member States receiving the most asylum claims with proportionate and adequate financial and technical support; considers that the rationale of using solidarity and responsibility-sharing measures is to enhance the quality and functioning of the CEAS;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 35

35. Points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’ from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate the key concepts of family unity and the best interests of the child;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Subheading 19

~~On mutual recognition~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Kinga GÁL, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 36

36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive asylum decisions is a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Union’;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 36

36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that ~~mutual recognition by Member States of positive~~Member States have the right to review asylum decisions is ~~a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Un~~sued by another MS, using the initial decision as a recommendation’;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 40

40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 ~~– this should also include effective access to democratic structures in society~~; notes that refugees have not only rights but also obligations towards the hosting Member State; emphasises that integration is a two- way process and that respect for the values upon which the EU isand its Member States are built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 40 a (new)

40 a. Emphasises that those granted asylum in an EU Member State should fully respect the principles, values, rules and laws of the Union and the Member State that has granted international protection;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Inese VAIDERE, Traian UNGUREANU, Pál CSÁKY, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 43

43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; notes however the high number of unemployment among EU citizens in several Member States; points out that as of November 2015 the youth unemployment rate across all the Member States stood at 20%;

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 44 a (new)

44 a. Acknowledges the importance of integration at the same time stresses the need to protect and defend the values and identity of EU and its Member States; is of believe that every migrant has the obligation to accept and respect European values;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 46

46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification in full respect of the national legislation;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 48

48. ~~Understand~~Emphasises that the safe and swift return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE

Motion for a resolution
Paragraph 48

48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; understands that effective and functioning return policies may facilitate public acceptance of CEAS;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 49

49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is an urgent need to improve the effectiveness of the Union’s return system;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Paragraph 51 a (new)

51 a. Supports all measures aimed to the fastest possible identification of persons, distinguishing those persons who genuinely need international protection from those who do not have legal grounds to stay in the European Union;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Krišjānis KARIŅŠ, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 61 a (new)

61 a. Acknowledges that without strong and well protected Union's external borders there is no possibility to ensure safety within and fully implement CEAS;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 65

65. ~~Accept~~Emphasises that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 74

74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need and identify those who do not qualify for international protection; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 78

78. Underlines that another crucial step in dismantling ~~criminal~~ smuggling and trafficking networks is to prioritise financial investigations, as tracking and confiscating the profits and assets of those criminal networks is essential if they are to be weakened and eventually dismantled; calls, in this regard, for the Member States to transpose swiftly and effectively the fourth Anti-Money Laundering Directive;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 80

80. Points out that the Global Approach to Migration and Mobility (GAMM) pillar on asylum and international protection should be developed further, with greater involvement of third countries; notes that current actions in this field, under Regional Protection Programmes (RPPs) or Regional Development and Protection Programmes (RDPPs), focus on capacity building to tackle criminal smuggling and human trafficking networks within third countries of origin and transit; notes, at the same time, that the voluntary resettlement component of these programmes continues to be weak; believes that capacity-building efforts and resettlement activities should be stepped up and carried out together with third countries hosting large refugee populations;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 89 a (new)

89a. Acknowledges that tackling the 'push factors' is a global responsibility and cannot be seen solely as the responsibility of the European Union, while the Union must still do its utmost to address root causes;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 90

90. Recalls that the UN Special Rapporteur on the Human Rights of Migrants has also called on the Union to open up regular migration channels so as to allow migrants to use formal entry and exit channels instead of having to resort to criminal smuggling networks;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 92

92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe and the rest of the world looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 95

95. Recommends that, in line with the GAMM, the four thematic pillars addressing (i) legal migration and mobility, (ii) irregular migration and trafficking in human beings, (iii) international protection, and (iv) the development impact of migration should be of equal importance in Union external policy and funding; stresses that funding to third countries under various programmes should be assessed in light of their respect to the EU's efforts of migration management - including developing their asylum systems and facilitating returns of their citizens;

