892 Amendments of Pál CSÁKY

Motion for a resolution
Recital H

H. whereas the principle of non- discrimination on the basis of nationality, sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, language or membership of a national minority is the primary expression of EU citizenship; whereas it forms at the same time a crucial component of the successful exercise of the freedom of movement, as evidenced in petitions;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Recital H a (new)

Ha. whereas the respect for the rights of persons belonging to minorities is one of the EU’s founding values enshrined in the Treaties; whereas approximately 8 % of EU citizens belong to a national minority and approximately 10 % speak a regional or minority language; whereas the effective protection of minorities needs to be strengthened;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Recital I a (new)

Ia. whereas the guarantee of fundamental rights of EU citizens could be accomplished with a new approach regarding the interpretation of Article 51 of the EU Charter of Fundamental Rights,

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 1

1. Takes note of the Commission’s 2017 EU Citizenship Report, which contains an enumeration of priorities by field of activity; e~~xpresses its doubt as to whether these~~mphasizes that priorities ~~will~~should effectively answer citizens’ concerns~~; regrets the lack of~~ and besides these priorities much more has to be done; for instance with well-defined, concrete commitments for the next three years;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 3

3. Highlights the fact that the effective exercise of the right to petition has been facilitated thanks to the improved petitions processing in the European Parliament and the launch in late 2014 of the Committee on Petitions portal , which allows petitions to be submitted in an uncomplicated fashion and managed more efficiently, as illustrated elsewhere by the respective Annual Reports of the Committee on Petitions;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 4

4. Expresses regret that for almost a decade now little progress has been made in the adoption of the EU-wide Anti- Discrimination Directive; calls upon ~~all EU institutions to conclude~~the Commission and the Council to re-launch the relevant negotiations as soon as possible;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 5

5. RIs of the view that the effectiveness of EU policies in the field of anti- discrimination should be increased and remaining obstacles removed; recommends that the Commission update the first two anti-discrimination directives, namely Council Directive 2000/43/EC and Council Directive 2000/78/EC, to bring them into line with the current version of the Treaties and the EU Charter of Fundamental Rights;

2017/10/06
Committee: PETI

2017/2069(INI)

Csaba SÓGOR, Izaskun BILBAO BARANDICA, Pál CSÁKY, Herbert DORFMANN, Kinga GÁL, József NAGY, Ramon TREMOSA i BALCELLS, Iuliu WINKLER, Josef WEIDENHOLZER, László TŐKÉS

Draft opinion
Paragraph 6 a (new)

6a. Is of the opinion that, in order to fill with substance the reference made to minorities in article 2 of the TEU, and to the equality of all EU citizens in article 9 TEU, the aim of the EU should be to lay down high standards of minority protection, starting from those codified in international law instruments, such as those of the Council of Europe. Such standards should be strongly embedded in a legal framework guaranteeing democracy, rule of law and fundamental rights across the EU;

2017/09/19
Committee: LIBE

2017/2069(INI)

Csaba SÓGOR, Izaskun BILBAO BARANDICA, Pál CSÁKY, Herbert DORFMANN, Kinga GÁL, József NAGY, Ramon TREMOSA i BALCELLS, Iuliu WINKLER, László TŐKÉS

Draft opinion
Paragraph 6 b (new)

6b. Believes that observation by the EU of the TEU requirement to respect, safeguard and enhance Europe’s cultural and linguistic diversity in the EU both among and within Member States would greatly reinforce the links between citizens and the European project;

2017/09/19
Committee: LIBE

2017/2069(INI)

Csaba SÓGOR, Izaskun BILBAO BARANDICA, Pál CSÁKY, Herbert DORFMANN, József NAGY, Ramon TREMOSA i BALCELLS, Iuliu WINKLER, Josef WEIDENHOLZER, László TŐKÉS

Motion for a resolution
Paragraph 6

6. Invites the Commission to take more active steps against LGBTI discrimination and to combat homophobia ~~by defining concrete action to be taken at national level~~, while respecting the competences of Member States; calls at the same time for the EU institutions to monitor LGBTI rights closely and to pro~~mote~~vide clear and accessible information on the recognition of cross-border rights for LGBTI persons and their families in the EU; ~~calls upon~~recommends legislators to ~~expedit~~continue their activities with regard to the adoption of a comprehensive directive on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services;

2017/10/06
Committee: PETI

2017/2069(INI)

Draft opinion
Paragraph 6 d (new)

6d. Believes that the systematic discrimination of Roma citizens in their home countries, as well as their evictions and expulsions when they exercise their right to free movement to and residence in another member state are in contradiction with the fundamental right of non- discrimination on the basis of ethnic origin and the right move to and reside in another member state and put the foundations of EU citizenship rights to the test;

2017/09/19
Committee: LIBE

2017/2069(INI)

Motion for a resolution
Paragraph 7

7. Recognises that the protection of ~~minority rights is mainly a national~~autochthonous, national or linguistic minorities, is mainly Member State competence; recalls, however, that ~~both~~ the Treaties and the EU Charter of Fundamental Rights make reference to the protection of national minorities and discrimination practised on the grounds of language and membership of a national minority; recalls that such minorities have been living together with or alongside majority cultures for centuries in Europe; underlines the need for the ~~Commiss~~EU institutions to play an more active role in the protection of minorities, by promoting awareness- raising meetings, seminars and resolutions in order to encourage national governments to find durable solutions and to promote the culture of linguistic diversity in the Member States; suggests to better explore the possibilities of a comprehensive minority protection within the European legislative framework;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 7 b (new)

7b. Notes the Commission’s latest communication (COM(2017) 482 final) regarding the European citizens’ initiative proposing the revision of the Regulation (EU) No 211/2011 on the citizens’ initiative of 16 February 2011;calls on the Commission to take note about the ongoing consideration of ECI revision within the Parliament; stresses the important role of the Parliament in the legislative procedure to make the ECI instrument more user-friendly while ensuring a real and democratic citizens’ participation in the European debate and agenda setting;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 7 c (new)

7c. Calls on the Commission and the Member States to put forward specific actions for removing obstacles of free movement following the European Parliament resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market (2016/3042(RSP)) and the European Parliament resolution of 28 April 2016 on safeguarding the best interests of the child across the EU on the basis of petitions addressed to the European Parliament (2016/2575(RSP));

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 11

11. Believes that the reform of the Electoral Act ~~on the basis of Parliament’s legislative initiative is an unmissable~~is an opportunity for the Union to become more democratic; highlights the fact that thousands of Europeans share this view~~, as evidenced by the ‘Let me Vote’ European Citizens’ Initiative, which aims to allow citizens to vote in their place of residence~~; commends the Commission for exploring the possibilities for non-national EU citizens who have exercised their right to free movement to vote in national elections in the country in which they reside; ~~urge~~asks the Commission to devise a ~~concrete~~n action plan for the introduction of electronic voting ~~with a view to the 2019~~in the European Parliament elections;

2017/10/06
Committee: PETI

2017/2069(INI)

Motion for a resolution
Paragraph 12

12. Expresses its conviction that free media and access to a plurality of voices in society and in the media are an indispensable part of a healthy democracy; underlines the need for a defined EU policy to tackle anti-European propaganda and false information; ~~proposes that EU institutions proceed with the creation of a European television channel broadcasting in all Member Stat~~acknowledges that more visibility could be given to the activities of the EU institutions through European television channels available in all official languages;

2017/10/06
Committee: PETI

2017/2038(INI)

Motion for a resolution
Citation 3 a (new)

- having regard to, inter alia, Article 10 and Article 19(1) of TFEU,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Citation 4

— having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), ~~which was proclaimed on 12 December 2007 in Strasbourg and entered into force with the Treaty of Lisbon in December 2009~~in particular Article 21(1),

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Citation 22

— having regard to the Council recommendation of 69 December 2013 on effective Roma integration measures in the Member States, to the Council conclusion of 8 December 2016 on Accelerating the process of Roma integration and of 13 October 2016 on the European Court of Auditors Special Report No 14/2016,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Citation 28 a (new)

- having regard to its resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015, in particular paragraphs 117-122 on Roma rights,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Citation 31

— having regard to the Court of Auditors’ special report 14/2016 on EU policy initiatives and financial support for Roma integration: significant progress made over the last decade, but additional efforts needed on the ground,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Citation 34

— having regard to the reports and recommendations of watchdog and civil society organisations, primarily those of the International Romani Union, ENAR, JALTE, Ágota Foundation, Czinka Panna Foundation, Roma intelligentia, Roma Policy Coalition, European Roma Rights Centre, Fundación Secretariado Gitano, OSF, ERGO, and Amnesty International,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital -A (new)

-A. whereas Roma are the largest ethnic minority of Europe, with an estimated population of 6,2 in the EU, whereas they have been subject to multiple forms of discrimination for centuries, and are unable to enjoy the same rights and opportunities, and the same level of protection as other EU citizens;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital A

A. whereas ~~Roma are still being deprived of their human~~despite efforts at national, European and international level to advance the Roma inclusion, many Roma are still victims of prejudice, hate speech, stigmatisation, extreme poverty and profound social exclusion and still face barriers to exercising their fundamental rights within Europe, which leads them vulnerable to exploitation;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital A a (new)

A a. whereas anti-Gypsyism is one of the root causes of social exclusion and discrimination of Roma and vice versa, whereas discrimination against Roma roots in prejudice against them, Roma criminality, high unemployment rate of Roma, while each of them are interdependent factors,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital A b (new)

A b. whereas Roma are part of Europe’s culture and values and they have contributed to the cultural richness, diversity, economy and common history of the EU,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital A c (new)

A c. whereas the size and the social and economic situation of the Roma population vary considerable between different Member States, whereas the Roma are a heterogeneous group,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital C

C. whereas structural anti-Gypsyism can be detected at ~~all~~various levels of European society;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D

D. whereas different forms of anti- Gypsyism can be ~~foun~~identified in the workings of some public authorities ~~at all levels in the Member States, manifesting itself~~, resulting in the failure to provide Roma with equal access, rights and treatment~~, and the creation of discriminative programmes~~;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D a (new)

D a. whereas it is the Member States who have competence to define their policies in this field, while the EU acts as coordinator, whereas the Roma's active involvement at both levels is missing, even thought it is crucial,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D b (new)

D b. whereas the EU has developed a wide range of useful tools, mechanisms and funds that contribute to fostering Roma integration, whereas the EU supports the work of Member States through the European Structural and Investment Funds, principally the ESF, ERDF and EAFRD,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D c (new)

D c. whereas in 2011 the Commission launched an EU Framework for National Roma Integration Strategies by 2020, calling on Member States to adopt national strategies following common targets in four key areas of inclusion, namely education, employment, healthcare and housing,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D d (new)

D d. whereas research shows that there is a lack of absorption of EU funds, and numerous financial resources are misused,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D e (new)

D e. whereas in spite of all the invested efforts and financial means, the numerous European and national programmes and funds which have addressed the Roma community, have not contributed significantly to the improvement of their living conditions, whereas the reasons need to be clearly stated and whereas anti-Gypsyism is still present in the society, therefore more tailor-made measures are need to be taken and applied to tackle this phenomenon,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital D f (new)

D f. Whereas according to research it is 5 times cheaper to integrate the poor, among them the mostly unskilled Roma of Europe than not doing so, while the integration contributes to GDP, balances the demographic and job market tendencies and is an effective tool against growing radicalization in European urban and rural ghettos,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E

E. whereas inadvertent anti-Gypsyism can even be observed in the workings of the EU institutions, as numerous EU programmes that could have a positive impact on the life prospects of Roma do not reach them, as well as in the EU acquis, which often fails to take into consideration the challenges faced by Roma, who, due to their having been subject to multiple forms of discrimination for centuries, are unable to enjoy the same rights and opportunities, and the same level of protection as other EU citizens;deleted

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E a (new)

E a. whereas the existing tools and policies often fail to take into consideration the realities and challenges faced by Roma and they do not provide a complex and holistic approach, lacking in particular the active involvement of the Roma people, the use of new technologies, alternative job making, the update of crisis maps and the use of existing human capacity, natural and other resources,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E b (new)

E b. whereas proper monitoring of European tools, mechanisms and funds is crucial as it is essential to identify why the existing national and European programmes, strategies on Roma malfunction and do not deliver the long- hoped results,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E c (new)

E c. whereas Roma are underrepresented in official bodies at all levels of society, at local, regional, national but even at European level,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E d (new)

E d. whereas anti-Gypsyism is on the rise, whereas in some Member States the political parties of extreme right and left are gaining popularity with heavy anti- Roma and anti-poor sentiments, whereas - due to the failed measures taken - radicalisation against the mainstream population is also on the rise among the Roma,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E e (new)

E e. whereas more research needs to be done into successful local practices and programmes with the active involvement of Roma in order to reveal the development of their situation, realities and challenges faced, with special attention to anti-Gypsyism and its consequences with the aim to develop an improved, comprehensive and holistic approach to the issue,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital E f (new)

E f. whereas it is necessary to upgrade the EU Framework for National Roma Integration Strategies after 2020 with an improved, updated comprehensive approach, based on the findings of field- work based monitoring and research into the Roma integration process of the last 20 years in the Member States,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital G

G. whereas Roma are continually referred to as a vulnerable people, when, in fact, depriving Roma of their human rights and denying them equal treatment and access suggest that it is the structures established and maintained by those in power that render Roma vulnerable; whereas due to segregation, there is a lack of first-hand knowledge of mainstream population on Roma, therefore the role of media and other opinion leaders have a huge responsibility on how Roma are perceived in the society,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital G a (new)

G a. whereas every Member States together with the European institutions of Roma have a joint responsibility in improving the lives of the EU’s Roma citizens with the active involvement of Roma,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital G b (new)

G b. whereas no other minority has been addressed with so comprehensive attention, having in mind the wide range of studies, research, measures, funds and strategies neither on national nor on European level,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital G c (new)

G c. whereas every Member States of the EU is multi-ethnic, whereas direct and indirect discrimination concerns other minorities too, therefore it is highly expected from the Commission to draft a comprehensive strategy addressing the issue of hate speech, hate crimes and other manifestation against minorities, while also including the education of majority communities against hate speech.

