49 Amendments of Dominique BILDE related to 2017/0220(COD)
Amendment 18 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is appropriate to set a minimum age for supporting an initiative. To achieve the full potential of the European citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at Union level especially among young European citizens, that agee age at which registration of an initiative may be requested should be set at 16 years8.
Amendment 21 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure that an initiative is representative of a Union interest while ensuring that the instrument remains easy to use the minimum number of Member States from which citizens must come should be set at one quarter of Member Statesfive.
Amendment 22 #
Proposal for a regulation
Recital 11
Recital 11
(11) Every citizen of the Union should have the right to support an initiative on paper or online, under similar conditions regardless if he or she is a citizen of thea Member State of nationality or residence.
Amendment 23 #
Proposal for a regulation
Recital 12
Recital 12
(12) While personal data processed in application of this Regulation might include sensitive personal data, given the nature of the European citizens’ initiative as a participatory democracy instrument, it is justified to require the provision of personal data to support an initiative and to process such data as far as it is necessary in order to allow statements of support to be verified in accordance with national law and practice, though personal data should be processed as carefully as possible, in particular as regards the public disclosure and internet posting of personal identifiers, since some citizens’ initiatives concern sensitive issues relating to the political or religious views of the organisers of initiatives and/or signatories thereto.
Amendment 25 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to make the European citizens’ initiative more accessible and to provide support to citizens and organisers, the Commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the European citizens’ initiative. To ensure proximity to citizens, Member States should establish one or more contact pointplatforms in their respective territories to provide citizens with information and assistance regarding the European citizens’ initiative.
Amendment 26 #
Proposal for a regulation
Recital 14
Recital 14
(14) A minimum organised structure is needed in order to launch and manage citizens’ initiatives successfully. That structure should take the form of a group of organisers, composed of natural persons who are citizens of and resident in at least sefiven different Member States, in order to encourage the emergence of Union-wide issues and to foster reflection on those issues. For the sake of transparency and smooth and efficient communication, the group of organisers should designate a representative to liaise between the group of organisers and the institutions of the Union throughout the procedure. The group of organisers should have the possibility to create, in accordance with the national law, a legal entity of the Member State of residence, a legal entity, in particular an association, to manage an initiative. That legal entity should be considered as the group of organisers for the purposes of this Regulation.
Amendment 27 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the Treaties and this Regulation, initiatives that comply with the conditions laid down in this Regulation should be registered by the Commission before collecting statements of support from citizens. The Commission should deal with registration in accordance with the general principles of good administration and notify organisers as soon as possible of its decision to register an initiative or refuse registration thereof.
Amendment 30 #
Proposal for a regulation
Recital 17
Recital 17
(17) Statements of support for an initiative should be collected within a specific time limit. In order to ensure that an initiative remains relevant, whilst taking into account the complexity of collecting statements of support across the Union, that time limit should not be longer than 12 months from the date of the start of the collection period determined byafter confirmation of registration of the initiative by the Commission, which will be duly forwarded to the representative of the group of organisers.
Amendment 32 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate for Member States to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this Regulation and issue a document certifying such conformity before statements of support are collected. The certification of the individual online collection systems should be carried out by the competent national authority of the Member States in which the data collected through the individual online collection system is stored. Without prejudice to the powers of the national supervisory authorities under the General Data Protection Regulation, Member States should designate the competent national authority responsible for the certification of the systems. Member States should mutually recognise the certificates issued by their competent authorities.
Amendment 33 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where an initiative has received the necessary statements of support from signatories, each Member State should be responsible for the verification and certification of statements of support signed by its nationals, in order to assess whether the required minimum numbers of signatories having the right to support a European citizens’ initiative have been reached. Taking account of the need to limit the administrative burden for Member States, such verifications should be carried out on the basis of appropriate checks, which may be based on random sampling. If necessary, Member States shouldmay issue a document certifying the number of valid statements of support received.
Amendment 34 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the Commission. OIn particular, organisers and their representatives should be given sufficient speaking time that is equal to that for the Commission. Organisers and their representatives must be informed with reasonable notice about how the hearing will proceed, in particular as regards the identity of the Commission representatives, the order in which they will speak and the speaking time allocated to each. Subject to compliance with the equal arrangements set out above, other institutions and advisory bodies of the Union as well as interested stakeholders should have the opportunity to participate in the hearing.
Amendment 36 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative. The Commission should explain in a clear, comprehensible and detailed manner the reasons for its intended action, and should likewise give its reasons if it does not intend to take any action.
Amendment 38 #
Proposal for a regulation
Recital 25
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation, and with full transparency, that that financial support is not disproportionate in the light of the average financial support for such initiatives and that the organisations concerned are in no way the originators of the initiatives in question.