2016/02/22
Committee: LIBE

2015/2095(INI)

Kinga GÁL, Andrea BOCSKOR, Artis PABRIKS, Inese VAIDERE, Pál CSÁKY, Traian UNGUREANU

Motion for a resolution
Paragraph 104

104. Notes that, prior the increased migratory flows into the Union in 2015, according to an OECD and Commission study of 2014, the working-age population (15-64) in the Union will decline by 7.5 million between 2013 and 2020, and that if net migration were to be excluded from their projections, the decline would be even more pronounced, as it would amount to a reduction of the working age population by 11.7 million;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Kinga GÁL, Artis PABRIKS, Andrea BOCSKOR, Pál CSÁKY

Motion for a resolution
Paragraph 105

~~105. Points out, nevertheless, that, as of November 2015, the youth unemployment rate across all the Member States stood at 20 %;~~deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Kinga GÁL, Artis PABRIKS, Andrea BOCSKOR, Pál CSÁKY, Traian UNGUREANU

Motion for a resolution
Paragraph 106

106. Further notes that, according to recent Eurostat projections, the ratio of people aged 65 or older, relative to those aged 15 to 64, will increase from 27.5 % at the beginning of 2013 to almost 50 % by 2050; notes that this would mean a change from the present ratio of four working-age persons for every person aged 65 or older to only two working-age persons for everyone aged 65 or older;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Pál CSÁKY, Tomáš ZDECHOVSKÝ, Kinga GÁL, Inese VAIDERE, Traian UNGUREANU, Andrea BOCSKOR, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 109

109. Points out that the Europe 2020 strategy has identified the need for a comprehensive labour migration policy, and for better integration of migrants, in order to meet the Union’s goals for smart, sustainable and inclusive growth; this should be done in full respect of the principle of subsidiarity;

2016/02/22
Committee: LIBE

2015/2095(INI)

Kinga GÁL, Artis PABRIKS, Andrea BOCSKOR, Pál CSÁKY, Traian UNGUREANU

Motion for a resolution
Paragraph 111

111. Takes the view that, in the long run, the Union will need to establish more general rules governing the entry and residence for those third-country nationals seeking employment in the Union to fill the gaps identified in the Union labour market;deleted

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Krišjānis KARIŅŠ, Tomáš ZDECHOVSKÝ, Sandra KALNIETE, Csaba SÓGOR, Bendt BENDTSEN, Inese VAIDERE

Motion for a resolution
Paragraph 112

112. ~~Calls for a comprehensive vision of the labour market in the Union as a necessary pre-condition for the development of labour market policies; p~~Points out that it is necessary to develop tools for identifying and forecasting present and future labour market needs in the ~~Union~~Member States in a better way; suggests, in that regard, that existing tools – such as those developed by the European Centre for the Development of Vocational Training (CEDEFOP) or the OECD – could be improved upon, and even merged, with international statistics on potential labour supply from third countries in order to provide a more accurate picture of the situation;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Subheading 41

On ~~labour exploitation~~forced labour

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Paragraph 115

115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in ~~labour exploitation~~forced labour, in particular in sectors most at risk (agriculture, fishing, construction, manufacturing, hotels and restaurants, domestic work~~ers~~ and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law and, secondly, to increase labour inspectionso ensure that forced labour is criminalised and punished under national law and that Member States provide adequate powers to competent authorities to carry out inspections, while sufficient staff are available with the skills and qualifications needed to carry out targeted inspections effectively in at-risk sectors;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Artis PABRIKS

Motion for a resolution
Paragraph 117

117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘Employers’ Sanctions Directive’) should be fully implemented and correctly applied in practice; believes that increased protection for those vEncourages the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2012-2016 EU Strategy towards the Eradicatimson of tTrafficking~~, and for those smuggled into the Union, who cooperate and facilitate prosecution of traffickers and/or criminal smugglers, is necessary; suggests that, in addition, support s~~ in Human Beings) which should improve cooperation with businesses and other stakehould ~~be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy agains~~ers, respond to emerging challenges and discuss measures to prevent Ttrafficking in Hhuman Bbeings~~) with the purpose of developing supply chains that do not involve trafficking in human being~~, in particular in high-risk areas;