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Recital G d (new)

G d. whereas there is a lack of ethnic data, which is essential for proper evaluation, monitoring and research of the situation and progress of Roma inclusion,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1

1. Stresses that in order to fight against the subconscious societal consensus to ~~exclud~~discriminate Roma and to tear down stereotypes, it is essential to educate mainstream societies about the Roma, their history, culture and the forms of the anti-Gypsyism that they face in their everyday lives through programmes aiming at social and economic inclusion and by awareness-raising campaigns on anti-Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 a (new)

1 a. Acknowledges that the active involvement and empowerment of Roma is essential for improvement of their living conditions, advancement of their social inclusion and tackling anti-Gypsyism effectively, therefore supports the active citizenship of Roma by promoting their social, economic, political and cultural participation in society, also through their representatives and organisation, including at the local level,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 b (new)

1 b. Calls on the Commission and the Member States to promote the establishment of independent Roma civil organisations and public institutions and the empowerment of a young progressive Roma intelligencia and leadership, as a strong tool for fighting against discrimination, radicalization, criminalization and victimization, and which could also contribute to the preservation of language and cultural heritage;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 c (new)

1 c. Notes that a long-lasting solution could be reached only by means of mutual recognition of rights and obligations of the communities concerned;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 d (new)

1 d. Welcomes the efforts made by the Commission, in particular its comprehensive and cross-cutting approach and the dialogue led with the different stakeholders, furthermore acknowledges the proactive measures, recommendation made for the social and economic inclusion of Roma;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 e (new)

1 e. Calls on the Commission to explore possibilities of further improvement of tackling social inclusion of Roma by including the aspect of anti- Gypsyism, as they are closely interconnected. Calls on the Commission to actively involve into this process all the relevant stakeholders, in particular the European Platform for Roma Inclusion;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 1 f (new)

1 f. Calls on the Commission to promote dialogue, cooperation and sharing best practices among relevant stakeholders, including through the National Roma Platforms and the European Platform for Roma Inclusion;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 2

2. ~~Urges the Commission to set up a truth and reconciliation commission at EU level to ac~~Stresses that a general knowledge of the ~~persecution of Roma throughout the centuries, and to document these in an official white paper and to engage with Parliament in carrying out research on how to launch such a proces~~history of Roma might improve the understanding of the issue of Roma, therefore ask the Roma Academic Expert Group set up by DG CULT to prepare a study on the history and the persecution of Roma throughout the centuries, with the involvement of Roma experts;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 3

3. ~~Calls on~~Encourages the Member States to ~~set up national truth and reconciliation commissions and to make the history of Roma part of school curricula~~ameliorate the current structures addressing the Roma, in particular by improving the coordination of existing bodies, the cooperation and dialogue with Roma, NGOs and grassroots organisations;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 3 a (new)

3 a. Reiterates its call in Resolution 2015/2615, for recognising and commemorating the victims of the Roma genocide that took place during World War II, in accordance with their national practices;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 3 b (new)

3 b. Regrets that a robust quality- focused, long-term monitoring and financial accountancy scheme is still not in place neither in national nor in EU funded projects, notes that it is essential to actively involve the Roma addressees of the project in the evaluation process of the projects and the use of modern technologies in making the monitoring more effective, cost-efficient and on-the- spot;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 4

4. Expresses its concern that while several targeted programmes are implemented in the Member States, most mainstream programmes fail to reach out to the most disadvantaged, in particular the Roma; calls on the Court of Auditors to check the performance of EU programmes in a more throughout way and on a regular basis;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5

5. Calls on the Commission to assess EU programmes to determine if they meet the requirement of non-discrimination and participation, and where necessary, to take corrective measures, including by suspending funding in cases of proven misuse of EU funds and, furthermore calls on the Commission to reform ESIF so that they can provide support for the fight against anti-Gypsyism in a more proactive way, and to extend the Europe for Citizens and the Rights, Equality and Citizenship funding programmes recognising the role of ~~watchdog organisation~~relevant stakeholders in monitoring anti- Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 a (new)

5 a. Calls on the Commission and Member States to ensure that all available resources are used effectively and to increase the absorption rate of EU funds and in line with the priorities established in the National Roma Integration Strategies, and in proportion with the ratio of Roma population among the total population;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 b (new)

5 b. Urges Member States to evaluate the effectiveness of their National Roma Integration Strategies and update them regularly, define clear actions and set measurable goals and milestones, with a view to advancing the process of Roma integration and combating anti-Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 c (new)

5 c. Stresses the importance of monitoring of national and local strategies and action plans in order to identify the shortcomings and make corrective measure, as well as to enable to reveal and exchange best practices, notes that the active involvement of Roma in the monitoring process of projects addressed to them should be ensured;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 d (new)

5 d. Recalls the 2016 Council Recommendation stating that the promotion of social inclusion, and combating poverty and discrimination, including, inter alia, the socio-economic integration of marginalised communities such as Roma, should be facilitated by the allocation of at least 20% of the total ESD resources in each Member State to invest in people;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 e (new)

5 e. Calls on the Member States to implement and enforce the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, in order to effectively prevent and eliminate all forms of discrimination against Roma, and to ensure that national, regional and local administrative regulations are not discriminatory and do not result in segregation practices;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 5 f (new)

5 f. Calls on the Member States to implement and enforce the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racisms and xenophobia by means of criminal law, as it gives the tools for a successful combat anti-Gypsyism rhetoric and violence against Roma;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 6

6. Calls on the Commission to provide assistance for transposing and implementing the equal treatment directives and if relevant to continue launching infringement proceedings against all Member States that breach or fail to transpose or implement equal treatment directives;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 6 a (new)

6 a. Calls on the Member States to introduce and enforce the fight against anti-Gypsyism as part of their National Roma Integration Strategies; furthermore calls on the Member States to strengthen the work of national and local equality bodies with Roma legal advisers and the help of digital technology in order to ease the reporting of abuses,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 8

8. Calls on Member States to take further measures to prevent, condemn and counter anti-Roma hate speech;, also by using cultural dialogue as a main mean,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 11

11. Is deeply concerned by the number of stateless Roma people in Europe pushed to the very margins of society; calls on Member States to end statelessness and ensure the enjoyment of fundamental human rights for all; calls on the Commission to initiate an EU directive on the identification and protection of stateless persons;deleted

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 12

12. Condemns those ~~Member Stat~~practices which carry out discriminatory birth registration and that fail to provide identity documents, resulting in Roma being denied access to all the essential basic services; calls on Member States to take immediate corrective measures, and active steps in this regard; calls on the Commission to assess the situation in Member States and initiate legally binding legislation on the identification and protection of people whose citizenship have not been recognised and have no access to identity documentslaunch awareness raising campaign on the importance on birth registration;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 13

13. Is deeply concerned by the cases of unequal access of Roma to health information, services and care, and their racial abuse; calls on the Member States to take effective measures to removing any barriers to access to the healthcare system accessible for the mainstream population; where necessary, asks the Member States to secure funding for healthcare mediator programmes for Roma and increase healthcare awareness and improve access to vaccination and preventive health care in Roma communities;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 14

14. Urges Member States to ~~launch a process of~~condemn forced sterilization, and where proven, to provide compensation for Roma women having been subject to systemic and state- supported sterilisation accompanied by a public apology to the victims of this crime against humanity;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 15

15. Is deeply alarmed by the phenomenon of unlawful removal of Roma children from their parents; calls on Member States to investigate such cases without delay;, and take appropriate measures in order to prevent them, also revisit national foster care and child protecting institutions, such as crisis homes, while guarding the child’s best interest is a priority,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 16

16. C~~ondemns~~alls on the Member States~~’ failure to secure Roma people’~~ to guarantee that all citizens are equal before the law, ensuring that everyone, including the Roma has equal access to justice, and ~~their equality before the law~~access to procedural rights; calls on Member States to provide mandatory, human rights-based and service-oriented training to law enforcement officers and officials in the judicial system at all levels, to ensure that ~~victim support programs address the specific needs of Roma, that~~they are if needed, assistance is provided to them when reporting crimes and filing complaints, and to continue and to extend the geographic scope of JUSTROM programme;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 16 a (new)

16 a. Calls on Member States to investigate and prosecute hate crimes, including those motivated by anti- Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 17

17. Is concerned about widespread discrimination in housing of Roma; calls on Member States to tmake ~~immediate steps to utilise~~full use of EU funds to improve the housing situation of Roma; calls on the ~~Commission to recognise its~~Member States to ensure that forced evictions are in full comp~~ete~~liance ~~in the context of racially motivated forced evictions;~~with Union law as well with other international human rights obligations, such as those of the European Convention on Human Rights; furthermore calls for an increase in the number and availability of desegregation experts in the Member States most concerned in order to support authorities in ensuring that European structural and investment funds effectively promote desegregation, and calls for the European Social Fund and the European Regional Development Fund (ESF-ERDF) to be earmarked for spatial desegregation measures;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 17 a (new)

17 a. Calls on the Member States to take effective measures to ensure equal treatment of Roma in access to housing, in particular by promoting desegregation, eliminating any spatial segregation and by promoting community-led local development and integrated territorial investment supported by ESIF;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 17 b (new)

17 b. Urges Member States to ensure access to public utilities, such as water, electricity and gas, and infrastructure for housing in compliance with national legal requirements;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 17 c (new)

17 c. Welcomes pro-active initiatives that seeks to improve the situation of Roma in cities. Acknowledges the initiative of Eurocities that collects evidence of the situation of Roma in cities through a mapping exercise exploring the characteristics of Roma communities living in the cities, the challenges they face and the city responses to these,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 17 d (new)

17 d. Encourages the cross-border cooperation of local stakeholders in order to explore and identify best practices on effective actions for Roma inclusion and actions of fighting anti-Gypsyism at local level,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18

18. Deplores continuing school segregation; calls on Member States to – inter alia – take desegregation ~~measures using adequate resource, paying attention also to intersectional~~and other effective measures to ensure equal treatment and full access for Roma children to high quality and mainstream education and to ensure that all Roma children complete at least compulsory education, while addressing racism and discrimination;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18 a (new)

18 a. Encourages Member States to improve and where necessary to reform the education system, in particular by including digital literacy as well as Roma and non-Roma national and European shared history in the school curricula, ensuring the services of psychologists, carrier builders, and - where relevant - by encouraging greater parental involvement and improving teacher training;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18 b (new)

18 b. Emphasizes the positive influence of extra-curricular development, including health, nutrition, sport and environment-conscious approach at all level of education, starting already at the early childhood education and care;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18 c (new)

18 c. Calls on the Member States to promote policies that have proven to have a significant positive impact, such as vocational and on-the-job training, individual counselling services, social entrepreneurship and first work experience programmes, in order to prevent the intergenerational transmission of poverty in Roma communities;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18 d (new)

18 d. Encourages Member States to provide access to second-chance education, adult learning, also calls for reforming vocational training by introducing measures such as talent support schemes, providing catching up classes;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 18 e (new)

18 e. Highlights the importance of exploring reasons of early school drop- out, in particular the role of anti- Gypsyism in this phenomena, which can be fought most effectively by extra- curricular and skill-development;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19

19. Considers the discrimination of Roma in employment alarming, therefore urges Member States to take effective measures to ensure equal treatment of Roma in access to the labour market and to employment opportunities and dismantle direct and indirect barriers, including discrimination;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 a (new)

19 a. Highlights the positive added- value of promoting first work experience, self-employment and entrepreneurship to the long-lasting employment of Roma, therefore calls for promoting Roma self- employment in order to foster economic independency and ownership of Roma, furthermore emphasizes the positive impact of Roma start-ups and economic incubator clusters;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 b (new)

19 b. Calls on the Member States to closely cooperate with the private sector in order to create new jobs, introduce on- the-job-training schemes, and to provide subsidies to those enterprises who employ Roma and disadvantaged groups; promote social entrepreneurship, to create training programmes which take into account the national labour force tendencies and quality requirements;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 c (new)

19 c. Highlights the importance of regional development as it contributes to the creation of sustainable job opportunities in the least developed regions;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 d (new)

19 d. Calls for Member States to invest into agricultural and renewable energy projects, create social land schemes and programmes with the aim to ensure full employment;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 e (new)

19 e. Calls on the Member States to ambitiously explore how new technologies can assist and contribute to the social and economic inclusion of Roma and to the fight against anti-Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 f (new)

19 f. Calls on the Member States to acknowledge the discrimination and racism affecting Roma and take measures at national and local levels to implement and enforce legal safeguards against discrimination, racism, xenophobia, hate crime and hate speech, in line with the Council Framework Decision 2008/913/JHA. Calls on the Member States to take effective measure to combat anti-Roma rhetoric and hate speech and addressing racist, stereotyping or otherwise stigmatising language or other behaviours that could constitute incitement to discrimination against Roma;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 19 g (new)

19 g. Deplores the rising criminalisation and radicalisation of Roma, calls on the Member State to prevent their criminalisation, in particular taking effective measures on their social and economic inclusion and addressing anti- Gypsyism,

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 20

20. ~~Urges the Commission and Member States to pay special attention to Roma facing multiple and intersectional discrimin~~Calls on the Member States to implement measures to combat the multiple and intersectional discrimination and prejudice that Roma people are facing in all areas of society, in particular by raising awareness and sensitising measures aimed at the mainstream population, in particular on the benefits of Roma integration for both the Roma communities and the mainstream population;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 20 a (new)

20 a. Urges the Member States to strengthen the role regional and local authorities in order to give them the competence, mandate and resources to fight for the social inclusion. Acknowledges the special role of local authorities as the discrimination and social exclusion is happening mainly at local level;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 20 b (new)

20 b. Encourages Member States to promote Roma culture, language or history, where relevant, through addressing those aspects in school curricula and teaching materials, academic programmes, research and media;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 20 c (new)

20 c. Calls on the Member States to support the work and institutional capacity of bodies for the promotion of equality treatment by granting them adequate resources so that they can provide effective legal and judicial assistance;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 20 d (new)

20 d. Asks the Member States to empower the national Roma Contact Points by ensuring that they have an adequate mandate, the necessary resources and suitable working conditions in order to carry out their coordination tasks;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 21

21. Is concerned about the low level of participation of Roma as interlocutors with or seated representatives of local, regional and national governments and the failure of governments to guarantee their exercise of full citizenship, calls for Roma empowerment programmes;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 22

22. Calls on Member States to provide mandatory, practical and intersectional fundamental rights and non-discrimination- related training for all those public officials, who are duty bearers;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 23

23. Calls on Member States, given the power of the media~~, to provide obligatory training on the challenges faced by Roma and harmful stereotypes and to promote the recruitment of Ro~~ in influencing the public thinking, to provide obligatory training to those working in public broadcasting and media on the challenges and discrimination faced by Roma in order to sensitize the ma in ~~public media~~stream population;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 24

24. ~~Calls on~~Encourages Member States to include mandatory human rights and democratic citizenship training ~~in their school curricula, and to strengthen Roma people’s ability to exercise their equal rights by organising empowerment programmes for young Rom~~as well as the history of European nations (European history) in their school curricula, and where relevant, depending on the size and social and economic situation of their Roma communities and the gap between Roma and non-Roma populations to add history and culture of Roma to their school curricula;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 24 a (new)

24 a. Notes with regret that despite all the efforts, measures made by the Commission and Member States, only limited progress has been made in advancing Roma integration, in particular at the local level; furthermore notes that among the reasons of the poor results are insufficient cooperation between stakeholders, a lack of commitment by local authorities and the ineffective use of available funds and continued discrimination against Roma;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 24 b (new)

24 b. Calls on the Commission when evaluating of the current Framework for National Roma Integration Strategies to explore the achievements and identify the shortcoming of the Framework, taking into account the recommendations of the Court of Auditors, FRA and all relevant stakeholders;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25

25. Calls on the Commission to ~~continu~~upscale the EU Framework for National Roma Integration Strategies after 2020, to place anti-Gypsyism in its focus and to introduce anti-discrimination indicators in the relevant fields; calls furthermore on the Commission to treat anti-Gypsyism as a horizontal issue, and to develop an inventory of practical steps for Member States to combat it, and to set up a Commissioner-level project team on Roma issues to safeguard the creation of non-discriminatory and complementary EU funds and programmesinto an even more comprehensive approach by not focusing only on social and economic inclusion of Roma but also by extending the scope to anti-Gypsyism;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 a (new)

25 a. Calls on the Commission to continue to provide support, guidance and funding to national, regional and local authorities, Roma civil society and other relevant actors actively engaged in Roma integration, particularly local actors working directly with Roma communities, while these guidelines should include tools and measure for tackling anti- Gypsyism at different level of society;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 b (new)

25 b. Encourages the Member States to be ambitious in setting up National Roma Strategies, addressing not only the social and economic aspect but taking a more comprehensive approach and linking it with combating racism, while sensitising, working on mutual trust and empowering Roma;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 c (new)

25 c. Notes that given the various size and socio-economic situation of Roma in the Member States, there cannot be one single European solution to the issue, therefore national approach should reflect these diversities, specific circumstances and needs on the ground;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 d (new)

25 d. Calls on the Member States to work closely with every stakeholder, including regional and local entities, academic, private sector, grassroots organisations and NGOs;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 e (new)

25 e. Urges the Commission and Member States to further develop the data collection, field-work based, financial and quality oriented monitoring and reporting methodologies as they support effective evidence-based policies and can contribute to improving the effectiveness of strategies, actions and measures taken;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 25 f (new)

25 f. Calls on the Commission to further investigate the relevance of recording ethnic data for academic and research purposes on voluntary basis;

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 26

~~26. Calls on the Commission and Member States to adopt and disseminate the definition of anti-Gypsyism by the ECRI;~~deleted

2017/07/19
Committee: LIBE

2017/2038(INI)

Motion for a resolution
Paragraph 27

27. Calls on all political groups in Parliament and political parties in the Member States to respect the revised charter of European political parties for a non-racist society, and asks them to regularly renew their commitment;

2017/07/19
Committee: LIBE

2017/2024(INL)

Draft opinion
Paragraph 1

1. Invites the Commission to increase the transparency of its decision-making process and to formally clarify ECI admissibility criteria by exhaustively substantiating the reasons for ECI approval/rejection in all Commission Decisions published in the ECI register; calls upon the Commission to codify the rulings of the Court of Justice in the cases Anagnostakis/Commission,Costantini e.a/Commission and Izsák and Dabis v Commission, as well as relating to the “Minority Safepack” and “Stop TTIP” initiatives; welcomes the Commission’s change in practice to allow for partial ECI registration;

2017/07/27
Committee: PETI

2017/2024(INL)

Draft opinion
Paragraph 2

2. Calls for the simplification of online signature collection (“OCS”) and verification and for a progressive approach to countering the technological barriers to OCS; invites the Commission to address data requirement divergences in national systems, especially regarding nationality and place of residence; welcomes the AFCO proposal that the Commission run a free, centralised OCS system; suggests that this system make use of existing, proven online platform technologies and enable synergies with social media tools to galvanize more widespread signature collection; suggests the Commission to simplify the forms for the paper based signature collection in order to make it more comprehensible and user friendly; requests the Commission to clarify whether all EU language versions of statement of support forms can be used in all EU Member States; welcomes the Commission’s public survey on creating a “Collaborative ECI Platform”; invites the Commission to prolong the collection period such that the clock for collection starts running from the date of ECI registration; calls for greater transparency measures for ascertaining ECI financing;

2017/07/27
Committee: PETI

2017/0220(COD)

Pál CSÁKY, László TŐKÉS

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1

All statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers (the 'collection period'), without prejudice to Article 11(6). That date must be not later than ~~three~~six months from the registration of the initiative in accordance with Article 6.

