Activities of Morten PETERSEN related to 2020/2023(INI)
Shadow opinions (1)
OPINION on recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland
Amendments (46)
Amendment 5 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas during the transition period, EU law across all policy areas, is still applicable to, and in, the UK, with the exception of provisions of the Treaties and acts that were not binding upon, and in, the UK before the Withdrawal Agreement entered into force; whereas on the 14th of May 2020, the European Commission opened infringement proceedings against the UK for failure to comply with EU rules on free movement;
Amendment 6 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the European Parliament gave its position on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland in its resolution the 12 February 2020.
Amendment 7 #
Motion for a resolution
Recital B
Recital B
Amendment 8 #
Draft opinion
Paragraph 11
Paragraph 11
11. Takes the position that if the UK does not explicitly commit to enforce the European Convention of Human Rights and will not accept the jurisdiction of the CJEU, there will be no agreement possible on judicial and police cooperation in criminal matters. Is concerned about the fact that, during the first round of negotiations (2-5 March 2020) for the future partnership agreement, the UK stated that, as regards judicial and police cooperation in criminal matters, it will not commit to enforcing the European Convention of Human Rights, nor will it accept the jurisdiction of the CJEU; deplores the fact that the latter position has been maintained during the second round of negotiations; fully endorses the declaration made by the EU negotiator Mr Barnier that, if this position is maintained by the UK, this will have immediate and practical consequences for the cooperation between the EU and the UK, which will remain possible on the basis of international agreements but will not be very ambitious8 ; takes note also of the declarations made by the EU negotiator Mr Barnier further to the second negotiation round, stating that, during this second round, the UK refused to provide firm guarantees on fundamental rights and individual freedoms and insisted on lowering current standards and deviating from agreed mechanisms of data protection, thus creating serious limitations for our future security partnership9 ; _________________ 8 https://ec.europa.eu/commission/presscorn er/detail/en/INF_19_5950 9 https://ec.europa.eu/commission/presscorn er/detail/en/statement_20_739
Amendment 8 #
Motion for a resolution
Recital C
Recital C
C. whereas the negotiations on the future partnership shouldcan only be premised on the effective and full implementation of the Withdrawal Agreement and its three protocols;
Amendment 10 #
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines that the UK as an EU Member in 2014 by way of opt out decided to participate no longer in EU instruments in the field of police and judicial cooperation in criminal matters, but then opted back into legislative measures on a case-by-case basis;
Amendment 12 #
Draft opinion
Paragraph 16
Paragraph 16
16. Is deeply concerned aboutStrongly objects to the UK’s request to receive direct access to the EU data information systems in the field of Justice and Home Affairs and to retain a status in the Justice and Home Affairs agencies close to that enjoyed by the Member States; stresses once more in this regard that the UK, as a non-Schengen third country, cannot have direct access to EU information systems data or participate in the management structures of the EU agencies in the area of Freedom, Security and Justice; cautions that any sharing of information, including personal data, with the UK should be subject to strict safeguards, audit and oversight conditions, including an equivalent level of protection of personal data to that provided by Union law;
Amendment 13 #
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls the UK authorities’ hack of Belgian telecommunications provider Belgacom, which came to light in 2013, and which was attributed to the GCHQ as concluded by the Belgian Federal Prosecutor in 2018;
Amendment 13 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the United Kingdom (UK) ceased to be a Member State of the European Union (EU) on 31 January 2020.
Amendment 14 #
Draft opinion
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Recalls that UK authorities failed to forward details of 75 000 convictions against EU citizens to their home country in accordance with Council Framework Decision 2009/315/JHA and concealed this failure from other Member States, for fear of damaging the UK’s reputation as regards law enforcement cooperation and judicial cooperation in criminal matters; deplores that the UK have still not forwarded details of these 75 000 cases to law enforcement authorities in the EU-27;
Amendment 16 #
Draft opinion
Paragraph 17
Paragraph 17
17. Recalls that the Schengen Information System (SIS) was created as a compensatory tool to remedy the lifting of border controls in the Schengen area; points out that the SIS legislation explicitly forbids the access of third countries to the system; underlines that, as a third country, the UK cannot have access to the SIS; recalls that, in 2015, the UK started applying certain provisions of Schengen acquis related to the SIS in the area of police cooperation10 and that serious deficiencieviolations in its application by the UK were identified and have still not been remedied; considers that future cooperation between the EU and the UK in the area of law enforcement and judicial cooperation should be based on mutual trust; considers, therefore, that the arrangements for the future cooperation between the EU and the UK in the area of law enforcement and judicial cooperation should be dependent on those deficiencies being remedied; underlines, in this regard, the importance of robust rules on data protection in both negotiatmade conditional upon the full remedy of the violations of the SIS and the failed transfer of details of 75,000 convictions prior to any agreement; underlines that such cooperation can only be considered if robust rules on data protection are established and if strong enforcement mechanisms are ing partieslace; _________________ 10Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), OJ L 205, 7.8.2007, p. 63.