2016/02/22
Committee: LIBE

2015/2095(INI)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Inese VAIDERE, Traian UNGUREANU, Csaba SÓGOR, Bendt BENDTSEN

Motion for a resolution
Paragraph 121

121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupations where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;

2016/02/22
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Recital 17

(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency ~~and require t~~. For the adoption of such measures, given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concerned should be required to cooperate with the Agency in the implementation of those measures. The European Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Co~~mmission~~uncil decision, and an operational plan should be drawn up with the Member State concerned.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Recital 31

(31) In order to ensure the uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.18 __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)

(14a) ‘third parties’ shall be the legal entities recognised as such by the Member States or International Organisations.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 5 – paragraph 2

2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency. Member States shall as well, in their interests and in interest of all Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and entered lawfully.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1

Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area as an area without internal border control, the Commission, after consulting the Agency, may ~~adopt a decision by means of~~present to the Council a proposal for an implementing ~~act~~decision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Th~~ose~~at implementing ~~acts~~decision shall be adopted ~~in accordance with the examination procedure referred to in Article 79(2)~~by the Council with a qualified majority vote.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2

~~On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission~~The Council shall ~~adop~~meet immediately ~~applicable implementing acts in accordance with the procedure referred to in Article 79(5)~~following receipt of the Commission proposal.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 19 – paragraph 5

5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 38 – paragraph 1 a (new)

1a. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 41 – paragraph 2

2. Where such damage is caused by gross negligence or willful misconduct~~, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State~~ or in excess of duty, the victims or persons entitled shall be compensated by the Agency.

2016/04/21
Committee: LIBE

2015/0310(COD)

Artis PABRIKS, Monika HOHLMEIER, Jeroen LENAERS, Kinga GÁL

Proposal for a regulation
Article 79

1. The Commission shall be assisted by the committee established by Article 33a of Regulation (EC) No 562/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or two-thirds of the committee members so request. 4. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.Article 79 deleted Committee Procedure

2016/04/21
Committee: LIBE

2015/0125(NLE)

Pál CSÁKY, Artis PABRIKS, Tomáš ZDECHOVSKÝ

Proposal for a decision
Recital 5 a (new)

(5a) Having regard to the Council Conclusions of 25-26 June 2015, this emergency mechanism should encourage greater solidarity and participation among all Member States.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Pál CSÁKY, Artis PABRIKS, Tomáš ZDECHOVSKÝ

Proposal for a decision
Recital 20

(20) In line with the Annex to the Communication from the Commission on the European Agenda on Migration1, the proposed distribution key should be based on a) the size of the population (40% weighting), b) the total of the GDP (40% weighting), c) the average number of spontaneous asylum applications and the number of resettled refugees per one million inhabitants over the period 2010- 2014 (10% weighting) and d) the unemployment rate (10% weighting). In addition, taking into account the complexity of the issue, other elements of the distribution key should include Member State specific conditions, such as the number of migrants already in the Member State and historic immigration. The distribution keys set out in Annex I and Annex II of this Decision take into account the fact that the Member States from which relocation will take place should not themselves contribute as a Member State of relocation. 1 COM (2015) 240 final.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Proposal for a decision
Article 3 – paragraph 1

1. Relocation shall only take place on voluntary basis in respect of applicants whose applications for international protection shall in principle be examined by Italy and Greece pursuant to the criteria for determining the Member State responsible set out in Chapter III of Regulation (EU) No 604/2013.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Pál CSÁKY, Artis PABRIKS