2018/03/06
Committee: PETI

2017/0220(COD)

Pál CSÁKY, László TŐKÉS

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The group of organisers shall submit the statements of support to the competent authorities only where the minimum numbers of signatories laid down in Article 3(1)(a) have been reached by the initiative, having regard to the minimum number laid down in Annex I to the statements of support.

2018/03/06
Committee: PETI

2017/0144(COD)

Proposal for a regulation
Recital 9

(9) The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council22 to identify the Member State(s) holding information on previous convictions of third country nationals (ʻECRIS-TCN system’) should be entrusted with the task of developing and operating the new centralised ECRIS-TCN system, given its experience with managing other large scale systems in the area of justice and home affairs. Its mandate should be amended and adequate additional financial and human resources should be made available to reflect these new tasks. _________________ 22 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286 1.11.2011, p. 1).

2017/11/30
Committee: LIBE

2017/0144(COD)

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

The provisions of this Regulation that apply to third country nationals shall also apply to citizens of the Union within the meaning of Article 20(1) TFEU who hold the nationality of a third country and who have been subject to final decisions against them of criminal courts in the Member States .

2017/11/30
Committee: LIBE

2017/0144(COD)

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

(c) 'criminal record' means the information stored in the national register or registers recogarding convictions handed down against a person in accordance with national law;

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 11 – paragraph 3

3. eu-LISA shall define the design of the physical architecture of the ECRIS- TCN system including its technical specifications and their evolution as regards the Central System referred to in point (a) of Article 4(1), the national central access point referred to in point (b) of Article 4(1) and the Interface Software referred to in point (c) of Article 4(1). ~~That design shall be adopted by its Management Board, subject to a favourable opinion of the Commission.~~

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 11 – paragraph 4

4. eu-LISA shall develop and implement the ECRIS-TCN system ~~before [two years~~as soon as possible after the entry into force of this Regulation] and ~~following~~ the adoption by the Commission of the measures provided for in Article 10.

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 11 – paragraph 5

5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. It shall be composed of ~~eight~~seven representatives appointed by the Management Board from among its members or their alternates, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36, a member representing eu-LISA appointed by its Executive Director and one member appointed by the Commission. The members appointed by the Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 11 – paragraph 7

7. The chairmanship shall be held by ~~the~~a Member State ~~holding the Presidency of the Council of the European Union, provided that i~~that is fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. ~~If this requirement is not met, the chairmanship shall be held by the Member State which shall next hold the Presidency and which meets that requirement.~~

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 11 – paragraph 9

9. During the design and development phase, the ECRIS-TCN system Advisory Group referred to in Article 36 shall be composed of the national ECRIS-TCN system project managers and chaired by eu-LISA. During the design and development phase it shall meet at least once a month until the start of operations of the ECRIS-TCN system. It shall report after each meeting to the Management Board of eu-LISA. It shall provide the technical expertise to support the tasks of the Management Board and shall follow-up on the state of preparation of the Member States.

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 12 – paragraph 2

2. Each Member State shall give the staff of its authorities which have a right to access the ECRIS-TCN system appropriate training on the use of ECRIS-TCN system, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.

2017/11/30
Committee: LIBE

2017/0144(COD)

Proposal for a regulation
Article 20 – paragraph 1

Member States shall take the necessary measures to ensure that any use of data entered in the ECRIS-TCN system in contravention of this Regulation is punishable by penalties in accordance with national law, Article 84 of Regulation (EU) 2016/679 and Article 57 of Directive (EU) 2016/680, that are effective, proportionate and dissuasive.

2017/11/30
Committee: LIBE

2017/0144(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 34 – paragraph 4

4. Two years after the start of operations of the ECRIS-TCN system and every second year thereafter, eu-LISA shall submit to the Commission a report on the technical functioning of the ECRIS- TCN system and the ECRIS reference implementation, including the security thereof, based in particular on the statistics on the functioning and use of ECRIS-TCN system and on the exchange, through the ECRIS reference implementation, of information extracted from the criminal records.

2017/11/30
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 7

(7) The ~~Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify and~~European Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. The~~refore, the margin of discretion, which Member States ha~~se guidance and opinions should take into account the dual objective inof this rReg~~ard,~~ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Recital 9 a (new)

(9a) For the purpose of this Regulation, where the provider of an electronic communications service is not established in the Union, it shall designate a representative in the Union. The representative should be designated in writing. The representative may be the same as the one designated under Article 27 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 11

(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 12

(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to- machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to-machine communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 13

(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. It should apply to restricted-access services offered by social network services, such as user- created groups or private messaging, as long as the social network service as a whole is publicly available. In contrast, this Regulation should not apply to closed groups of end-users such as corporate networks, access to which is limited to members of the corporation.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 15

(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. The prohibition of interception of communications data should apply during their conveyance~~, i.e. until~~. For non-real- time electronic communication such as email or messaging, the transmission starts with the submission of the content for delivery and finishes with the receipt of the content of the electronic communication by the service provider of the intended ~~addressee~~recipient. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. ~~Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned.~~ As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users’ consent.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 16

(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 17

(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. ~~Where a type of processing of electronic communications metadata, in particular using new technologies,~~ As an exemption from obtaining end-user´s consent, the processing of metadata for purposes other thand t~~aking into account the nature, scope, context and purposes of~~hose for which they were initially collected should be allowed in cases where the processing, is ~~likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a cons~~compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regultation ~~of the supervisory authority should take place prior to the processing, in accordance with~~(EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Articles 35 ~~and 36~~ of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 19

(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organisation of the mailbox, calendar assistants or SPAM filter service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 20

(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent or for clearly defined exceptions and for specific and transparent purposes.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 21

(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Csaba SÓGOR, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 22

(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using ~~the~~ appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 25

(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Viviane REDING, Carlos COELHO, Pál CSÁKY

Proposal for a regulation
Recital 26

(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security ~~and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State~~, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 30

(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 31

(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, ~~providers of publicly available directorie~~upon giving their consent the end-users should be inform ~~the end-users~~ed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 33

(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of ~~similar~~ products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Recital 37

(37) Service providers who offer electronic communications services sh~~ould inform end- users of measures they can take to protect~~ all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 4 – paragraph 2

2. For the purposes of point (b) of paragraph 1, the definition of ‘interpersonal communications service’ shall include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY

Proposal for a regulation
Article 5 – paragraph 1

Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance ~~or processing~~ of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI, Pál CSÁKY

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Elissavet VOZEMBERG-VRIONIDI, Pál CSÁKY

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) it is necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Providers of electronic communication networks and services and third parties may process electronic communication data to the extent strictly necessary for the purpose of ensuring security of network and information if it is necessary to protect, maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications, protect the privacy and safety of end-users or of third parties or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. Providers of electronic communications networks and services may process electronic communications metadata if:

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users~~, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.~~;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)

(c a) the processing of these data for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)

(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 6 – paragraph 3 – point a

(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user ~~or end-users~~ concerned haves given ~~thei~~his or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 7 – paragraph 1

1. Without prejudice to ~~point (b) of~~ Article 6(1a) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 7 – paragraph 2

2. Without prejudice to ~~point (b) of~~ Article 6(1a) and points (a), (c), (ca) and (cb) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) it is necessary for providing an information society service requested by the end-user which shall include inter alia maintaining, operating and managing the integrity, access or security of the information society service, enhancing user experience or measures for preventing unauthorized access to or use of the information society service according to the terms of use for making available the service to the end-user; or

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) if it is necessary for ~~web~~ audience measur~~ing, provided that such measurement is carried out by the provider of the information society service requested by the end-user.~~ement for an information society service requested by the end-user, including where such measurement takes place for the purposes of calculating royalties for collective rights management or other remuneration or payment systems, or

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(d a) under the conditions as set out in point (b) of paragraph 2 and paragraph 3.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 3

3. The information to be provided pursuant to point (e) of paragraph 1 and point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 9 – paragraph 1

1. The definition of and conditions for consent provided for under Articles 4(11) ~~and 7~~ of Regulation (EU) 2016/679/EU shall apply.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 9 – paragraph 2

2. W~~ithout prejudice to paragraph 1, w~~here technically possible and feasible, in particular for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by continuing the use of an information society service, having been provided with clear and comprehensive information that this action by the end-user signifies consent.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 10 – paragraph 2

2. Upon installation, the software shall inform the end-user about the privacy settings options ~~and, to continue with the installation, require the end-user to consent to a setting~~. After installation and insofar the privacy settings prevent storing and reading of information on the terminal equipment, the software shall ensure that an information society service requested by the end-user may prompt that end-user for his or her expression of consent in the sense of Art. 8(1) point (b) and that a consent given in this context by an end-user is accordingly applied by the software, e. g. via offering an interface or plugin.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2 a. The software shall not block data processing which is legally allowed according to Art. 8 (1) a), c) or d) or (2) a), irrespective of the browser settings.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 11 – paragraph 1

1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 1

1. The providers of publicly available directories shall obtain the consent of end-users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Provideoperators of electronic information, communication and telecommunication services collect the data of end-users who are natural persons to include their personal data in publicly available directories. They grant end-users who are natural persons the right to object against the inclusion of their related data in directories. The operators shall give end-users who are natural persons the ~~means~~option to verify, correct and delete such data.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 2

2. ~~The providers of a~~In publicly available directoryies the providers of these directories shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory ~~and obtain~~. The operators shall inform end- users~~’ consent before enabling such~~ if new search functions are~~lated to their own data~~ enabled.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 3

3. The ~~providers of publicly available directori~~operators of electronic information, communication and telecommunication services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the director~~y. Provide~~ies. The operators shall give such end-users that are legal persons the ~~means~~option to verify, correct and delete such data. Natural persons who act with commercial intent, such as freelancers, small traders or self- employed persons, are equated to legal persons.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4 a. This article shall not apply to data information published in other publicly accessible sources, nor to data which are provided by end-users themselves.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 2

2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own ~~similar~~ products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.

2017/07/14
Committee: LIBE

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 3 – introductory part

3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code/or prefix identifying the fact that the call is a marketing call.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 3 – point a

~~(a) present the identity of a line on which they can be contacted; or~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 16 – paragraph 3 – point b

~~(b) present a specific code/or prefix identifying the fact that the call is a marketing call.~~deleted

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 17 – title

~~Information about detected security risk~~Security obligations

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Frank ENGEL, Tomáš ZDECHOVSKÝ, Rachida DATI, Brice HORTEFEUX, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 17 – paragraph 1

~~In the case of a particular risk that may compromise the security of networks and~~Provider of electronic communications services, the provider of an electronic communications service shall inform end-users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved shall comply with the security obligations as prescribed Regulation (EU) 2016/679 and [European Electronic Communications Code].

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 27 – paragraph 1

1. Directive 2002/58/EC is repealed with effect from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 28 – paragraph 1

By ~~1 January 2018~~[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.

2017/07/14
Committee: LIBE

2017/0003(COD)

Michał BONI, Roberta METSOLA, Frank ENGEL, Tomáš ZDECHOVSKÝ, Carlos COELHO, Pál CSÁKY, Elissavet VOZEMBERG-VRIONIDI

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1

It shall apply from ~~25 May 2018~~[1 year after entering into force of this Regulation].

2017/07/14
Committee: LIBE

2016/2146(INI)

Motion for a resolution
Recital C

C. whereas the number of petitions received is modest when compared to the EU’'s total population, which indicates that the vast majority of EU citizens are not yet aware of the right to petition, or of its possible usefulness as a means of drawing the attention of the EU institutions and the Member States to matters which affect and concern them, and come within the Union's field of activity;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital E

E. whereas petitioners tend to be citizens engaged in the improvement and future well-being of our societies; whereas the experience of these citizens in regard to the processing of their petitions may determine their perception of the EU institutions and respect for the right to petition ~~contained in EU law~~;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital G

G. whereas the right to petition has to be a key element for a participatory democracy; whereas petitions enable the European Parliament to listen to and help to solve problems affecting its citizens, and whereas the impact of EU legislation on the daily life of ~~those living in the EU should~~EU citizens can be assessed also through ~~said~~ petitions;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital H

H. whereas confidence in the system and in the European project as a whole has been dented by recent events ~~in the United Kingdom, the humanitarian refugee crisis, the social and economic impact of the financial crisis, and the rise in xenophobia and racism throughout Europe~~; whereas the Committee on Petitions has the responsibility and the ~~huge~~ challenge of maintaining dialogue with EU citizens;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital I

I. whereas the Committee on Petitions is best able to show citizens what the European Union does for them and what solutions it can provide at European, national or local level; whereas the Committee on Petitions can do ~~excelle~~significant work explaining the successes and benefits of the European project;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital J

J. whereas the right to petition should enhance the European Parliament’'s capacity to react, helping to resolve problems relating mainly to ~~how EU legislation is applied~~application of EU law, as petitions constitute a valuable source of information in detecting deficiencies in how EU legislation is applied; whereas petitions are a basic tool in the early detection of those Member States lagging behind in transposition of EU law; whereas, through petitions, EU citizens can complain about shortages in implementation of EU law and help detect breaches of EU law;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital K

K. whereas, therefore, petitions are very important for the legislative process as they provide other Parliament committees with useful and direct input for their legislative work in their respective fields; whereas petitions ~~are not solely the responsibility of the Committee on Petitions, but~~ should rather be a shared endeavour of all Parliament committees;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital L

L. whereas, through petitions, EU citizens can complain about poor implementation of EU law; whereas in so doing citizens act as a useful source of information when it comes to detecting breaches of EU law;deleted

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital M

M. whereas the Committee on Petitions has made greater use of the specific committee tools at its disposal, such as oral questions and short resolutions, so as to give visibility to the different issues of concern to citizens, or the sending of questions and resolutions to the plenary of Parliament~~, such as the resolutions on mortgage legislation and risky financial instruments in Spain or the best interests of children in Europe~~;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital N

N. whereas during 2015 petitions lodged by citizens were processed faster and with greater efficiency, the timespan involved in correspondence with petitioners having been reduced; whereas the Committee succeeded in reducing the accumulated petition backlog; whereas figures indicate that the revised administrative procedure of the Parliament has a positive impact on the work of the Committee on Petitions;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital O

O. whereas petitioners actively contribute to the work of the Committee, providing additional information to its members, the Commission and representatives of the concerned Member States ~~who may be present~~; whereas petitioners, by taking part in these discussions and presenting their petitions along with more detailed information, contribute to establishing a fluid dialogue with Members of the European Parliament and with the European Commission; whereas in 2015, 191 petitioners attended and were involved in the Committee’s deliberations; whereas although this number seems relatively low, the meetings of the Committee on Petitions are broadcast, enabling petitioners to follow live discussions in real time by means of internet streaming;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital P

P. whereas a specific way of handling petitions relating to the welfare of children has been adopted and a ~~special~~ working group created on the issue, whereas the aim and wthe~~reas the group was constituted on 17 September 2015, having elected Eleonora Evi as its chair~~ added value of the working group should be to deliver adequate and prompt answers to the problems raised in petitions regarding children;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital R

R. whereas these petitions resulted in complaints on environmental issues; whereas the Commission sent a letter of formal notice to ~~Finland~~one Member State regarding the transposition of the Directive on public access to environmental information; whereas in a further five cases regarding the environment the Commission initiated bilateral talks with the Member States concerned; whereas the cases were related to shale gas, management of wolves, the incorrect application of the Directive on strategic environmental assessment and compliance of national legislation with the requirements of the Directive on public access to environmental information;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital S

S. whereas petitions filed by citizens also deal with ~~justice issues~~issues regarding justice and judicial cooperation, in one instance motivating the Commission to initiate a bilateral dialogue with a Member State on its restrictions regarding change of name after marriage;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital X

X. whereas the key issues of concern raised in petitions pertain to a wide range of issues, such as environmental legislation (in particular, waste water treatment, waste management, gas and hydrocarbon prospection and extraction), fundamental rights (in particular the rights of the child ~~and~~, of persons with disabilities and of minorities), the free movement of persons, discrimination, immigration, employment, animal welfare, the application of justice (in particular custody rights regarding minors) and breaches of consumer rights;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital AC

AC. whereas the European Citizens’' Initiative (ECI) has to be an important tool for enabling citizens to directly participate in the ~~EU poli~~development of EU policies, and its potentical ~~decision-~~must be exploited fully; whereas the makin~~g process, and its potential must be exploited fully~~ differences between the ECI and the right to petition should be better communicated to the citizens; whereas the Parliament has a specific responsibility in rendering this instrument a real success; whereas, as emerged from statements in the public hearing of 22 February 2015, there is a widespread feeling on the part of organisations ~~process~~registering an ECI that the administrative barriers need to be removed in order to obtain the best possible results in regard to participation by citizens;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital AE

AE. whereas in 2015, owing to the workload of the Committee on Petitions, ~~only~~ one fact-finding visit took place for petitions for which an inquiry was ongoing during 2015; whereas the fact-finding visit to the United Kingdom on 5 and 6 November 2015 on the issue of adoption without parental consent gave delegation members a deeper understanding of the situation as they were able to discuss the problem with representatives of the different UK institutions involved in the case;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital AF

AF. whereas ~~in 2016, once the workload stabilised, three fact-finding visits were carried out with regard to petitions for which an inquiry was ongoing in 2016; whereas the~~fact-finding visits are a specific prerogative of the Committee and a fundamental part of its work, which entails interacting with petitioners and the authorities of the Member States concerned; whereas members of the Committee delegations take part in all activities, including the drafting of the final report, on an equal footing;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Recital AH

AH. whereas on 26 May 2015 ~~Emily O’Reilly,~~ the European Ombudsman, presented her Annual Report for 2014 to ~~Martin Schulz,~~the President of the European Parliament. whereas on 23 June 2015 the Ombudsman presented her report at the meeting of the Committee on Petitions, the body responsible for relations with her institution.