Amendment 17 #
Draft opinion
Paragraph 18
Paragraph 18
18. Points out that the automated exchange of DNA data with UK under the Prüm Framework was launched only in 2019 and that the Council is about to adoptdecide upon the adoption of an implementing decision which would allow the UK to take part in automated exchanges of dactyloscopic data; points out in this regard that under the special consultation procedure for the ex-third pillar acts on 13 May 2020 the Parliament rejected the Council’s draft decision due to concerns over full reciprocity for fingerprint data exchange, over data protection guarantees, as well as over the very short time of its application; reminds the negotiators that, if adopted, the Council decisions authorising these automated data exchanges will expire at the end of the transition period; stresses the need for a timely agreement on new arrangements for the future relationship, given the importance of information exchange in the fight against serious and organised cross- border crime and terrorism; considers that the future relationship should not be predetermined by the rules applied during the transition period; believes that the agreement should be based on the principle of full reciprocity; strongly urges the UK, therefore, to reconsider its position not to disclose data of suspected persons, failing which, exchanges under Prüm between the EU and the UK will have to remain limited;
Amendment 18 #
Draft opinion
Paragraph 18
Paragraph 18
18. Points out that the automated exchange of DNA data with UK under the Prüm Framework was launched only in 2019 and that the Council is about to adopt an implementing decision which would allow the UK to take part in automated exchanges of dactyloscopic data; reminds the negotiators that the Council decisions authorising these automated data exchanges will expire at the end of the transition period; stresses the need for a timely agreement on new arrangements for the future relationship, given the importance of information exchange in the fight against serious and organised cross- border crime and terrorism; considers that the future relationship should not be predetermined by the rules applied during the transition period; believes that the agreement should be based on the principle of full reciprocity; strongly urges the UK, therefore, to reconsider its position not to disclose data of suspected persons, failing which, exchanges under Prüm between the EU and the UK will have to remain limited;
Amendment 19 #
Draft opinion
Paragraph 19
Paragraph 19
19. Is concerned that the UK negotiating mandate lacks ambition in important areas of judicial cooperation in criminal matters such as anti-money- laundering and counter terrorism financing provisions; insists that a level playing field on anti-money laundering is essential for a final agreement; believes that a solution allowing for a more ambitious cooperation than the one under the Council of Europe convention on extradition could be found by the negotiating parties;
Amendment 21 #
Motion for a resolution
Recital G
Recital G
G. whereas the EU and the UK agreed in the Political Declaration to convene at a high level in June 2020 to take stock of progress of the implementation of the Withdrawal Agreement and of the negotiations with the aim of agreeing action to move forward with negotiations on the future relationship;
Amendment 22 #
Motion for a resolution
Recital H
Recital H
H. whereas unity of the EU and its Member States should maintain their unity throughout the negotiations in order to defend the interests of their citizens in the best possible waythroughout the negotiations is essential in order to defend the interests of the EU, including those of its citizens in the best possible way; whereas the EU and its Member States have remained united throughout the negotiation and adoption of the Withdrawal Agreement and ever since; whereas this unity is reflected in the adoption of the negotiating mandate entrusted to the EU negotiator and Head of the EU Task Force Michel Barnier, who enjoys the strong support of the EU and its Member States;
Amendment 27 #
Motion for a resolution
Recital I
Recital I
I. whereas the EU and UK agreed in the Political Declaration that the future relationship should be underpinned by shared values such as the respect for and safeguarding of human rights and fundamental freedoms, democratic principles, the rule of law, and support for non-proliferation, international rules-based order including support for non-proliferation, protection of the environment and that these values are an essential prerequisite for cooperation within the framework of the Political Declaration; whereas the future relationship should incorporatebe conditioned to the United Kingdom’s continued commitment to respect the framework of the European Convention on Human Rights (ECHR);
Amendment 29 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the Political Declaration states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition.
Amendment 31 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Amendment 32 #
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas facing a global pandemic and its foreseeable geopolitical, economic and social consequences reinforces the necessity to improve cooperation mechanisms between partners and allies.