Proposal for a decision
Article 5 – paragraph 3

3. As soon as possible after receiving the information referred to in paragraph 2, Member States shall indicate the number of applicants who can be relocated immediately to their territory and any other relevant information, within the numbers set out in Annex I and Annex II respectively. Taking into account the rapidly changing situation in EU's neighbourhood, the Member States should have the right to review every three months the number of applicants who can be relocated immediately in its territory.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Heinz K. BECKER, Pál CSÁKY, Artis PABRIKS, Tomáš ZDECHOVSKÝ

Proposal for a decision
Article 8 – paragraph 1

1. Italy and Greece shall each, within one month of entry into force of this Decision, present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Special attention should be given to strict return policy. Italy and Greece shall fully implement this roadmap.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Pál CSÁKY, Artis PABRIKS

Proposal for a decision
Article 8 – paragraph 2

2. If Italy or Greece does not comply with the obligation referred to in paragraph 1, the Commission may decide to suspend this Decision with regard to that Member State for a period of up to three months. The Commission may decide ~~once to~~to further extend such suspension for a ~~further~~dditional period of up to three months, until the obligation referred to in paragraph 1 is met.

2015/07/14
Committee: LIBE

2015/0125(NLE)

Proposal for a decision
Article 9

In the event of an emergency situation characterised by a sudden inflow of nationals of third countries in a Member State of relocation, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, pursuant to Article 78(3) of the Treaty. Such measures may in addition include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.

2015/07/14
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital B

B. whereas establishing an area of freedom, security and justice as described in Title V of the Treaty on the Functioning of the European Union (TFEU) requires the EU and each Member State to uphold fundamental rights ~~in full~~;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital C

C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has ~~seriously compromised~~had an impact on the wellbeing of citizens and their fundamental rights;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital D

~~D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter security;~~deleted

2015/05/18
Committee: LIBE

2014/2254(INI)

Monika HOHLMEIER, Artis PABRIKS, Timothy KIRKHOPE

Motion for a resolution
Paragraph 3

3. Welcomes the appointment of the first Vice-President of the Commission with powers relating to respect for the rule of law and the Charter, and expects to see an internal strategy on fundamental rights based on Article 2 TEU adopted in the near future, in close cooperation with the other institutions and in consultation with civil society and other interested parties;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 4

4. Urges the Commission to ensure that any such internal strategy is accompanied by an action plan, in order to supplement and strengthen the Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategy should: (a) make provision for an annual policy cycle that monitors its application, taking account of the results of annual and specific reports from the various parties involved, institutional and otherwise, and contribute towards improving coordination between those involved and the drafting of policies on the basis of greater transparency and dialogue; (b) develop a pro-active plan of action consistent with the principle of subsidiarity that: – lays down the measures to be taken in order to enforce all the rights and principles laid down by the Charter, for example by identifying areas in which reforms are necessary, introducing new standards, improving monitoring and ensuring more effective application of existing standards; – stipulates that all European policies and actions, including in the economic sphere, and all EU-funded measures must undergo a detailed ex ante and ex post assessment of their impact on fundamental rights; (c) develop, in cooperation with the FRA, a database that collates and publishes data on the situation regarding fundamental rights in the EU and in individual Member States; reiterates, in that connection, the need for the Commission to propose a revision of the FRA Regulation in order to grant the FRA wider powers; (d) broaden the scope of the EU Justice Scoreboard to cover the assessment of criminal justice systems and of efforts to uphold fundamental rights and the rule of law;deleted

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 5

5. Notes the Commission's Communication on a new EU Framework to strengthen the rule of law; considers, however, that the proposed mechanism ~~will~~may not ~~act as~~be a sufficient deterrent when it comes to preventing and resolving fundamental rights violations in Member States;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 6 – point a

~~(a) making it part of the internal strategy on fundamental rights;~~deleted

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 6 – point c

(c) ensuring the ~~full~~ involvement, ~~at the launch and dialogue stages, not only~~ of the Commission and the Member State in question, ~~but~~and also of the European Parliament, the Council, national parliaments, the FRA and civil society~~, and guaranteeing the use of all available data~~;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 6 – point d