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 1

1. Stresses that the right to petition should enhance the European Parliament’'s capacity to ~~react, helping to~~ resolve problems relating mainly to implementation and application of EU legislation, as petitions constitute a useful source of information in detecting ~~breaches in the implementation of EU legislation~~potential breaches of EU law; in this regard and to better respond citizens' needs emphasizes the importance of complying with the administrative reform of the Parliament in order to make the work of the Committee on Petitions more effective;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 2

2. Stresses the work that the Committee on Petitions carries out in listening to and ~~helping to solve~~finding solutions for problems affecting ~~its~~EU citizens; believes that petitions can help in assessing the impact that EU legislation has on their daily lives;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 3

3. Highlights the fact that the task of the Committee on Petitions ha, to maintain the dialogue with citizens is an opportunity and ~~the huge~~a challenge ~~of maintaining a dialogue with citizens~~in the same time as it has the possibility to bring the EU~~’s institutions and citizens together once again~~ closer to its citizens;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 4

4. Stresses that petitions are ~~very~~also important for the legislative process, as they detect deficiencies in the transposition of Community legislation and provide other Parliament committees with useful ~~and direct~~ input for their legislative work in their respective fields; applauds the ~~setting up of~~intention to establish an informal petitions network within Parliament, with the participation of Members representing every committee of Parliament, in order to ensure smooth and effective coordination of petitions work; ~~considers that petitions are not solely the responsibility of the Committee on Petitions, but should be a shared endeavour of all of the European Parliament’s committees; urg~~believes that the network will enable a better understanding of the role of the petitions within the parliamentary work and strengthen the cooperation between the committees in matters raised by the petitioners; invites all parliamentary committees concerned to pay due attention to the petitions forwarded to them and to provide the information necessary for petitions to be processed properly;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 5

5. Welcomes the fact that in 2015 the time ~~taken~~ to process petitions ~~fell~~has been reduced, maintains nonetheless that ~~the Secretariat of the Committee on Petitions is in need of greater technical resources and personnel in order to guarantee a reduction in~~ petitions processing should be digitalized, in particular through the introduction of new information and communication technologies in order to guarantee efficient and timely petitions treatment in compliance withe t~~ime taken to process petitions~~he revised administration procedure;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 6

6. Notes that, as mentioned by the First Vice- President ~~Timmermans~~of the European Commission at his meeting with the Committee on Petitions on 5 May 2015, the Commission is involved with and committed to the petition process and responds as quickly as possible to new petitions forwarded to it by Parliament; points out that Commission replies are usually detailed and pertain to the petitions for which it has jurisdiction; recalls however that on many occasions the Commission does not bring any new information in its replies to petitions for which a review has been requested owing to a change in their status and context; reminds the Commission that petitions which raise a potential breach of EU law can only be closed after their proper analysis has been concluded; notes that the written responses are monitored, as are explanations given during oral debates held by the Committee on Petitions; notes that when the Commission cannot provide a detailed response to a request from the Committee on Petitions, it is because it has no ~~jurisdiction~~competence in the matter; notes the Commission’'s commitment in sending generally competent officials to meetings of the Committee on Petitions; regrets that during ~~public debates with petitioners and Members of Parliament the officials sent by the Commission do not provide any new or relevant information that might enable a solution to the issues raised~~the committee meetings the answers of the Commission are generally limited to the content of the official reply sent to the Committee;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 7

7. Confirms that, in the interests of transparency and in a spirit of faithful cooperation between the EU institutions, and pursuant to the Framework Agreement on relations between the European Parliament and the European Commission, upon request and where required the Commission will provide the European Parliament with a synthesis of the individual cases related to the EU Pilot procedures; notes that, according to confirmation from the Court of Justice, confidentiality requirements apply to dialogue between the Commission and Member States concerning open EU Pilot cases, and also notes that such information is confidential; reiterates its call on the Commission to inform the Committee on Petitions about the developments in infringement proceedings which are directly linked to petitions;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 8

8. Considers essential improving the cooperation with national parliaments and their relevant committees and with Member State governments; repeats its call for launching a structured dialogue with Member States in the form of regular meetings with the relevant national parliament committees; is pleased that a delegation from the Committee on Petitions of the German Bundestag was present at the Committee meeting held on 4 May 2015;encourages the representatives of Member States and of local and/or regional authorities concerned to attend the meetings~~; highlights the need for~~ of the Committee on Petitions; reminds at the importance of the participation of Council and Commission representatives ~~to be present~~ at meetings and hearings of the Committee on Petitions;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 9

9. Reiterates the call of the report on the activities of the Committee on Petitions 2013 (2014/2008 (INI)) for an enhanced structured dialogue to be launched with Member States, for example, by holding regular meetings with members from national Petitions Committees or other competent authorities; is pleased that a delegation from the Committee on Petitions of the German Bundestag was present at the Committee meeting held on 4 May 2015;deleted

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 10

10. Is pleased that in 2015 191 citizens presented their ~~case~~petitions directly to the Committee on Petitions; recalls and supports the increased use of videoconferencing or any other means that enables petitioners to become actively involved in the work of the Committee on Petitions when they cannot be physically present;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 11

11. ~~Notes~~Takes note of the restrictive and narrow interpretation of the European Commission in relation to Article 51(1) of the Charter of Fundamental Rights which states, inter alia, that the Charter is addressed to the Member States ‘'only when they are implementing Union law’'; notes that Article 51(2) of the Charter states that the Charter ‘'does not extend the field of application of Union law beyond the powers of the Union’'; notes, however, that this does not mean that citizens are unprotected if they believe that their fundamental rights have been violated in cases where EU law is not applied, as in such cases it is up to the Member States to ensure the protection of fundamental rights in accordance with their national legislation and international obligations; reminds that the expectations of EU citizens often go beyond the Charter; invites the Commission to consider a new approach that is more consistent with those expectations in line with the principle of subsidiarity;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 12

12. Deplores the strict way in which the Commission has interpreted Article 51 of the Charter of Fundamental Rights with its stipulation that ‘the provisions of the [...] Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law; recalls that, owing to the existence of Article 51 of the Charter, the expectations of citizens often go beyond what the Charter’s legal provisions strictly allow for; calls on the European Commission to adopt a new approach that is more consistent with those expectations;deleted

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 13

13. Points to the important ongoing work carried out by the Committee on Petitions in the context of the application of the UN Convention on the Rights of Persons with Disabilities; duly notes that 2015 was a very significant year in that for the first time a United Nations agency reviewed the fulfilment of human rights obligations in the EU; is pleased to note that a United Nations committee had the opportunity to hear all the details regarding the protection provided by the Committee on Petitions; underscores that the Commission has begun to incorporate the concluding observations by the UN Committee on the Rights of Persons with Disabilities into the petition treatment process1 ; is pleased to note that the public hearing ‘Protecting the rights of people with disabilities, from the perspective of petitions received’ organised by the Committee on Petitions on 15 October 2015, was highly accessible; draws attention to the importance of the findings of the study commissioned by Policy Department C entitled ‘The protection role of the Committee on Petitions in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities’; considers it important that the Committee on Petitions continues to organise events focusing on petitions in the field of disability; calls for the capacity of the Committee on Petitions and its Secretariat to be enhanced to enable it to properly fulfil its protection role; calls for the establishment of a designated officer responsible for the processing of disabilities-related issues; notes the Committee’s significant follow-up action in 2015 with regard to disability with respect to more specific topics such as the ratification of the Marrakesh Treaty ~~(petition No 0924/2011)~~, the unlocking of the anti-discrimination Directive ~~(petition No 0360/2009)~~, exemption from customs duties for certain products designed to promote the cultural, educational or scientific advancement of persons with disabilities ~~(petition No 0240/2015) or family caregivers (petition No 0098/2015)~~or family caregivers; __________________ 1 Adopted by the UN Committee at its 14nth session (17 August to 4 September 2015); see: http://tbinternet.ohchr.org/_layouts/treatyb odyexternal/Download.aspx?symbolno=C RPD%2fC%2fEU%2fCO%2f1&Lang=en

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 14

14. Stresses the wide range of subjects raised in the petitions filed by citizens, such as fundamental rights, the rights of persons with disabilities, rights of persons belonging to different minorities, rights of children, the internal market, environmental law, labour relations, migration policies, trade agreements, public health issues, child welfare, transport, animal rights and discrimination;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 14 a (new)

14a. Emphasizes the sensitive character of the petitions related to children's rights as in such cases there is a need to urgently and adequately respond to petitioners' concerns while preserving children's best interests, with regard to the investigation nature of the PETI Committee, underlines that any working group should have a clear mandate in compliance with the revised petitions administrative procedure in the EP to deliver tangible results and to avoid any unjustified delay in the petitions treatment;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 15

15. Believes that the organisation of public hearings is a~~n important way of~~ good way of better examining problems raised by petitioners; draws attention to the public hearings organised on 26 February 2015 with the Committee on the Environment, Public Health and Food Safety in response to the ECI on ‘Water is a Human Right’, and with the Committee on Legal Affairs for the ECI entitled ‘One of Us’underlines the importance of the hearing organised on the Right to Petition on 23 June 2015; additionally draws attention to the public hearings organised together/jointly with other committees of the Parliament as the hearing on the European Citizens' Initiative with the Committee on Constitutional Affairs, the hearing on the Reform of the Brussels II Regulation with the Committee on Legal Affairs; the hearing in response to the ECI on 'Water is a Human Right' with the Committee on the Environment, Public Health and Food Safety, the hearing on the European Citizens' Initiative "Stop Vivisection" with the Committee on Agriculture and Rural Development and the hearing for the ECI entitled 'One of Us' organized together with the Committee on Legal Affairs; also finds useful the workshop held together with the Committee on Legal Affairs on cross- border adoptions for identifying the possible solutions in specific matters;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 16

16. Considers that the European Citizens’' Initiative (ECI) ~~is a new political~~as the latest right ~~for~~of EU citizens as well as a relevant agenda-setting tool for participatory democracy in the European Union, ~~allowing~~should enable interested citizens to play an active part in projects and processes that affect them, ~~and~~recalls that the potential of ~~which~~the ECI instrument must unquestionably be exploited to the full and significantly enhanced in order to achieve the best results and to encourage as many EU citizens as possible to participate in the further development of the European integration process; likewise considers that it must be one of the EU’'s priority objectives to strengthen the democratic legitimacy of its institutions; reminds the European Commission of the need to follow up on all the recommendations made in the European Parliament resolution of 28 October 2015 on the European Citizens’' Initiative (2014/2257(INI) ~~to ensure thereby that the right to present a European Citizens’ Initiative is properly implemented~~; reaffirms its commitment to being proactively involved in organising public hearings for successful initiatives; undertakes to give priority, at institutional level, to the effectiveness of this participative process and to ensuring due legislative follow-up;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 17

17. Deplores the fact that the Commission considers that it is too early to revise Regulation (EU) No 211/2011 of 1 April 2012 which entered into force three years ago; considers that it is necessary to ~~thoroughly evaluate its implementation to~~ identify possible deficiencies and propose workable solutions with a view to revising it soon; welcomes the Commission’s report of 31 March 2015 on the ECI, and the European Ombudsman’s Decision OI/9/2013/TN, and calls on the Commission to ensure, in its revision of this instrument, that all the appropriate legal measures are taken with a view to providing proper follow-up when an ECI is deemed to have been completed successfully; calls on the Commission, in view of the various weaknesses identified, to present a proposal for reform of Regulation (EU) No 211/2011 as soon as possible;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 18

18. Draws attention to its resolution of 8 October 2015 on mortgage legislation and risky financial instruments in Spain in the light of the petitions received, concerning which Parliament issued a series of recommendations for the proper application of EU mortgage legislation; calls on the Commission to supervise ~~closely~~ the implementation in all Member States of Directive 2014/17/EU on credit agreements and to share best practices in order to improve protection ofor citizens in financial difficulties;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 19

19. Draws attention to its resolution of 21 January 2016 on the activities of the Committee on Petitions 2014 and to its resolution of 25 February 2016 on the annual report on the activities of the European Ombudsman 2014;deleted

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 21

21. Urges the competent administrative bodies to expedite the steps still needed to conclude the ~~introduction of the~~ remaining project phases whereby petitioners will be able to receive information on the status of their petition~~, be~~ and be automatically notified of changes in the processing procedure through ~~automated~~ e-mail messages ~~and directly contact officials of the Committee on Petitions for clear, direct information on the evolution of the issue concerning them~~; underlines that the web portal is a crucial information source for EU citizens, therefore information on the lifecycle of the petition should be provided;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 22

22. Emphasises the important role of SOLVIT, a problem-solving network between the Member States which should be thoroughly developed to its full potential in collaboration with the States and their national SOLVIT centres ~~under their national administrations, and requests that it be given more resources and~~, and requests that a more systematic analysis of the problems identified by SOLVIT be conducted as this network helps to give a realistic picture of the dysfunctions of the single market;

2016/10/24
Committee: PETI

2016/2146(INI)

Motion for a resolution
Paragraph 23

23. Calls on the United Kingdom to take note of the recommendations made in the report of the fact-finding mission conducted in London on 5 and 6 November 2015 which were approved by the Committee on 19 April 2016;deleted

2016/10/24
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 1

1. Believes that the opinions of European citizens voiced by petitioning the European Parliament are fundamentally important in signalling to the European legislator issues that citizens feel concerned about, particularly ~~inadequate distribution of medicines, the impact of the economic crisis on medical and pharmaceutical care, and issues regarding marketing procedures and patents for medicinal products;~~ market failures resulting in restricted access to effective and affordable medicines, the impact of the economic crisis on patients' rights and Member States' healthcare systems, and issues regarding marketing procedures and intellectual property rights in the pharmaceutical sector;

2016/07/25
Committee: PETI

2016/2057(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA

Draft opinion
Paragraph 2

2. ~~Calls for~~Points out that a high level of human health protection has to be ensured in the definition and implementation of all the Union’'s policies and activities, as enshrined in Article 168 of the Treaty on the Functioning of the European Union and required by Article 35 of the Charter of Fundamental Rights of the European Union;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA, György HÖLVÉNYI