Amendment 66 #
Motion for a resolution
Paragraph 4 – point iv
Paragraph 4 – point iv
(iv) the safeguarding of the EU legal order and the role of the Court of Justice of the European Union (CJEU) as the sole body responsible for interpreting EU law in this respect;
Amendment 70 #
Motion for a resolution
Paragraph 4 – point vi
Paragraph 4 – point vi
(vi) a level playing field, ensuring equivalent standards in social, labour, environmental, competition and State aid policies, including through a robust and comprehensive framework on competition and State aid control, dispute settlement and enforcement mechanisms;
Amendment 75 #
Motion for a resolution
Paragraph 4 – point vii a (new)
Paragraph 4 – point vii a (new)
(vii a) the Parties' commitments to international agreements to tackle climate change including those which implement the United-Nations Framework Conventions on Climate Change, in particular the Paris Agreement should constitute an essential element of the future agreement.
Amendment 91 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that without a balanced and long-term fisheries agreement that ensures reciprocal access to waters and resources with respect to the principle of sustainable management of fisheries and marine ecosystems and ensuring a level playing field, there will be no economic and trade partnership agreement;
Amendment 94 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of being ready for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached; welcomes, in this regard, the Commission’s sector-specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause; encourages the European Commission and Member States to enhance their efforts in order to fully inform European citizens and businesses of the risks that the transition period might end before an agreement is reached, in order to allow for and support adequate preparedness to such an unintended but possible outcome.
Amendment 105 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreement to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of the Kingdom of Spain;
Amendment 119 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal, that it is not subject to any sort of renegotiation of its provisions and that the onlysole purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UK brings to the negotiating process and recalls that the outcome of the negotiations would be linked to ion the future relationship should be linked to implementation of the Withdrawal Agreement;
Amendment 128 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists on having solid guarantees that the UK will implementthe full implementation by the UK of the Withdrawal Agreement effectively and in its entirety before the end of the transition period; stresses that monitoring its implementation should be an integral part of the work on the future relations;
Amendment 130 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Pays special attention to the full respect of citizens' rights as defined in the Withdrawal Agreement; is determined to ensure that Member States fully respect and protect rights of British citizens living in the European Union under the Withdrawal Agreement; is equally committed to monitor closely that the UK fully respects and protects the rights of EU citizens living on its soil under the Withdrawal Agreement;
Amendment 131 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Insists the European Parliament to be fully and immediately informed of all the discussions held and decisions taken by the Joint Committee; recalls in this respect the obligations stemming from Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United-Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2, and in particular Article 2(3) thereof, which provides that Parliament must be in a position to exercise fully its institutional prerogatives throughout the Joint Committee proceedings;
Amendment 135 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Notes with concern that the COVID19 pandemic had significant consequences on the possibility for EU citizens living in the UK to apply to the EU settlement scheme as front offices have been closed due to the lockdown decided by British authorities;
Amendment 136 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Expresses concern at reports that EU citizens under pre-settled status were denied social benefits in the UK due to bureaucratic obstacles; underlines that such situations equal undue discrimination and have significant consequences, especially at the time of severe economic and social uncertainty;
Amendment 137 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that under the Protocol on Ireland/Northern Ireland, designed and adopted in order to ensure the absence of a hard border on the island of Ireland while protecting the integrity of the Single market after the end of the transition period the UK, while being a third country, will have the task of implementing parts of the Union Customs Code, which will require unprecedented structures to be set up even before the end of the transition period, necessitating due consideration for the issue of proper implementation and enforcement; calls on the Commission to carry out efficient checks and controls; expresses concern at the repeated refusal expressed by the British authorities to authorize the opening of a permanent office for EU officials in Belfast to monitor the good implementation of the Protocol on Ireland/Northern Ireland; notes that the term goods ‘at risk of subsequently being moved into the Union’ used in Article 5 of that Protocol is unclear and depends on subsequent decisions of the Joint Committee which are exempt from formal European Parliament scrutiny; requests to be kept fully informed on the application of that Article and any proposals for decisions of the Joint Committee in that regard;
Amendment 179 #
Motion for a resolution
Paragraph 13 – point i
Paragraph 13 – point i
(i) reciprocal arrangement for mutually beneficial market access for goods, services, public procurement, recognition of professional qualifications and where relevant foreign direct investment to be negotiated in full compliance with World Trade Organization (WTO) rules while recalling the necessary difference of treatment between a third country and a Member State;
Amendment 189 #
Motion for a resolution
Paragraph 13 – point iii
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goods, the Commission should evaluate possible quotas and tariffs for the most sensitive sectors as well as the need for safeguard clauses to protect the integrity and stability of the EU single market; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market ishould be conditional on strict complianceregulatory alignment with all EU laws and standards ensuring a level playing field, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