(d) ensuring that Article 7 TEU is implemented ~~automatically~~, should such a mechanism fail, and that the possibility of ~~imposing~~ further penalties in keeping with European law is considered;

2015/05/18
Committee: LIBE

2014/2254(INI)

Marine LE PEN, Edouard FERRAND, Gilles LEBRETON, Branislav ŠKRIPEK, Artis PABRIKS

Motion for a resolution
Paragraph 8

8. Deplores the fact that ~~even today people~~there are cases when persons belonging to minorities are ~~still~~ victims of discrimination;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 9

9. Strongly deplores the stalling of negotiations with the Council on the proposal for an anti-discrimination directive and restates its appeal to the Council to adopt the proposal as soon as possible;deleted

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 10

10. Urges the EU and the Member States to ban ~~all~~ discrimination on grounds of gender ~~identity~~ and to combat and prosecute all forms of violence and discrimination against women;

2015/05/12
Committee: LIBE

2014/2254(INI)

Artis PABRIKS, Emil RADEV, Barbara MATERA, Pál CSÁKY

Motion for a resolution
Paragraph 16

~~16. Calls for an investigation into the use of funds earmarked for home affairs;~~deleted

2015/05/19
Committee: LIBE

2014/2228(INI)

Draft opinion
Recital B

B. whereas ongoing negotiations on international trade agreements, including the Transatlantic Trade and Investment Partnership (TTIP), and also the Trade in Services Agreement (TiSA), clearly touch upon international data flows and data processing, including the processing and transfer of personal data;deleted

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 1

1. Believes that the agreement should guarantee ~~full~~ respect for EU fundamental rights standards ~~through the inclusion of a human rights clause as a standard part of EU trade agreements with third countries~~;

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 2

2. Recalls its resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs1; recalls that the consent of the European Parliament to the final TTIP agreement could be endangered as long as the blanket mass surveillance activities are not completely abandoned and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress; __________________ 1deleted Texts adopted, P7_TA(2014)0230.

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 4

4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touch upon the flow of personal data provided that the full application of EU data protection rules is guaranteed; ~~is seriously concerned about the TiSA draft text, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countries;~~

2015/01/29
Committee: LIBE

2014/2228(INI)

Draft opinion
Paragraph 6

6. Recalls that decisions on legal conflicts about fundamental rights may only be made by competent ordinary courts; is concerned that provisions on investor- state dispute settlement (ISDS) may prevent access to justice and undermine democracy;deleted

2015/01/29
Committee: LIBE

2014/2228(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas the successful establishment of a trans-atlantic market would offer the historic chance for both the EU and the US to define "Golden Standards" in the next phase of globalisation together with traditional and likeminded partners, based on similar values, thus fostering security and cooperation with trans-atlantic partners in a world of increasing conflicts and insecurity around Europe, rather than leaving geo-political importance to the trans-pacific region and consequently weakening Europe's position while its values and security are increasingly endangered by several conflicts.

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Recital E

E. whereas ~~many~~ economic impact studies on TTIP ~~should be taken with caution as they are built on~~that are built on the most suitable computable general equilibrium economic models ~~with very optimistic predictions ab~~should be taken into account the ~~capacity~~with regard to the ambition of the EU and the US to reduce tariffs, non-tariff and regulatory barriers to trade; whereas the TTIP ~~alone will not resolve~~will give the necessary boost to economic pgro~~blems in the EU and no false hopes and expectations should be raised in that respect;~~wth and set rules and standards for our other economic partners globally

2015/03/30
Committee: INTA

2014/2228(INI)

Christofer FJELLNER, Artis PABRIKS

Motion for a resolution
Recital G

~~G. whereas the secret character of negotiations as they have been conducted in the past has led to deficiencies in terms of democratic control of the negotiation process;~~deleted