Draft opinion
Paragraph 2 a (new)

2a. Welcomes that the Conclusions of the Council on strengthening the balance in the pharmaceutical system in the EU and its Members States outline the most relevant challenges of the pharmaceutical sector and important actions towards a fairer and a more patient-centred healthcare system;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 3

3. Deplores the fact that there is a large ~~18 million people~~number of EU citizens without proper access to health care or medicines, whose human rights are being ~~violated on a daily basis~~threatened; finds it alarming that there are ~~25 000 annual deaths in the EU~~thousands of victims due to lack of new effective antibiotics; and imprudent use of critical antibiotics;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA, György HÖLVÉNYI

Draft opinion
Paragraph 4

4. Recognises ~~as key obstacles to access to medicines~~that the lack of affordability and availability of medicines, the ~~budgetary cuts resulting from~~impact of the financial crisis, the high price of medicines ~~and the~~resulting from monopolies of ~~large~~ companies in the market and the uncontrolled parallel trade constitute considerable obstacles to access to medicines;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 5

5. ~~Highlights the negative impact of Member States’ austerity policies and s~~Stresses that budgetary cuts should not prevent any EU citizen from being able to access medicines;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to continue assessing the functioning of the European pharmaceutical system in order to deliver data and proposals for solutions to ensure the sustainability of the European pharmaceutical system and Member States' health systems, as well as the developments of new and innovative medicinal products;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 5 b (new)

5b. Supports the intention of the Member States to improve the voluntary cooperation between the states and at EU level, especially in the area of pricing, reimbursements and information exchange;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA, György HÖLVÉNYI

Draft opinion
Paragraph 7

7. ~~Identifies~~Notes that patent rights a~~s a major~~nd other innovation promotion measures often create obstacles to access to medicines, and urges public policy makers to take proactive steps towards making generic and biosimilar medicines available in a timely manner, always taking into account the need to ensure the same beneficial effects, continuity of patient care and prevention of any risk of abuse or misuse of the regulatory framework;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA, György HÖLVÉNYI

Draft opinion
Paragraph 8

8. Calls on the Member States to support research and development (R&D) that focuses on the unmet medical needs of all citizens and to guarantee affordable and non-discriminatory access to medical advances in the European Union; emphasizes the importance of further investments through the Horizon2020 and the Innovative Medicines Initiative, as well as the involvement of the European Medicines Agency in the development of innovative medicines;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Julia PITERA

Draft opinion
Paragraph 9

9. Underlines that ~~free trade agreements such as TTIP and TiSA may seriously damage Member States’ healthcare systems, paving the way for wider liberalisation and privatisation in vital sectors and further undermining~~ the principle of universal access to healthcare should be respected also by trade agreements;

2016/07/25
Committee: PETI

2016/2057(INI)

Pál CSÁKY, Peter JAHR, Jarosław WAŁĘSA, Julia PITERA

Draft opinion
Paragraph 10

10. ~~Calls on~~Invites the Member States to consider the possibility of establishment of a pooled public platform for R&D ~~financed by all states via a contribution of 0.01 % of their GDP~~.

2016/07/25
Committee: PETI

2016/2009(INI)

Draft opinion
Recital A

A. whereas petitions to Parliament serve as an important instrument for citizens to report alleged breaches of fundamental rights;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA

Draft opinion
Recital D

D. whereas the joint-report of the Committee on Petitions onand the Committee on Civil Liberties, Justice and Home Affairs on the Special Report of the European Ombudsman’s in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex ~~established that Frontex has a duty to uphold the EU’s standards on the fundamental rights of asylum seekers in its day-to-day operations;~~ acknowledged Frontex’s efforts to enhance respect for fundamental rights and called on the same Agency to deal with individual complaints regarding infringements of fundamental rights in the course of its operations; whereas the respect and safeguarding of fundamental rights also applies to all the EU institutions, agencies and bodies;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA

Draft opinion
Paragraph 2

2. Recalls that the ~~portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents is a guaranteed~~freedom of movement and of residence is a fundamental right conferred on citizens in the Internal Market and by the Charter; notes that many citizens still encounter problems in asserting th~~ese righ~~is right, including the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 3

3. Highlights the rights of people with disabilities~~, who strive to live a life as close to normal as possible~~ to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community; calls on the Commission and the Member States to ensure that these rights are properly respected and applied, notably the rights resulting from the ratification of the United Nations Convention on the Rights of Persons with Disabilities; is of the opinion that EU funds should not go towards projects that are in breach of this fundamental right, such as projects that aim to segregate people with disabilities from the community;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA

Draft opinion
Paragraph 4

4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanism;

2016/09/16
Committee: PETI

2016/2009(INI)

Draft opinion
Paragraph 4

4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanismcommends the inclusion of an independent complaints mechanism as per the Regulation of the European Parliament and of the Council on the European Border and Coast Guard to monitor and ensure the respect for fundamental rights in all the activities of the Agency;

2016/09/16
Committee: PETI

2016/2009(INI)

Draft opinion
Paragraph 5

5. Deplores ~~instances of discrimination against minorities, immigrants and asylum seekers, as well a~~all forms of discrimination including discrimination based on nationality; underlines that cultural and linguistic diversity shall prevail in the European Union; emphasises the importance of ensuring the rights of persons belonging to minorities, in particular the rights of autochthonous and linguistic minorities; furthermore draws attention to the situation of migrants whose fundamental rights shall be respected; reminds restrictions on the freedom of the media regularly reflected in petitions; calls on the Commission and the Member States to pay particular attention to these issues; welcomes the unblocking of the anti- discrimination directive in the European Council;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA

Draft opinion
Paragraph 6

6. ~~Calls on the Member States to guarantee the fundamental rights of citizens from non-EU countries, particularly asylum seekers, living in an EU country~~Points out that the rights of nationals of third countries legally resident in the territory of the EU shall be guaranteed by the Member States as laid down in the Charter ~~of Fundamental Rights~~;

2016/09/16
Committee: PETI

2016/2009(INI)

Draft opinion
Paragraph 8

8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes and parental visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revi~~sion~~ew of the Brussels IIA Regulation;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 9

9. Welcomes the advances made in LGTBTI rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation and limits to the freedom of speech of LGTBTI people;

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 10

10. Encourages the Commission to ~~take up strongly~~effectively take up the issue of national voting rights, particularly in cases where citizens are disenfranchised in national elections when they exercise their fundamental right to free movement and residence.

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Heinz K. BECKER, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 10 a (new)

10a. Calls on the institutions and bodies of the Union and Member States when they are implementing Union law to ensure a high-level of environmental protection and to adhere to the principle of sustainable development; regrets the over-development that is taking place in parts of the EU, which is having negative effects on the environment and the lives of European citizens and residents living in the areas affected.

2016/09/16
Committee: PETI

2016/2009(INI)

Roberta METSOLA, Jarosław WAŁĘSA, Peter JAHR, Svetoslav Hristov MALINOV, Pál CSÁKY, Beatriz BECERRA BASTERRECHEA, Josep-Maria TERRICABRAS

Draft opinion
Paragraph 10 b (new)

10b. Highlights the fundamental right to good administration; calls on Member States to lead by example by ensuring, amongst others, that their administrative processes are open, accountable, fair, transparent and proportionate.

2016/09/16
Committee: PETI

2016/2009(INI)

Motion for a resolution
Recital -A (new)

-A. whereas the European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. The EU and Member States should uphold and enforce these values in every action they take;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital L a (new)

La. whereas the 2005 EP resolution on the protection of minorities and anti- discrimination policies in an enlarged Europe (Moraes report) already called for a greater attention to the minority issues at the Union level, in order to strengthen the measures taken by Member States; whereas in spite of numerous calls on the Commission, no real step has been taken in order to ensure an effective protection of minorities;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital M a (new)

Ma. whereas equal treatment of all citizens is a basic right, not a privilege, pointing out that fundamental freedoms, human rights and equal opportunities should be guaranteed for all citizens of the European Union; whereas minority rights are an integral part of basic human rights; considers it necessary to draw a clear distinction between autochthonous minorities, migrants and asylum seekers;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital M b (new)

Mb. whereas the protection of autochthonous minorities and regional and minority languages in an enlarged EU is still not properly addressed, which cannot be resolved simply by combating xenophobia and discrimination, but by adopting specific measures and standards addressing all aspect of their minority status guaranteeing and protecting their cultural and linguistic diversity;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Recital M c (new)

Mc. whereas there is a difference between the protection of autochthonous minorities and anti-discrimination policies; whereas recalls that autochthonous minorities contribute to the richness and diversity of Europe;

2016/09/21
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 28 a (new)

28 a. Points out the inconsistency of policy toward minorities - while protection of minorities is a part of the Copenhagen criteria, there is still no common EU standard for minority rights;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 29 a (new)

29 a. Stresses that it is essential that the fundamental rights and freedoms of persons belonging to national, ethnic or linguistic minorities are respected and promoted; expresses its concern at the fact that, in everyday life, people belonging to these minority communities cannot fully enjoy their fundamental rights as they encounter obstacles in access to justice, and other public services, education, health and social services, as well as their cultural rights might be curtailed;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 29 b (new)

29 b. Notes that autochthonous minority communities have specific needs different from other minority groups, which should be adequately recognized and addressed at national and European level. Emphasizes that positive measures implemented for the purpose of protecting minority persons and groups, ensuring that they are granted equal rights and treatment in the administrative, political, economic, social and cultural fields and in other spheres, shall not be considered as discrimination;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 29 c (new)

29 c. Urges the Commission to establish a policy standard for the protection of autochthonous minorities, bearing in mind that they comprise more than 10 % of the total population of the EU, in order to avoid applying double standards that differentiate between candidate countries and Member States; repeatedly calls for a comprehensive EU protection system for autochthonous minorities, regional linguistic groups and constitutional regions accompanied by a functioning monitoring mechanism;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 29 d (new)

29 d. Calls on the Member States to ensure that their legal systems guarantee that persons belonging to an autochthonous minority are not discriminated against, and to take and implement targeted protection measures, based on the relevant international norms and good practices, so that these persons can fully enjoy their fundamental freedoms and rights;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 29 e (new)

29 e. Reiterates its call on the Commission and the FRA to take targeted actions to monitor the situation of autochthonous minorities in the EU by systematic collection of specified data and reporting on direct and indirect discrimination;

2016/10/03
Committee: LIBE

2016/2009(INI)

Motion for a resolution
Paragraph 30 a (new)

30 a. Calls on those Member States who have not yet done so to ratify and effectively implement the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;

2016/10/03
Committee: LIBE

2016/2009(INI)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Pál CSÁKY

Motion for a resolution
Paragraph 30 b (new)

30 b. Considers that the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages should serve as a guidance in elaborating an effective common European answer to the issue of minority protection;

2016/10/03
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 1

(1) A number of substantive changes are to be made to Council Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted31 (recast). To ensure ~~harmonisation and~~ more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the European Union and ensure an equality of treatment of beneficiaries of international protection that Directive should be repealed and replaced by a Regulation. _________________ 31 OJ L 337, 20.12.2011, p. 9. OJ L 337, 20.12.2011, p. 9.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 2

(2) A common policy on asylum, including a Common European Asylum System (CEAS) which is based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (Geneva Convention), is a constituent part of the European Union’s objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility~~, including its financial implications,~~ between the Member States.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 5

(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified ~~and harmonised~~.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 6

~~(6) A Regulation is therefore necessary to ensure a more consistent level of harmonisation throughout the Union and to provide a higher degree of legal certainty and transparency.~~deleted

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 13

(13) The resources of the Asylum, Migration and Refugee Fund should be used to provide adequate support to Member States’ efforts in implementing the standards set by the Regulation, in particular to those Member States which are faced with specific and disproportionate pressure on their asylum systems, due in particular to their geographical ~~or demographic~~ situation.

2017/03/27
Committee: LIBE

2016/0223(COD)

Proposal for a regulation
Recital 14

(14) The European Union Agency for Asylum should provide adequate support in the application of this Regulation, in particular by providing experts to assist the Member State authorities to receive, register, and examine applications for international protection, providing updated information regarding third countries, including Country of Origin Information, and other relevant guidelines and tools. When applying this Regulation, Member States' authorities should take into account operational standards, indicative guidelines, and best practices developed by the European Union Agency for Asylum [the Agency]. When assessing applications for international protection, Member States' authorities should take ~~particular~~into account of the information, reports, common analysis and guidance on the situation in countries of origin developed at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation34 _________________ 34 COM(2016)271 final.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 24

(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherent part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. ~~The burden of demonstrating the availability of internal protection should fall on the determining authority.~~

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Recital 50

~~(50) Equal treatment should be provided for beneficiaries of international protection with nationals of the Member State granting protection as regards social security.~~deleted

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Recital 52

(52) Access to ~~healthcare, including both physical and mental~~basic healthcare, should be ensured to beneficiaries of international protection.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Recital 53

(53) In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection sh~~all~~ould have access to integration measures, modalities to be set by the Member States. Member States may make the participation in such integration measures, such as language courses, civic integration courses, vocational training and other employment-related courses compulsory.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) 'social security' means the branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council44 covering sickness benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits; survivors' benefits; benefits in respect of accidents at work and occupational diseases; death grants; unemployment benefits, pre- retirement benefits and family benefits; _________________ 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 7 – paragraph 3

3. When assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as referred to in paragraph 2, determining authorities ~~shall base themselves on~~may take into account any guidance provided in relevant Union law, in particular available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [ Regulation on the European Union Agency for Asylum ].

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 8 – paragraph 2

2. The assessment of the availability of internal protection shall be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. The applicant shall not be required to prove that, before seeking international protection, he or she has exhausted all possibilities to obtain protection in his or her country of origin.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 8 – paragraph 3

3. In examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, determining authorities ~~shall~~may at the time of taking the decision on the application have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with Article 4. To that end, determining authorities shall ensure that precise and up-to-date information is obtained from all relevant sources, including available Union level country of origin information and the common analysis of country of origin information referred to in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum], as well as information and guidance issued by the United Nations High Commissioner for Refugees.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 8 – paragraph 4

4. When considering the general circumstances prevailing in that part of the country which is the source of the protection as referred to in Article 7, the accessibility, effectiveness and durability of that protection shall be taken into account. When considering personal circumstances of the applicant, health, age, gender, sexual orientation, gender identity and social status shall ~~in particular~~ be taken into account ~~together with an assessment of whether living in the part of the country of origin regarded as safe would not impose undue hardship on the applicant~~.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 10 – paragraph 3

3. When assessing if an applicant has a well-founded fear of being persecuted, the determining authority cannot reasonably expect an applicant to behave discreetly or abstain from certain practices, where such behaviour or practices are inherent to his or her identity, to avoid the risk of persecution in his or her country of origin, provided such practices and behaviour is not contradicting Union law and norms.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 11 – paragraph 2 – point b

(b) shall ~~base itself on~~take into account precise and up- to-date information obtained from all relevant sources, including Union level country of origin information and common analysis of country of origin information referred to in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)

(aa) he or she has planned, facilitated or participated in the commission of terrorist offences.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)

(ab) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 14 – paragraph 5

5. Decisions of the determining authority revoking, ending or refusing to renew refugee status pursuant to point (a) of paragraph 1 shall ~~only~~ take effect ~~thre~~one months after the decision is adopted, ~~in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law~~unless specified otherwise.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 17 – paragraph 2 – point b

(b) shall ~~base itself on precise and~~take into account up- to-date information obtained from all relevant sources, including Union level country of origin information and the common analysis on country of origin information as referred in Articles 8 and 10 of the Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum] or information and guidance issued by the United Nations High Commissioner for Refugee.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 18 – paragraph 1 – point e a (new)

(ea) he or she has planned, facilitated or participated in the commission of terrorist offences.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 18 – paragraph 1 – point e b (new)

(eb) he or she has participated in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 20 – paragraph 3

3. Decisions of the determining authority revoking, ending or refusing to renew subsidiary protection status pursuant to paragraph 1 (a) shall ~~only~~ take effect ~~thre~~one months after the decision is taken, ~~in order to provide the third-country national or state~~unless spe~~rson with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law~~cified otherwise.