Amendment 39 #
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EU) 2016/679 of the European Parliament and of the Council28 applies to the processing of personal data carried out under this Regulation. In that respect, for the sake of legal certainty, it is appropriate to clarify that the representative of the group of organisers, or as the case may be the legal entity created for the purpose of managing the initiative, and the competent authorities of the Member States are to be considered as the data controller(s) within the meaning of Regulation (EU) 2016/679, and to specify the maximum period within which the personal data collected for the purposes of an initiative can be retained. In their capacity as data controllers, the representative of the group of organisers, or as the case may be the legal entity created for the purpose of managing the initiative, and the competent authorities of the Member States should take all appropriate measures to comply with the obligations imposed by Regulation (EU) 2016/679, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects to consent, or not to consent, to the processing of their personal data. _________________ 28 Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 41 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in at least one quarter of thfive Member States, the number of signatories is at least equal to the minimum number set out in Annex I, corresponding to the number of the Members of the European Parliament elected in each Member State, multiplied by 750, at the time of registration of the initiative.
Amendment 44 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The Commission shall make available an online collaborative platform that may providinge citizens and groups of organisers with a discussion forum and must provide them with information and advice about the European citizens’ initiative, together with a contact form allowing any user to ask a question on that topic and receive an answer from the relevant Commission department within an appropriate and reasonable period.
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall make available an online register (‘the register’) allowing groups of organisers to manage their initiative throughout the procedure and ascertain what its status is. The register shall comprise a public website providing information on the European citizens’ initiative in general as well as on specific initiatives and their respective status. it may include a personal space for each initiative’s organisers, via which the Commission can message them about developments concerning the initiative and its status and make any relevant announcement. The Commission shall ensure that the register is regularly updated.
Amendment 51 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. After the Commission has registered an initiative in accordance with Article 6, it shall provide as soon as possible the translation of the content of that initiative into all the official languages of the Union, and in particular - by way of priority - into the European Union’s three working languages - for its publication in the register and its use for the collection of statements of support in accordance with this Regulation. A group of organisers may, in addition, provide translations into all the official languages of the Union of the Annex for its publication in the register and also, as the case may be, of the draft legal act referred to in Annex II and submitted in accordance with Article 6(2).
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Each Member State shall establish one or more contact pointline platforms to provide information and assistance to groups of organisers in setting up a European citizens’ initiative.
Amendment 58 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An initiative shall be prepared and managed by a group of at least sefiven natural persons (the ‘group of organisers’) who are citizens of a Member State of the European Union. Members of the European Parliament shall not be counted for the purpose of that minimum number.
Amendment 59 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The members of the group of organisers shall be citizens of the Union, of the age to be entitled, when the request for registration of the initiative is lodged with the Commission, to vote in elections to the European Parliament, and residents of at least sefiven different Member States.
Amendment 60 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The group of organisers shall designate two of its members as, respectively, representative and substitute, who shall liaise between them and the institutions of the Union throughout the process and who shall be mandated to act on behalf of the group of organisers (the ‘contact persons’). The contact persons shall register their contact details on the online platform set up for that purpose by the Commission, such details to include their private postal address, a private e-mail address and a private landline or mobile telephone number, in order to facilitate communication between the organisers and the Commission.
Amendment 61 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The group of organisers may also designate a maximum of two other natural persons, chosen from among its members or otherwise, who are mandated to act on behalf of the contact persons for the purpose of liaising with the institutions of the Union throughout the procedure, provided that the relevant contact details, including a postal address, an e-mail address and a landline or mobile telephone number, are submitted when the request for registration is lodged.
Amendment 62 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
The group of organisers shall inform the Commission of any changes regarding its composition throughout the procedure and shall provide appropriate proof that the requirements laid down in paragraphs 1 and 2 are fulfilled. The changes in the composition of the group of organisers shall be reflected in the statement of support forms and the names of the current and former members of the group of organisers shall remain available in the register throughout the procedure. The organisers shall ensure that their contact details are regularly updated, and the Commission’s online platform shall make it possible to modify the contact details of contact persons.
Amendment 63 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – point b
Article 6 – paragraph 2 – subparagraph 2 – point b
(b) where it is made up of more than 7 members, indicate those seven members to be taken into account for the purpose of Article 5(1) and (2) and provide their contact details;
Amendment 64 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – point c
Article 6 – paragraph 2 – subparagraph 2 – point c
(c) as the case may be, indicate that a legal entity has been created, pursuant to Article 5(7), and provide a copy of the internal rules of that entity.
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point b
Article 6 – paragraph 3 – subparagraph 1 – point b
(b) in the situation referred to Article 5(7), the legal entity has been created specifically for the purpose of managing the initiative and the member of the group of organisers designated as the representative thereof is given a mandate to act on behalf of the legal entityorganisers;
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
If one or more of the requirements set out in points (a) to (e) are not met, the Commission shall refuse to register the initiative, without prejudice to paragraphs 4 and 5, and shall notify the organisers, in particular via the contact persons and the online platform created for that purpose, as quickly as possible and in writing.