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Recital K

K. whereas since July 2013 talks between the US and the EU have been going on, but up to now no common text has been agreed and it is now exactly the right time to undertake a reflection on the state of play without drawing new red lines;

2015/03/30
Committee: INTA

2014/2228(INI)

Christofer FJELLNER, Artis PABRIKS

Motion for a resolution
Paragraph 1 – point b – point iv

(iv) toin the context of the volume and significance of transatlantic trade in services, further increase of market access for services ~~according to the ‘posi~~, should be facilitated by means of the "Negative lList aApproach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public control;", to ensure that new and innovative services entering the market will be automatically covered and not be hampered by complex and bureaucratic procedures.

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point b – point vii a (new)

(viia) to ensure that TTIP is in alignment with the EU and US' commitments already set out in the joint declaration from April 4, 2011, allowing for the full functioning of the digital ecosystem, and promoting the cross-border data flows processed for legitimate purposes; to ensure that provisions under TTIP shall not prevent service suppliers of the parties or customers of those suppliers from electronically transferring information internally or across borders, accessing publicly available information, or accessing their own information stored in other countries; to ensure that TTIP prohibits any requirements on ICT service suppliers to use local infrastructure, or establish a local presence, as a condition of supplying services 1 a ; __________________ 1a "European Union-United States Trade Principles for Information and Communication Technology Services", April 14th, 2011. http://trade.ec.europa.eu/doclib/docs/2011 /april/tradoc_147780.pdf

2015/03/30
Committee: INTA

2014/2228(INI)

Godelieve QUISTHOUDT-ROWOHL, Iuliu WINKLER, Artis PABRIKS, Daniel CASPARY, Christofer FJELLNER

Motion for a resolution
Paragraph 1 – point b – point viii

(viii) to ensure ~~that the EU’s acquis on data privacy is not compromised through the~~ liberalisation of cross- border data flows, in particularly in the area of e-commerce and financial services~~; to ensure that no commitments on data flows are taken up before European~~, while providing adequate data protection and full compliance with the EU data protection legislation ~~is in place;~~.

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point b – point xiv

(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches and establishing effective rules of origin; given the conclusion of the negotiations for the Comprehensive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, the possibility and scope of cumulation will need to be considered;

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point ii

(ii) to ensure that the sustainable development chapter aims at the full and effective ratification, implementation and enforcement of the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvementstresses that the EU and the US share the same environmental social and labour objectives; even if the legal status of respective international conventions differs;

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point iv

(iv) to ensure that labour and environmental standards are ~~made enforceable, by building on the good experience of the EU-Korea free trade agreement and good and~~given a chance to be effective in practice~~s in the US’s free trade agreements and national legislation;~~ by means of a dedicated dispute settlement mechanism,

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point v

(v) to ensure that employees of transatlantic companies, registered under EU member state law, have access to information and consultation in line with the European works council directive;

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point vi

(vi) to ensure that the ~~economic, social and environmental impact of TTIP is examined through a thorough trade sustainability impact assessment with clear involvement of stakeholders and civil society;~~sustainability impact of TTIP implementation on economy and society is examined also by means of a thorough and objective trade sustainability impact assessment, involving all relevant parties in the sectorial context.

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point xiv

(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved without the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputesby the inclusion of a sound and modernised ISDS mechanism;

2015/03/30
Committee: INTA

2014/2228(INI)

Motion for a resolution
Paragraph 1 – point d – point xvi

(xvi) to ensure that the IPR chapter ~~does not include provisions on criminal sanctions as a tool for enforcement, as having been previously rejected by Parliament;~~has the WTO Agreement on Trade related Aspects of Intellectual Property (TRIPS) as the starting point for protection of intellectual property rights; negotiators are encouraged to identify and address areas in which protection and/ or enforcement of IP Rights need to be upgraded.

2015/03/30
Committee: INTA

2014/2228(INI)