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 25 – paragraph 2

2. A residence permit issued pursuant to paragraph 1 shall have the duration of the residence permit issued to the beneficiary of international protection and shall be renewable. The period of validity of the residence permit granted to the family member shall ~~in principle~~ not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 26 – paragraph 3

3. When applying Article 14(5) and 20(3), the residence permit shall only be revoked after the expiry of the ~~thre~~one month period referred to in those provisions.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Chapter 7 – section 3 – title

Rights and obligations related to integration

2017/03/27
Committee: LIBE

2016/0223(COD)

Traian UNGUREANU, Artis PABRIKS, Kinga GÁL, Pál CSÁKY, Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 33

~~Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that has granted protection with regard to s~~Article 33 deleted Social security.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 35 – title

Basic Healthcare

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 35 – paragraph 1

1. Beneficiaries of international protection shall have access to basic healthcare under the same eligibility conditions as nationals of the Member State that has granted such protection.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 37 – paragraph 1

1. Beneficiaries of international protection shall have access to accommodation ~~under conditions equivalent to those applicable to other third-country nationals legally resident in the territories of the Member States who are in a comparable situation~~.

2017/03/27
Committee: LIBE

2016/0223(COD)

Artis PABRIKS, Traian UNGUREANU, Tomáš ZDECHOVSKÝ, Kinga GÁL, Pál CSÁKY

Proposal for a regulation
Article 38 a (new)

Article 38a Obligations 1. Beneficiaries of international protection shall have the obligation to respect and comply with the Union and national law of the Member State. 2. Beneficiaries of international protection shall have the obligation to respect the culture, language and social norms of the Member State. 3. Beneficiaries of international protection shall have the obligation to do their utmost to integrate in the Member State and use the integration possibilities provided, such as learning the official language of the Member State.

2017/03/27
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, Mariya GABRIEL, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 9

(9) The European Union Agency for Asylum should provide adequate support in the implementation of this Regulation, in particular by establishing the reference key for the distribution of asylum seekers under the corrective allocation mechanism, and by adapting the figures underlying the reference key annually, as well as the reference key based on Eurostat data.

2017/04/04
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, Mariya GABRIEL, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 22

(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate ~~material~~ needs of that person are covered.

2017/04/04
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
Recital 29

(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism.

2017/04/04
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, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 31

(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

2017/04/04
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Recital 31

(31) In accordance with Article 80 of the Treaty, Union acts should, whenever necessary, contain appropriate measures to give effect to the principle of solidarity. A voluntary corrective allocation mechanism should be established in order to ensure a fair sharing of responsibility between Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.

2017/04/04
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, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 32

(32) A key based on the size of the population and of the economy of the Member States should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.deleted

2017/04/04
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, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 33

(33) When the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.deleted

2017/04/04
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, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 34

~~(34) Under the allocation mechanism, the costs of transfer of an applicant to the Member State of allocation should be reimbursed from the EU budget.~~deleted

2017/04/04
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
Recital 35

(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.deleted

2017/04/04
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Recital 35

(35) A Member State of allocation may decide not to accept the allocated applicants during a twelve months-period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter the applicants that would have been allocated to that Member State should be allocated to the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.

2017/04/04
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
Recital 38

(38) The [General Data Protection Regulation (EU) .../2016] applies to the processing of personal data by the Member States under this Regulation from the date set out in that Regulation; until this date Directive 95/46/EC applies. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to and from the ~~automated~~ system and to the authorities competent for carrying out security checks.

2017/04/04
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, Anna ZÁBORSKÁ

Proposal for a regulation
Recital 52

(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.deleted

2017/04/04
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5

- the sibling or siblings of the applicant, where the proof of the relationship is provided;

2017/04/25
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 2 – paragraph 1 – point o

~~(o) 'benefitting Member State' means the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the applicant;~~deleted

2017/04/25
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 2 – paragraph 1 – point p

~~(p) ‘Member State of allocation’ means the Member States to which an applicant will be allocated under the allocation mechanism set out in Chapter VII of this Regulation;~~deleted

2017/04/25
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 2 – paragraph 1 – point q

(q) ‘resettled person’ means a person subject to the process of resettlement whereby, on a request from the United Nations High Commissioner for Refugees (‘UNHCR’) based on a person’s need for international protection, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses: (i) ‘refugee status’ within the meaning of point (e) of Article 2 of Directive 2011/95/EU; (ii) ‘subsidiary protection status’ within the meaning of point (g) of Article 2 of Directive 2011/95/EU; or (iii) any other status which offers similar rights and benefits under national and Union law as those referred to in points (i) and (ii);deleted

2017/04/25
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, Mariya GABRIEL, Anna ZÁBORSKÁ

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down in Directive 2013/32/EU.

2017/04/25
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1

By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds ~~in relation to wider family not covered by Article 2(g)~~ , even if such examination is not its responsibility under the criteria laid down in this Regulation.

2017/04/04
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 22 – paragraph 1 – introductory part

1. The Member State with which an application for international protection is lodged shall enter in the ~~automated~~ system referred to in Article 44(1) within the period referred to in Article 10 (1) of Regulation [Proposal for a Regulation recasting Regulation (EU) 603/2013] that:

2017/04/04
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 22 – paragraph 2

2. Upon entry of the information pursuant to paragraph 1, the ~~automated~~ system referred to in Article 44 shall register each application under a unique application number, create an electronic file for each application and communicate the unique application number to the Member State of application.

2017/04/04
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 22 – paragraph 3

3. Member States shall provide the European Union Agency for Asylum with information on the number of third country nationals effectively resettled on a weekly basis. The Agency shall validate this information and enter the data in the ~~automated~~ system.

2017/04/04
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 23 – title

Information ~~in the automated~~ system

2017/04/04
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 23 – paragraph 1 – introductory part

1. The ~~automated~~ system referred to in Article 44(1) shall indicate in real time:

2017/04/04
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 23 – paragraph 1 – point c

~~(c) the number of third country nationals resettled by each Member Sta~~delete;d

2017/04/04
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 23 – paragraph 1 – point e

~~(e) the share of each Member State pursuant to the reference key referred to in Article 35.~~deleted

2017/04/04
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 23 – paragraph 2 – point h

~~(h) where the allocation mechanism under Chapter VII applies, the information referred to in Article 36(4) and point (h) of Article 39.~~deleted

2017/04/04
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 23 – paragraph 3

3. Upon communication by the Member State responsible pursuant to Article 20(7) and Article 22(3) the automated system referred to in Article 44(1) shall count that application and that third country national effectively resettled for the share of that Member State.deleted

2017/04/04
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 34

1. The allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation. 2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 150% of the reference number for that Member State as determined by the key referred to in Article 35. 3. The reference number of a Member State shall be determined by applying the key referred to in Article 35 to the total number of applications as well as the total number of resettled persons that have been entered by the respective Member States responsible in the automated system during the preceding 12 months. 4. The automated system shall inform Member States, the Commission and the European Union Agency for Asylum once per week of the Member States' respective shares in applications for which they are the Member State responsible. 5. The automated system shall continuously monitor whether any of the Member States is above the threshold referred to in paragraph 2, and if so, notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. 6. Upon the notification referred to in paragraph 5, the allocation mechanism shall apply.Article 34 deleted General Principle

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 34 – paragraph 1

1. The allocation mechanism referred to in this Chapter shall be applied voluntarily for the benefit of a Member State, where that Member State is confronted with a disproportionate number of applications for international protection for which it is the Member State responsible under this Regulation.

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 35

1. For the purpose of the corrective mechanism, the reference number for each Member State shall be determined by a key. 2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State, according to Eurostat figures: (a) the size of the population (50 % weighting); (b) the total GDP (50% weighting); 3. The criteria referred to in paragraph 2 shall be applied by the formula as set out in Annex I. 4. The European Union Agency for Asylum shall establish the reference key and adapt the figures of the criteria for the reference key as well as the reference key referred to in paragraph 2 annually, based on Eurostat figures.Article 35 deleted Reference key

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 35 – paragraph 2 – introductory part

2. The reference key referred to in paragraph 1 shall be based on the following criteria for each Member State~~, according to Eurostat figures~~:

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 35 – paragraph 2 – point a

(a) the size of the population ~~(50 % weighting)~~;

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 35 – paragraph 2 – point b

(b) the total GDP ~~(50% weighting)~~;

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Mariya GABRIEL, Anna ZÁBORSKÁ

Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)

(ba) number of migrants already living in the Member State;

2017/05/05
Committee: LIBE

2016/0133(COD)

Artis PABRIKS, Tomáš ZDECHOVSKÝ, Pál CSÁKY, Brice HORTEFEUX, Roberts ZĪLE, Anders VISTISEN, Anna ZÁBORSKÁ

Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)

(bb) integration capacity of the Member State;

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 36

Application of the reference key 1. Where the threshold referred to in Article 34(2) is reached, the automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof. 2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsible; 3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation. 4. On the basis of the application of the reference key pursuant to paragraph 1, the automated system referred to in Article 44(1) shall indicate the Member State of allocation and communicate this information not later than 72 hours after the registration referred to in Article 22(1) to the benefitting Member State and to the Member State of allocation, and add the Member State of allocation in the electronic file referred to in Article 23(2).rticle 36 deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 37

1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylum. 2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve-month period to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which entered the information, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the share of that Member State. 3. At the end of the twelve-month period referred to in paragraph 2, the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000 per each applicant who would have otherwise been allocated to that Member State during the respective twelve-month period. The solidarity contribution shall be paid to the Member State determined as responsible for examining the respective applications. 4. The Commission shall, by means of implementing acts, adopt a decision in accordance with the examination procedure referred to in Article 56, lay down the modalities for the implementation of paragraph 3. 5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.Article 37 deleted Financial solidarity

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 37 – title

~~Financial s~~Solidarity

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 37 – paragraph 3

3. At the end of the twelve-month period referred to in paragraph 2, the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000 per each applicant who would have otherwise been allocated to that Member State during the respective twelve-month period. The solidarity contribution shall be paid to the Member State determined as responsible for examining the respective applications.deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 37 – paragraph 4

4. The Commission shall, by means of implementing acts, adopt a decision in accordance with the examination procedure referred to in Article 56, lay down the modalities for the implementation of paragraph 3.deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 37 – paragraph 5

~~5. The European Union Agency for Asylum shall monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanism.~~deleted

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 38

Obligations of the benefitting Member The benefitting Member State shall: (a) take a decision at the latest within one week from the communication referred to in Article 36(4) to transfer the applicant to the Member State of allocation, unless the benefitting Member State can accept within the same time limit responsibility for examining the application pursuant to the criteria set out in Articles 10 to 13 and Article 18; (b) notify without delay the applicant of the decision to transfer him or her to the Member State of allocation; (c) transfer the applicant to the Member State of allocation, at the latest within four weeks from the final transfer decision.Article 38 deleted State

2017/05/05
Committee: LIBE

2016/0133(COD)

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

Proposal for a regulation
Article 39

The Member State of allocation shall: (a) confirm to the benefitting Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer; (b) communicate to the benefitting Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit; (c) receive the applicant and carry out the personal interview pursuant to Article 7, where applicable; (d) examine his or her application for international protection as Member State responsible, unless, according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application; (e) where, according to the criteria set out in Articles 10 to 13 and 16 to 18 a different Member State is responsible for examining the application, the Member State of allocation shall request that other Member State to take charge of the applicant; (f) where applicable, communicate to the Member State responsible the transfer to that Member State; (g) where applicable, transfer the applicant to the Member State responsible; (h) where applicable, enter in the electronic file referred to in Article 23(2) that it will examine the application for international protection as Member State responsible.Article 39 deleted Obligations of the Member State of 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. 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

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

Directive 96/71/EC
Article 2 a

(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.’deleted When the anticipated or the For the purpose of paragraph 1, in

2017/03/17
Committee: JURI

2016/0070(COD)

Ádám KÓSA, András GYÜRK, György SCHÖPFLIN, József SZÁJER, László TŐKÉS, Andrea BOCSKOR, Andor DELI, Tamás DEUTSCH, Kinga GÁL, Ildikó GÁLL-PELCZ, Pál CSÁKY

Proposal for a directive
Recital 4

(4) Almost twenty years after its adoption, it is necessary to ~~assess whether~~indeed enforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers, as well as the to explore that whether there is a possibility of reintroduction of custom duties for a temporarily but limited period in some regions or areas suffering high unemployment level based on public interest in terms of the social protection of workers due to unfair competitiveness of imported products and services, which were previously produced or provided locally within the framework of the revision of the current legislation relevant to posted workers.

2017/03/08
Committee: EMPL

2016/0070(COD)

Ádám KÓSA, György SCHÖPFLIN, József SZÁJER, László TŐKÉS, Andrea BOCSKOR, Andor DELI, Tamás DEUTSCH, Kinga GÁL, Ildikó GÁLL-PELCZ, András GYÜRK, Pál CSÁKY

Proposal for a directive
Recital 5

(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. By doing so the related jurisprudence of the Court of Justice of the European Union must be respected and taken into consideration.

2017/03/08
Committee: EMPL

2016/0070(COD)

József SZÁJER, Ádám KÓSA, Andor DELI, László TŐKÉS, Tamás DEUTSCH, György HÖLVÉNYI, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Pavel SVOBODA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC

(c) ~~remuneration,~~minimum rates of pay, bonuses and allowances including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/17
Committee: JURI

2016/0070(COD)

József SZÁJER, Ádám KÓSA, Andor DELI, László TŐKÉS, Tamás DEUTSCH, György HÖLVÉNYI, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Pavel SVOBODA, Tadeusz ZWIEFKA

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2

For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.deleted

2017/03/17
Committee: JURI

2016/0070(COD)

Ádám KÓSA, György SCHÖPFLIN, József SZÁJER, László TŐKÉS, Andrea BOCSKOR, Andor DELI, Tamás DEUTSCH, Kinga GÁL, Ildikó GÁLL-PELCZ, András GYÜRK, Pál CSÁKY

Proposal for a directive
Recital 7

(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.

2017/03/08
Committee: EMPL

2016/0070(COD)

Ádám KÓSA, József SZÁJER, László TŐKÉS, Andrea BOCSKOR, Andor DELI, Tamás DEUTSCH, Kinga GÁL, Ildikó GÁLL-PELCZ, András GYÜRK, György SCHÖPFLIN, Pál CSÁKY

Proposal for a directive
Recital 8

(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contr in line with Recital (2), it is necessary to state that posting is clearly covered by Article 8 (2) of Rome I. Regulation. The temporary nature of posting (as provision of service), which is a crucial element in the determination of habitual placte of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 monwork can only be determined on a case by case basis and it is not only determined by the length of time but also by other factors and facts of the individual worker's life. In addition to this, Article 2 of this ~~when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide service~~Directive defines the nature of posting as having a temporary character therefore temporary character is ian circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationindispensable feature of genuine posting. Moreover, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity.