Amendment 71 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Where it considers that the requirements laid down in paragraph 3 (a), (b), (d) and (e) are met but that the requirement laid down in paragraph 3(c) is not met, the Commission shall, as quickly as possible and at the very latest within one month of the submission of the request, inform the group of organisers of its assessment and of the reasons thereof, in particular via the online platform created for that purpose, and shall do so in writing, clearly explaining the reasoning behind its decision.
Amendment 82 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 4
Article 6 – paragraph 4 – subparagraph 4
The Commission shall decide on the request as quickly as possible, and at the very latest within one month of receipt of the information, and, as the case may be, the amended initiative from the group of organisers referred to in the second subparagraph. It shall inform the organisers of its decision in writing, in particular via the online platform created for that purpose, clearly explaining the reasoning behind this decision.
Amendment 86 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall register an initiative under a single registration number and inform the group of organisers thereof as soon as possible, in particular via the online platform created for that purpose.
Amendment 88 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisers of the reasons for its decision in a clear and transparent manner and of all possible judicial and extrajudicial remedies available to them. This information shall be transmitted, in particular, via the online platform created for that purpose.
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
All statements of support shall be collected within a period not exceeding 12 months from athe date chosen by the group of organisersof the Commission’s communication informing the organisers of the registration of the initiative (the ‘collection period’), without prejudice to Article 11(6). That date must be not later than three months from the registration of the initiative in accordance with Article 6.
Amendment 96 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 98 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Where the group of organisers wishes to terminate the collection of statements of support before the end of 12 months after the beginning of the collection period, it shall inform the Commission ofas soon as possible, but in any case before the date at which the collection period is to end.
Amendment 99 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall indicate the beginning and end of the collection period in the register. If the organisers collect the signatures by any means other than a particular online collection system, they must clearly inform the visitors and potential signatories of the date the collection period comes to an end.
Amendment 101 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission or the group of organisers, as the case may be, shall automatically close the operation of the central online collection system in accordance with Article 10 or of, and the organisers must close down any individual online collection system in accordance with Article 11 on the date at which the collection period ends.
Amendment 102 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 5
Article 9 – paragraph 2 – subparagraph 5
The forms for the statement of support may be adapted for the purpose of the online collection, provided that the relevant national authority agrees.
Amendment 103 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 104 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. AOne signature must correspond with one person, and a person may sign a statement of support for a given initiative only once.
Amendment 105 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 2
Article 9 – paragraph 7 – subparagraph 2
Where the required number of statements of support has not been reached or in the absence of a response from the group of organisers within three months of the end of the collection period, the Commission shall close the initiative and publish a notice to that effect in the register. The Commission shall inform the organisers of this closure via the online platform created for this purpose.
Amendment 107 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
After the registration of the initiative and before the beginning of the collection period, and without prejudice to the powers of the national supervisory authorities under Chapter VI of Regulation (EU) 2016/679, the group of organisers shall request the competent authority of the Member State in which the data collected through the individual online collection system will be stored to certify that that system complies with the requirements laid down in paragraph 4, sending the user group a certificate of conformity if necessary.
Amendment 108 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Where an individual online collection system complies with those requirements, the competent authority shall within one month, if required, issue a certificate to that effect in accordance with the model set out in Annex IV. The group of organisers shall make a copy of that certificate or those certificates publicly available on the website used for the individual online collection system.
Amendment 109 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Within three months of the end of the collection period and without prejudice to paragraph 3, the group of organisers shall submit the statements of support, collected online or in paper form, to the competent authorities referred to in Article 19(2) of the responsible Member State. The group of organisers can also transmit the statements at any time during the collection period.
Amendment 114 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Within one month of the submission of the initiative, the Commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative. The organisers shall be informed via contact persons, and within a reasonable time frame, of the terms and conditions for the public hearing, and in particular of the identity of the Commission representatives, the speaking order and the speaking time.
Amendment 118 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Within five months after the publication of the initiative in accordance with Article 14(1), and after the public hearing referred to in Article 14(2), the Commission shall set out in a communication its legal and political conclusions on the initiative, the action it intends to take, if any, and its reasons for taking or not taking action. These conclusions must be clearly presented and duly justified.
Amendment 122 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The group of organisers shallmust provide, for the publication in the register, and as the case may be on their campaign website, information on the sources of support and funding for the initiative exceeding 500 euros per sponsor, in particular the identity or corporate name of the donors and the size of each donation.
Amendment 127 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 22 shall be conferred on the Commission for an indeterminate period of timefive years from [date of entry into force of the basic legislative act or any other date set by the co-legislators].
Amendment 128 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens’ initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than five years from the date of application of this Regulation, and every five years thereafter. The reports shall be made public and shall form the basis of a presentation and an exchange of views with Parliament.