Amendment 202 #
Motion for a resolution
Paragraph 13 – point vi
Paragraph 13 – point vi
(vi) commitments on services should be made with the aim of delivering a level of liberalisation in trade in services well beyond the parties’ WTO commitments, building on recent EU FTAs, while safeguarding the high quality of the EU’s public services in accordance with the TFEU and in particular Protocol 26 on Services of General Interest; audio-visual services should be excluded from provisions related to liberalisationthe scope of the economic partnership; reiterates that under an FTA market access for services is limited and always subject to exclusions, reservations and exceptions; all modes of supply of services should be covered, including commitments on the movement of natural persons across borders (Mode 4) and provisions, linked to EU rules and the respect for equal treatment of workers and recognition of professional qualifications while recalling the necessary difference of treatment between a third country and a Member State; the arrangements should include provisions on market access and national treatment under host state rules to ensure that EU service providers are treated in a non- discriminatory manner, including with regard to establishment as well as regulatory coordination platformexchange of information on regulations; the new arrangements should allow for the temporary entry and stay of natural persons for business purposes with the aim of providing services;
Amendment 208 #
Motion for a resolution
Paragraph 13 – point vii
Paragraph 13 – point vii
(vii) there should be opportunities for access to both Parties to public procurement markets beyond WTO Government Procurement Agreement (GPA) commitments, guaranteeing market access for EU companies in strategic sectors at all levels of government and a degree of openness equal to the EU’s public procurement markets; regrets the fact, in this regard, in specific areas at all level of governments without prejudice to their national rules aimed at protecting their essential security interests, guaranteeing market access for EU companies and a degree of openness equal to the EU’s public procurement markets; however, defence and security contracts will have to remain excluded from the provisions of the agreement; regrets the fact that the UK’s initial negotiating position does not cover public procurement;
Amendment 239 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that given the UK’s geographic proximity and economic interdependence with the EU, the breadth and depth of the agreement on a level playing field will be essential in determining the extent of the overall future EU-UK relationship; considers, therefore, that a level playing field must be ensured and EU standards safeguarded are a condition in order to avoid a ‘race to the bottom’ while contributing to sustainable development and the fight against climate change, with a view to dynamic alignment; stresses the need to ensure that the UK does not gain an unfair competitive advantage through the undercutting of levels of protection and to prevent regulatory arbitrage by market operators;
Amendment 253 #
Motion for a resolution
Paragraph 16 – point ii
Paragraph 16 – point ii
(ii) relevant tax matters, including the fight against tax evasion and avoidance and, money laundering and terrorism financing;
Amendment 256 #
Motion for a resolution
Paragraph 16 – point iv
Paragraph 16 – point iv
(iv) environmental protection and climate change related standards, the promotion of the UN’s Sustainable Development Goals; the Parties' commitments to international agreements to tackle climate change including those which implement the United-Nations Framework Conventions on Climate Change and the Paris Agreement; enforceable midterm commitments to tackle climate change; the implementation by the UK of a system of carbon pricing of at least the same scope and effectiveness as provided for by the EU Emissions Trading System (ETS) and the same principles regarding the use of external credits by the end of the transition period should apply;
Amendment 260 #
Motion for a resolution
Paragraph 16 – point v
Paragraph 16 – point v
(v) a high-level of protection and product sanitary quality in food sector for consumers;
Amendment 263 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that these provisions should ensure that standards are not lowered, while empowering both parties to modify commitments over time to lay down higher standards or include additional areas; stresses, moreover, that commitments and provisions should be enforceable by autonomous interim measures, a solid dispute settlement mechanism and remedies, to provide the Union with the ability to adopt sanctions as a last resort in every covered areas, including in relation to sustainable development with a view to dynamic alignment;
Amendment 271 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly believes that the UK should adhere to the evolving standards on taxation and, anti-money laundering and counter terrorism financing legislation within the EU acquis, including tax transparency, the exchange of information on tax matters and anti-tax avoidance measures, and should address the respective situations of its Overseas Territories, its Sovereign Base Areas and its Crown Dependencies and their non- compliance with EU good governance criteria and transparency requirements;
Amendment 276 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates the need to maintain high standards and a level playing field in the areas of medicinal products, medical devices, food safety and labelling, animal wellbeing and veterinary, phytosanitary, and environmental policy and standards;
Amendment 293 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that this is contrary to the provisions of the Political Declaration, which envisages an ambitious, broad, deep and flexible partnership in the field of foreign policy, security and defence and contains a part dedicated specifically to the EU-UK future security partnership, and to which the UK has agreed;
Amendment 376 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that the entire Agreement with the UK as a third country, including among others provisions on the level playing field and fisheries, should include the establishment of a coherent and solid governance system as an overarching framework, covering the joint continuous supervision and management of the Agreement as well as dispute settlement and enforcement mechanisms with sanctions and interim measures where necessary with respect to the interpretation and application of the Agreement’s provisions;