2017/03/08
Committee: EMPL

2016/0070(COD)

József SZÁJER, Ádám KÓSA, Andor DELI, László TŐKÉS, Tamás DEUTSCH, György HÖLVÉNYI, Kinga GÁL, Andrea BOCSKOR, Pál CSÁKY, Pavel SVOBODA, Tadeusz ZWIEFKA, Daniel BUDA

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 1

1. Acknowledges the impact of effective application of EU law on strengthening the credibility of the EU institutions; appreciates the importance attributed in the report to petitions submitted by citizens, businesses and civil society organisations as a means of monitoring the application of EU law through citizens’' direct expression of their views, a right enshrined in the Lisbon Treaty and an important element of European citizenship; emphasizes the role of petitions to draw the attention of the Parliament and Commission to shortcomings in the application of EU law by the Member States; notes that parliamentary questions and petitions serve as useful alerting tools addressed to the Commission indicating weaknesses in the application of the EU law;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph 1 a (new)

1 a. Points out that the different implementation and transposition of EU law creates continuous burdens for citizens and businesses, namely for those citizens who want to benefit from the achievements of the internal market and live, work, do business or study in another Member State; stresses that delays in transposition have also negative impact on legal certainty; reiterates its position that the Commission should make compliance with EU law a true political priority through an effective cooperation with the institutions, with special regard to the Council in particular to systematic recourse to correlation tables, Member States and other interested parties; underlines the primary responsibility of the Member States to implement and apply EU law correctly;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 1 b (new)

1 b. Notes that in 2014 3715 new complaints were registered and the total number of complaints increased by 5.7%; notes the number of new EU Pilot files which was 1208 in 2014; acknowledges the number of processed complaints and EU Pilot files in 2014 and appreciates the 75% resolution rate of EU Pilot files as quick and effective problem solving method;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 2

2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; welcomes the renewed 'Applying Union law' web section of the Europa portal which gives citizens relevant information about how EU law has been applied in the Member States and about how to file a complaint; welcomes the better on-line accessibility of the decisions on infringements; notes that some improvements are desirable in the practices of the Commission regarding the information delivered for citizens in processing their complaints;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 3

3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level; stresses that this can also provide valuable information for pending petitions; welcomes the Member States' increasing efforts to settle infringement cases before the Court procedure stage; notes that preliminary rulings help clarify questions on application of the EU law and can prevent infringement procedures;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 4

4. Welcomes the commitment shown by Commission services to strengthening the exchange of information with the Committee on Petitions, and reiterates its requests for improved communication between the two parties, in particular with regard to the initiation and conduct of infringement procedures by the Commission, including the EU Pilot procedure, and for efforts to be made to provide the Committee on Petitions with information within a reasonable timeframe, thus allowing it to respond to citizens’' requests more effectively; recalls its repeated request to the Commission to take into account in its monitoring and legislative work the reports and findings of the Committee on Petitions;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph 5

5. Regrets that petitions submitted by EU citizens refer to violations of EU law; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectivelystresses that petitions mainly concern alleged breaches of EU law in the fields of fundamental rights, including the rights of persons belonging to minorities and persons with disabilities, discrimination, including discrimination based on nationality, internal market, free movement, transport, environment, education, employment and health care; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectively and should legislate in full respect of fundamental values and principles enshrined in the Treaties and the Charter of the Fundamental Rights of the EU; calls the Member states for a substantive improvement on the quality of the information exchange with the Committee on Petitions and the clarifications provided; emphasizes the need for presence and balanced dialogue with the representatives of the Member States on concerned petitions during the meetings of the Committee on Petitions;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph 7

7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.reminds the Commission to apply the principles of equal treatment of Member States and impartiality when scrutinizing the application of EU law;

2016/03/04
Committee: PETI

2015/2326(INI)

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 7 a (new)

7 a. Welcomes the importance attributed to Better Regulation and to the EU regulatory fitness (REFIT); the REFIT programme should be strengthened and also include measuring and reducing administrative burdens faced by citizens; believes that this programmes form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.

2016/03/04
Committee: PETI

2015/2258(INI)

Andrea BOCSKOR, Pál CSÁKY

Draft opinion
Paragraph 6

6. Recognises that vulnerable members of society are further marginalised if they have a disability; considers that the EU should redouble its efforts to fully accommodate the provision of rights and services for all people in its care~~, including stateless people, homeless people, refugees and asylum seekers~~;

2016/04/08
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 4

— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 22

– having regard to its resolutions of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, in particular paragraph 795 , 27 February 2014 on the situation of fundamental rights in the European Union (2012)6 , 8 September 2015 on the situation of fundamental rights in the European Union (2013- 2014)7 , and 10 June 2015 on the situation in Hungary, in particular paragraph 128 , __________________ 5 Texts adopted, P8_TA(2013)0315. 6 Texts adopted, P8_TA(2014)0173. 7 Texts adopted, P8_TA(2015)0286. 8 Texts adopted, P8_TA(2015)0227.deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital A

A. whereas the European Union is ~~a community of values, based on~~founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and ~~fundamental right~~respect for human rights, including the rights of persons belonging to minorities, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital C

C. whereas all Member States, the institutions of the Union and candidate countries share ~~obliged to uphold those principles and values, and they have the duty of loyal cooperation~~principles and values which result from the constitutional traditions coming from the Member States;

2016/06/21
Committee: LIBE

2015/2254(INL)

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital E

E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they ~~must be protected against short termism and ad hoc changes as a resul~~should be the basis for political decisions, independent of different political majorities; and resist temporary changes

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital I

I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption ~~highlight~~estimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework ~~would~~might result in cost savings of € 70 billion annually;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital J

J. whereas ~~the failure of a~~ candidate countryies need to meet the required standards ~~results in a delay of~~for the accession to the Union~~, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice~~; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and w~~; Whereas a~~ll Member States~~n analysis and verification of the Member States' compliance with those criteria should therefore be ~~assess~~provided on a regular basis ~~in order to verify their continued compliance with the Union's common values;~~.

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital L

L. whereas the~~re are few~~ existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital M

M. whereas the Court of Justice of the European Union (CJEU) has recently issued ~~various rulings~~rulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices~~, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to~~; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values ~~but in practice they appear limited in scope, inadeq~~; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ~~ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries~~complemented in the framework of a rule of law mechanism to be adequate and effective;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance~~recent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital T

T. whereas in ~~situations where a Member State no longer guarantee respect for DRF~~cases of breaches of the rule of law, the Union and ~~its~~the Member States sha~~ve a duty to~~ll protect the ~~rights of the residents of that Member State~~integrity and application of the Treaties;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 2 a (new)

2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 2 b (new)

2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 4

4. Invites the ~~European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;~~Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 6

6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about ~~citizens'~~fundamental rights, t~~o judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union~~he rule of law and the possibility to enforce those rights;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 7

~~7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice for individuals challenging violations of DRF;~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, ~~applying the same benchmarks to the CJEU and ECtHR,~~ including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens~~, and options for cross border collective redress~~;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – introductory part

9. Considers, furthermore, that ~~any future Treaty revision should include the following changes:~~if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 1

~~- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 2

~~- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 3

~~- Enabling individuals to bring actions before the CJEU;~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 5

~~- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;~~deleted

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 a (new)

9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 9 b (new)

9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 11

11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and ~~will~~could thus be beneficial both in economic and social terms;

2016/06/21
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 3

– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 20

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 21

~~– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 24

~~– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Recital 1

(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI

Motion for a resolution
Annex – Recital 7

(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values ~~but they lack clear and objective benchmarks~~;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 2

The ~~core elements of the~~ Union Pact on DRF shall consist of ~~the DRF Scoreboard, the DRF Semester, including an~~ a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ~~Scoreboard~~Report, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 4

An bi-annual ~~scoreboard~~Report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and ~~adopted by the Commission~~shall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 5

The ~~DRF Scoreboard~~Report shall incorporate~~, replace and complete~~ existing instruments, in particular the Justice Scoreboard, ~~the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania,~~ the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 6 – introductory part

The ~~DRF Scoreboard~~Report shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)

All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – introductory part

The ~~Scoreboard shall be based on a set of indicators in three categories,~~Report shall be presented in a harmonised format and accompanied by country-specific re~~ports.~~ commendations and shall be elaborated with a specific focus on:

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 –point 8.1

~~8.1. Indicators for Democracy:~~ – Separation of powers – The impartial nature of the state – The reversibility of political decisions after elections – The existence of institutional checks and balances which ensure that the impartial state is not called into question – The permanence of the state and institutions, based on the immutability of the constitution – Freedom and pluralism of the media – Integrity and absence of corruption – Transparency and accountability – Title V of the Charter of Fundamental Rights of the European Union ('the Charter')

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part

~~8.2 Indicators for the Rule of Law:~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7

– Title I -V of the Charter

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1

~~– Titles I to IV of the Char~~deleterd

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a ~~broad and representative~~ panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.2

~~9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.2 a (new)

9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft ~~DRF Scoreboard and draft~~Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – introductory part

~~The DRF Scoreboard shall be adopted as follows:~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 1

– The draft ~~DRF Scoreboard~~Report, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny;deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 3

~~– The draft DRF Scoreboard and draft country-specific recommendations shall be made publically available;~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 4

The Commission shall formally adopt the DRF Scoreboard and country-specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – introductory part

The ~~adopt~~transmission of the ~~DRF Scoreboard~~Report by the Commission ~~shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:~~to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold a~~n inter-parliamentary~~ bi-annual debate on the basis of the ~~DRF Scoreboard,~~Report and adopt a resolution;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the ~~DRF Scoreboard~~Report and adopt Council conclusions, inviting national parliaments to provide a response to the ~~DRF Scoreboard~~Report, proposals or reforms;

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the ~~DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,~~Report the Commission ~~may~~shall decide ~~to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under~~on further actions, in compliance with Article 7017(3) TFEU.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 4 a (new)

– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.1

~~12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.~~deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF ~~Scoreboard,~~monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2.1

12.2.1 Where a Member State has yellow scores on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Elisabetta GARDINI, Tomáš ZDECHOVSKÝ

Motion for a resolution
Annex – Article 14 – point 14.1

14.1 ~~An independent~~The expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Elisabetta GARDINI

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group') ~~shall~~can be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 – introductory part

The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, s~~hall be included in the annual DRF policy cycle of the DRF Scoreboard~~uch as:

2016/06/24
Committee: LIBE

2015/2254(INL)

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 –indent 3 a (new)

– Annual report on the situation of Fundamental rights in the EU.

2016/06/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Recital E

E. whereas special attention must be given to vulnerable groups ~~such as Roma, children and refugees~~;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 1

1. Calls on the Member States and the Commission to ensure that the implementation of the directive is based on an integrated, holistic and human rights approach, with an emphasises on victim ~~support and assistance as provided for in Article 11(3)~~assistance, support and protection;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 2

2. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum~~, sexual~~ exploitation orf the prostitution or other forms of sexual exploitation, forced labour or services, (including begging, slavery ~~and~~or practices similar to slavery, servitude or the exploitation of criminal activities~~) and~~ or the removal of organs;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Member States to ensure that traffickers are prosecuted and punished with effective, proportionate and dissuasive penalties, including also by seizing and confiscating their assets and proceeds from the offences, as this could be an effective mean to change the THB from a "low risk-high profit" business to a "high risk-low profit" one;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 3

3. Calls on the ~~Commission to come forward with proposals that create consistency in EU legislation,~~Member States to ensure that victims of THB are identitlfied ~~to proper~~and guaranteed a proper and targeted assistance, support and ~~assistance~~protection;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 4

4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB~~, and emphasises that this includes the non-application of penalties for persons in prostitution and non-punishment for irregular entry or residence in countries of transit and destination.~~ for committing crimes which they have been compelled to commit as a direct consequence of being a victim of THB,

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission and the Member States to take targeted actions to discourage demand for THB as it is an inevitable element of preventing and combating THB;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 4 b (new)

4b. Encourages the EU and the Member States to research into of the newest trends and forms of THB, including the influence the current migration crisis could have on THB, in order to address the new developments with an adequate and targeted response;

2016/02/24
Committee: LIBE

2015/2118(INI)

Draft opinion
Paragraph 4 c (new)

4c. Appreciates the work of the EU Anti- Trafficking Coordinator, who is responsible for improving coordination and coherence among EU institutions, EU agencies, Member States and international actors and developing existing and new EU policies to address trafficking in human beings, however is of the view that in order to accelerate the EU response to the THB his/her mandate might be extended;

2016/02/24
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)

Motion for a resolution
Subheading 2

Tackling ~~criminal~~ smuggling, trafficking and ~~labour exploitation~~forced labour of irregular migrants

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Recital G

G. whereas migrant smuggling, trafficking and ~~labour exploitation are distinct legal phenomena requiring properly targeted responses, while often overlapping in practice~~forced labour are distinct phenomena, while often overlapping in practice, involving other criminal acts too; whereas smuggling is a facilitation of irregular entry of a person into another country, with the consent of the smuggled person, while trafficking in human beings is a modern form of slavery, where traffickers exploit vulnerable people for financial gain by tricking or forcing them mainly into sexual and labour exploitation; and whereas ~~criminal~~ smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted and properly targeted responses based on the most recent ~~and accurate~~findings of investigation and data;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Recital H

H. whereas the fight against migrant smuggling, trafficking and ~~labour exploitation~~forced labour necessitates both short, medium and long- term responses, including measures to disrupt criminal networks and to bring criminals to justice, t~~he gathering and analysis of data, measures to protec~~o protect and assist victims and to return irregularly staying migrants, as well as cooperation with ~~third~~ countries of origin and transit and longer- term strategies to address the demand for trafficked ~~and smuggled~~ persons and the root causes of migration ~~which force people into the hands of criminal smuggler~~in third countries;

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, 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)

Motion for a resolution
Paragraph 7

7. Calls for a clear distinction to be made between those persons who are smuggled ~~into the Union~~ and those who are trafficked into the Union because, ~~while the policy response must be properly integrated, they must also be~~as the consequences are distinct, therefore the policy response must be adjusted to these differences thus being properly targeted; states that, in general terms, the ~~criminal~~ smuggling of migrants involves facilitating the irregular entry of a person to a Member State, wh~~ereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent~~ile often undertaken in dangerous or degrading conditions but with the consent of the migrant, while human trafficking is a serious crime, a gross violation of fundamental rights, which involves the recruitment, transportation or reception of a person by means of threat, or use of threat, or other forms of coercion, abduction, fraud, deceptiveon or abus~~ive means~~e of power or vulnerability, for the purpose of exploitation;

2016/02/22
Committee: LIBE

2015/2095(INI)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Paragraph 8 a (new)

8 a. Calls on the Member States to fully implement and enforce the Directive 2011/36/EU on preventing and combating trafficking in human beings and take all the necessary measures to prevent this serious crime, to prosecute and punish the perpetrators by effective, proportionate and dissuasive sanctions, including seizure and confiscation of proceeds of crime and to identify, protect and assist victims;

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)

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 11

11. Points out that, since criminals can and do change their modus operandi very quickly, policy responses must adapt to the most recent ~~and accurate~~investigations and data; notes, as a positive step forward, that the Commission adopted a Union Action Plan against Migrant Smuggling on 27 May 2015 (‘the Action Plan on Smuggling’), under which it provides for the setting up of a Contact Group of Union Agencies on migrant smuggling, to strengthen their operational cooperation and information exchange;

2016/02/22
Committee: LIBE

2015/2095(INI)

Motion for a resolution
Paragraph 11 a (new)

11a. Acknowledges the steps the EU and its agencies, with the coordination of its EU Anti-Trafficking Coordinator have taken against trafficking in human beings and encourages the EU and Member States to put more efforts on identifying and adequately addressing new trends and forms of human trafficking which might be provoked and caused by the significantly increased migration;

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)

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, 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, 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, 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)

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)

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)

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)

Pál CSÁKY, Andrea BOCSKOR, Tomáš ZDECHOVSKÝ, Artis PABRIKS

Motion for a resolution
Paragraph 76

76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of human trafficking and ~~criminal~~ smuggling to come forward and aid in the effective prosecution of a trafficker or ~~criminal~~ smuggler without fear of being prosecuted themselves;

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)

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 114

114. Notes that ~~labour exploitation~~forced labour can take place as a consequence of trafficking~~, of smuggl~~ in human being,s or even in ~~the~~its absence ~~of both, with the result that there is impunity~~ , calls on the Member States to fully implement and enforce th~~ose exploiting irregular migrant~~e Directive 2009/52/EC on providing for minimum standards ion ~~those Member States in which it is not criminalised as such~~sanctions and measures against employers of illegally staying third- country nationals;

2016/02/22
Committee: LIBE

2015/2095(INI)

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 116

116. Takes note of the fact that, at present, many Member States criminalise ~~labour exploitation on~~forced labour mostly when it takes place as a form of trafficking, which leaves a wide gap in all cases where the labour exploiters were not involved in the trafficking, or their involvement cannot be proved;

2016/02/22
Committee: LIBE

2015/2095(INI)

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

2015/0125(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
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

2014/2257(INI)

Draft opinion
Citation -1 a (new)

-1a. having regard to the "Decision of the European Ombudsman closing her own- initiative inquiry OJ/9/2013/TN concerning the European Commission", of 4 March 2015,

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Citation -1 b (new)

-1b. having regard to Article 11 (4) of the Treaty on European Union and Article 24 (1) of the Treaty on the Functioning of the European Union,

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Recital -1 (new)

-1. A. whereas the European Citizens' Initiative is the very first tool of participatory democracy and it has to be promoted in every level;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 1

1. Considers the European Citizens’ Initiative (ECI) to be the first direct democratic instrument to enable citizens to become actively involved in the framing of European policies and legislation; underlines the responsibility of the European Parliament, the only directly- elected institution in rendering this instrument a real success; invites the Commission to inform the Parliament on a regular basis about ECI registrations;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 4

4. Considers that the review of the ECI regulation should be also used as an opportunity to ~~enhance awareness of the petitions process, explain the distinction~~underline the main differences between the ECIs and ~~petitions and promote a link between them,~~the right to petition, whereas this could be done via harmonised information on the European institutions’' websites and in their advertisement policies;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 5

5. Regrets the lack of clear information on the ECI instrument at the early stages, which led to a general misconception about its nature and generated some frustration when the first ECIs were rejected by the Commission; stresses that the ECI process should be improved in line with the experiences gathered in the practice; recalls that the instrument should be simple, clear and user-friendly;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 7

7. ~~Calls on~~Encourages the Commission to revise the ECI Regulation with the aim to ensure a transparen~~cy in the~~t and institutionally balanced decision-making process and clarify the procedure for legal admissibility~~; invites the Commission to respond to successful ECIs with more concrete act~~, especially with regard to the exclusive role of the Commissions;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 7 a (new)

7a. Invites the Commission to respond to successful ECIs with more concrete actions; calls on the Commission to provide more consistent reasoning in the case of ECIs refusal; calls on the Commission to examine the possibility of registering only that part of an initiative which falls within the field of the Commission's legislative powers;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 7 b (new)

7b. Encourages the institutions to consider the possibility of debating the issues that were raised by not successful ECIs, taking into consideration that they were supported by a significant number of EU citizens;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Paragraph 9

9. Invites the Commission to examine proposals relating to the creation of a European identity card, which should also meet the requirements of the regulation on the citizens’ initiative for gathering signatures;deleted

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Point 11 a (new)

11a. Welcomes the proposal of the European Economic and Social Committee to provide free translations of the ECIs texts in order to reduce burdens of organising an ECI;

2015/05/18
Committee: PETI

2014/2257(INI)

Draft opinion
Point 12

12. Recalls that hearings concerning successful ECIs are currently organised by the competent committee, according to the subject of the ECI, with the Committee on Petitions associated; proposes that the Committee on Petitions should take over the role of organising hearings with the participation of interested stakeholders, as a neutral forum with the greatest experience in dealing with citizens.

2015/05/18
Committee: PETI

2014/2254(INI)

Draft opinion
Recital A

A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the ~~Commission must respect these~~institutions, bodies and agencies of the EU must respect these rights; whereas the accession of the European Union to the European Convention on Human Rights will strengthen its commitment to the protection of fundamental rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 6 a (new)

– having regard to the Council of Europe's Framework Convention for the protection of national minorities and the European Charter for Regional or Minority Languages;

2015/05/18
Committee: LIBE

2014/2254(INI)

Draft opinion
Recital A a (new)

Aa. whereas the right to petition established a tight bond between the EU citizens and the Parliament; whereas the European Citizens' Initiative introduced a new direct link between the EU citizens and the EU institutions and can enhance the development of fundamental and citizens' rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Péter NIEDERMÜLLER, Monika BEŇOVÁ, Sergio GUTIÉRREZ PRIETO, Soraya POST, Daniele VIOTTI, Pál CSÁKY, Csaba SÓGOR, Kinga GÁL, Andrea BOCSKOR

Motion for a resolution
Citation 11 a (new)

– having regard to the Council Directive 2000/43/EC of June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,

2015/05/18
Committee: LIBE

2014/2254(INI)

Draft opinion
Recital B

B. whereas a~~lmost one third~~ significant number of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues such as citizenship, the four freedoms, employment, economic circumstances, environmental and consumer protection, justice systems, voting rights, disability and children’s's rights, access to education and linguistic rights; whereas some of those petitions raise questions related to health issues and worsened access to health care and health care services as a direct consequence of the economic crisis; whereas petitions are usually the earliest indicators of the situation of the fundamental rights in the Member States and they serve as an instrument for guaranteeing citizens their ~~fundamental~~ rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Draft opinion
Paragraph 1

1. Deplores instances of discrimination against ethnic, religious and national minorities, on the grounds that human dignity is inviolable; calls ~~for~~on the ~~Anti-Discrimination Directive, which seeks to implement the principle~~Member States to implement properly the existing directives ofn equal treatment ~~between persons irrespective of religion or belief, disability, age or sexual orientation, to be unblocked in the Council~~; underlines the fact that specific needs of the most vulnerable citizens such as minorities should be addressed in an appropriate way;

2015/03/18
Committee: PETI

2014/2254(INI)

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Member States and the EU institutions to be fully engaged in the protection of children's rights in cross- border family disputes; emphasises the need to promote children's rights across EU policies in order to ensure that the best interest of the child is always taken into consideration;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 25 a (new)

– having regard to its resolution of 8 June 2005 on the protection of minorities and anti-discrimination policies in an enlarged Europe;

2015/05/18
Committee: LIBE

2014/2254(INI)

Anna Maria CORAZZA BILDT, Carlos COELHO, József NAGY, Kinga GÁL, Traian UNGUREANU, Alessandra MUSSOLINI, Barbara MATERA, Petr JEŽEK, Nathalie GRIESBECK, Antonio LÓPEZ-ISTÚRIZ WHITE, Jana ŽITŇANSKÁ, Marielle DE SARNEZ, Beatriz BECERRA BASTERRECHEA, Miapetra KUMPULA-NATRI, Caterina CHINNICI, Gérard DEPREZ, Pál CSÁKY

Draft opinion
Paragraph 2

2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’' fundamental rights; reminds that the expectations of citizens go beyond the strict interpretation of the Charter and the objective should be to render these rights as effective as possible;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Citation 25 a (new)

– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Citation 25 b (new)

– having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union;

2015/05/18
Committee: LIBE

2014/2254(INI)

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Member States and the Commission to remove existing obstacles within the Internal Market for enabling the full exercise of the right of free movement;

2015/03/18
Committee: PETI

2014/2254(INI)

Draft opinion
Paragraph 4

4. Recalls that the portability of ~~social security~~unemployment benefits, pensions and health care rights and the recognition of professional qualifications is important in ensuring the full accomplishment of fundamental rights and civil liberties, including on the basis of the achievement of worker mobility;

2015/03/18
Committee: PETI

2014/2254(INI)

Draft opinion
Paragraph 5

5. Calls on the Member States and the Commission, when proposing legislation, to strike an appropriate balance between counter- terrorism measures and the protection of fundamental rights;

2015/03/18
Committee: PETI

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Alessandra MUSSOLINI

Draft opinion
Paragraph 6

6. Calls on the Commission and the Member States to ensure through their policies that fundamental rights are properly respected, guaranteed, ~~appli~~protected and developed further. within the European Union;

2015/03/18
Committee: PETI

2014/2254(INI)

Motion for a resolution
Recital C

C. whereas the EU is undergoing a period of economic and financial crisis, and wther meas ~~the response of the EU and the Member States has seriously compromised the wellbeing of citizens and~~ures that had to be taken have not always been adequate in terms of improvement of the citizens' wellbeing and protection of their fundamental rights;

2015/05/18
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY, Alessandra MUSSOLINI, Rachida DATI

Motion for a resolution
Recital C a (new)

Ca. whereas the European Union operates on the basis of the presumption and mutual trust that EU Member States conform with democracy, the rule of law and fundamental rights, as enshrined in the ECHR and in the Charter of Fundamental Rights, notably in relation to the development of an Area of Freedom, Security and Justice and the mutual recognition principle;

2015/05/18
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY, Rachida DATI

Motion for a resolution
Recital D a (new)

Da. whereas the obligations incumbent on candidate countries under the Copenhagen criteria are not only basic pre-accession requirements, but must also continue to apply after a country has joined the EU, based on article 2 TEU; whereas in the light of this, all Member States should be assessed on an ongoing basis in order to verify their continued compliance with the EU's fundamental values of democracy, the rule of law, respect for human rights and protection of minorities;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital E

E. whereas, under Article 6 TEU, the EU has a responsibility to uphold and enforce fundamental rights in any action it takes, regardless of its powers in the area concerned; whereas Member States are also encouraged to do the same;

2015/05/18
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Recital G a (new)

Ga. whereas article 22 of the Charter of Fundamental Rights of the European Union obliges the Union to "respect cultural, religious and linguistic diversity",

2015/05/18
Committee: LIBE

2014/2254(INI)

Barbara MATERA, Pál CSÁKY, József NAGY

Motion for a resolution
Recital G a (new)

Ga. whereas Roma, the largest ethnic minority in Europe, continue to be the victims of severe discrimination, racist attacks, hate speech, poverty and exclusion;

2015/05/18
Committee: LIBE

Motion for a resolution
Paragraph 8

8. Deplores the fact that even today people belonging to minorities are still victims of discrimination; calls for more consistency of the European Union in the field of minority protection; strongly believes that all Member States as well as candidate countries shall be bound by the same principles and criteria in order to avoid the application of double standards; Calls therefore, as a part of resolving the so- called Copenhagen dilemma, for the establishment of an effective mechanism to monitor and ensure fundamental and acquired rights of national and linguistic minorities both in candidate countries and in countries already admitted to the European Union;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 8

8. Deplores the fact that even today ~~people belonging to~~there are cases in which people belonging to religious and ethnic minorities are still victims of discrimination;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the rights of persons with disabilities, the rights of LGBTI persons and persons belonging to national minorities;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 9 a (new)

9a. Urges the Member States to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);

2015/05/12
Committee: LIBE

2014/2254(INI)

Pál CSÁKY, Csaba SÓGOR

Motion for a resolution
Paragraph 10 a (new)

10a. Underlines that the European Union has to be an area where respect for ethnic, cultural and linguistic diversity prevails; invites the EU institutions to elaborate a comprehensive EU protection system for national, ethnic and linguistic minorities in order to ensure their equal treatment, taking into account the relevant international legal standards and existing good practices;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY, Alessandra MUSSOLINI, Mariya GABRIEL, Rachida DATI

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission and the Member States to keep the issue of violence against women high on the agenda as Gender-based violence is both a consequence of the inequalities between women and men as well as an obstacle to equality and therefore should not be tolerated; Furthermore calls on the Commission to encourage national ratifications and start the procedure for EU accession to the Istanbul Convention as quickly as possible; notes that the immediate accession of all Member States to the Istanbul Convention would lead to the development of an integrated policy and to the promotion of international cooperation in the fight against all forms of violence against women;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 10 b (new)

10b. Calls on the Commission and the FRA to take targeted actions to monitor the situation of traditional national minorities in the EU by systematic collection of specified data and reporting;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY, Alessandra MUSSOLINI, Mariya GABRIEL, Rachida DATI

Motion for a resolution
Paragraph 10 b (new)

10b. Calls on the EU to continue its work in ensuring equality between women and men in pay, pensions and participation in labour market, including in positions on top management. This action should help ensuring that Europe is making full use of all available talent;

2015/05/12
Committee: LIBE

2014/2254(INI)

Pál CSÁKY, Csaba SÓGOR

Motion for a resolution
Paragraph 10 c (new)

10c. Reiterates that Member States should take adequate measures to promote equal treatment of all EU citizens, including traditional national minorities;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 10 d (new)

10d. Condemns all forms of discrimination on grounds of language use; calls on those Member States who have not yet done so to ratify and effectively implement the European Charter for Regional or Minority Languages;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Alessandra MUSSOLINI, Rachida DATI

Motion for a resolution
Paragraph 10 e (new)

10e. Urges the European Union and the Member States to intensify their efforts to guarantee that the fundamental rights of all Roma in the EU are respected; urges the Member States to invest more effort in the design and selection of sustainable and ambitious Roma integration projects;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Traian UNGUREANU, Alessandra MUSSOLINI, Rachida DATI

Motion for a resolution
Paragraph 12

12. Deplores the discrimination and exclusion that persons with a mental and/or physical disability still face today; calls on the Commission and the Member States to ~~implement the European Disability Strategy~~promote the integration of persons with disabilities through the European Disability Strategy 2010-2020, the ''Europe 2020'' and the European Semester and to monitor and apply the relevant European legislation;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Traian UNGUREANU, Alessandra MUSSOLINI, Rachida DATI

Motion for a resolution
Paragraph 12 a (new)

12a. Urges the Commission to guide Member States in order to make use in the best way of the European structural and investments funds, which must be applied in accordance with the EU's obligations under the UNCRPD Convention;

2015/05/12
Committee: LIBE

2014/2254(INI)

Motion for a resolution
Paragraph 12 b (new)

12b. Urges the Commission to support more NGO's, covering various aspects of disability, as well as Member States' Organisations, and to work closely with them, aiming at the proper implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), launching training programs for the empowerment of these persons, gathering data and carrying out analysis;

2015/05/12
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY

Motion for a resolution
Paragraph 13

13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; cCalls ~~for a review of the f~~on the Member States to implement the Council Framework dDecision on ~~racism~~combating certain forms and expressions of racism, related intolerance and xenophobia;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Rachida DATI

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on Member States to adopt criminal legislation prohibiting incitement to hatred on any grounds and to ensure that there is effective protection against racism of any kind based on a racial or ethnic origin, political opinions, religious or philosophical beliefs and health or sexual life;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Pál CSÁKY, József NAGY, Rachida DATI

Motion for a resolution
Paragraph 13 b (new)

13b. Expresses its concern about the situation of the Roma in the European Union, and the numerous instances of persecution, violence, stigmatisation and discrimination against contrary to fundamental rights and European Union law; calls once more for the effective implementation of the strategies to foster real inclusion and for pertinent action to promote integration, particularly in the field of fundamental rights, education, employment, housing, healthcare, as well as to fight against violence, hate speech and discrimination of Roma;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY

Motion for a resolution
Paragraph 13 c (new)

13c. Stresses that the principles of human dignity, equality before the law and the prohibition of discrimination on any grounds are foundations of rule of law; calls on Member States to adopt a national legislative framework to address all forms of discrimination and guarantee the effective implementation of the existing EU legal framework;

2015/05/19
Committee: LIBE

2014/2254(INI)

Pál CSÁKY, Rachida DATI

Motion for a resolution
Paragraph 13 d (new)

13d. Underlines that the formulation and implementation of policies on sexual and reproductive health and rights is a competence of the Member States and therefore supports measures and actions by the Member States to improve women’s access to health services and inform them more comprehensively about their rights and the services available. Emphasises that the EU can contribute to the promotion of best practice among Member States;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Traian UNGUREANU, Mariya GABRIEL, Alessandra MUSSOLINI, Rachida DATI

Motion for a resolution
Paragraph 13 e (new)

13e. Stresses that the children’s rights should be fulfilled without discrimination on any grounds, regardless of their parents’ ethnic origin, nationality, religion and social, migration or residence status;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, Traian UNGUREANU, Alessandra MUSSOLINI, Mariya GABRIEL, Rachida DATI

Motion for a resolution
Paragraph 13 f (new)

13f. Calls on the Member States to implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children, and child pornography, and to strengthen the legal ability, technical capabilities and financial resources of law enforcement authorities in order to increase cooperation, including with Europol, with a view to investigating and dismantling child sex offender networks more efficiently, while prioritising the rights and safety of the children involved;

2015/05/19
Committee: LIBE

2014/2254(INI)

Anna Maria CORAZZA BILDT, Carlos COELHO, József NAGY, Traian UNGUREANU, Barbara MATERA, Petr JEŽEK, Nathalie GRIESBECK, Antonio LÓPEZ-ISTÚRIZ WHITE, Marielle DE SARNEZ, Beatriz BECERRA BASTERRECHEA, Miapetra KUMPULA-NATRI, Luigi MORGANO, Caterina CHINNICI, Gérard DEPREZ, Pál CSÁKY

Motion for a resolution
Paragraph 14 a (new)

14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY, Mariya GABRIEL, Rachida DATI

Motion for a resolution
Paragraph 14 a (new)

14a. Stresses the importance of respecting and protecting the rights of refugees and migrants, while special attention should be paid to women and children migrants; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention on the status of refugees and the principle of non-refoulement; Underlining the need for having External Relations, Development policy and Humanitarian aid interlinked and coordinated with Internal Policies for migration and internal security in order to be successful. This will require a more targeted approach including additional resources and efforts and better cooperation also amongst the competent EU institutions;

2015/05/19
Committee: LIBE

2014/2254(INI)

Roberta METSOLA, Barbara MATERA, Pál CSÁKY, József NAGY

Motion for a resolution
Paragraph 14 b (new)

14b. Calls on the Member States to ensure that the Common European Asylum System (CEAS) is fully established as planned, providing better access to the asylum procedure for those who seek protection and guaranteeing decent conditions both for those who apply for asylum and those who are granted international protection within the EU;

2015/05/19
Committee: LIBE

2014/2254(INI)