Activities of Miriam DALLI
Plenary speeches (32)
Statement by the candidate Commission President (debate)
Humanitarian assistance in the Mediterranean (debate)
Order of business
Preparation for the Climate Action Summit and the Sustainable Development Goals Summit in New York (debate)
Amazon forest fires (debate)
Fight against cancer (topical debate)
Taking forward the Horizontal anti-discrimination Directive (debate)
Climate and ecological emergency (topical debate)
Search and rescue in the Mediterranean (debate)
Presentation by the Commission President-elect of the College of Commissioners and their programme (debate)
2019 UN Climate Change Conference (COP25) (B9-0174/2019) (vote)
The European Green Deal (debate)
The Rule of Law in Malta, after the recent revelations around the murder of Daphne Caruana Galizia (debate)
The Rule of Law in Malta, after the recent revelations around the murder of Daphne Caruana Galizia (debate)
Conclusions of the European Council meeting of 12 and 13 December 2019 (debate)
Devastating Bushfires in Australia and other extreme weather events as a consequence of Climate Change (debate)
Gender pay gap (debate)
Sustainable investment plan, just transition fund and Roadmap on Social Europe (debate)
Coronavirus outbreak (debate)
Commission Work Programme 2020 (debate)
Revision of the guidelines for trans-European energy infrastructure - Objection pursuant to Rule 111: Union list of projects of common interest (debate)
The illegal trade in companion animals in the EU (debate)
Better internet for children (debate)
Farm to Fork Strategy - the key role of farmers and rural areas (debate)
Farm to Fork Strategy - the key role of farmers and rural areas (debate)
European coordinated response to the COVID-19 outbreak (debate)
EU coordinated action to combat the COVID-19 pandemic and its consequences (continuation of debate)
Use of contact tracing apps in the fight against the coronavirus (debate)
Tourism and transport in 2020 and beyond (debate)
The EU’s public health strategy post-COVID-19 (continuation of debate)
State of the Union (topical debate) (debate)
European Climate Law (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
Shadow opinions (1)
OPINION on the general budget of the European Union for the financial year 2021
Institutional motions (4)
MOTION FOR A RESOLUTION on the climate and environmental emergency
JOINT MOTION FOR A RESOLUTION on the climate and environment emergency
MOTION FOR A RESOLUTION on the European Green Deal
JOINT MOTION FOR A RESOLUTION on the European Green Deal
Written explanations (232)
Launch of automated data exchange with regard to vehicle registration data in Ireland (A9-0003/2019 - Juan Fernando López Aguilar)
. ‒ I voted in favour of authorising Ireland to receive and supply personal data for the purpose of automated searching of vehicle registration data under the Prüm Treaty. This is a positive step based on a pilot project in the exchange of information between law enforcement authorities to counter terrorism and fight cross-country crime.
Draft amending budget No 1/2019: surplus from 2018 (A9-0005/2019 - John Howarth)
. ‒ The 2018 surplus transferred to the 2019 budget amounts to EUR 1.8 billion and is the result of a larger-than-expected out-turn of default interest and fines, under-implementation in payments by the Commission and the other institutions as well as 2017 carryovers. I therefore voted in favour of this simple procedure which will transfer the surplus of the budget of the previous year to the budget of the current year.
Draft amending budget No 2/2019: reinforcement of key programmes for EU competitiveness: Horizon 2020 and Erasmus+ (A9-0004/2019 - John Howarth)
Mobilisation of the European Union Solidarity Fund to provide assistance to Romania, Italy and Austria (A9-0002/2019 - Siegfried Mureşan)
I voted in favour of the mobilisation of the European Union Solidarity Fund in providing EUR 8 192 300 to Romania, EUR 227 204 595 to Italy and EUR 8 154 899 to Austria, both in commitment and payment appropriations. These funds will be used as a financial tool to assist countries in dealing with the damage caused by natural disasters in these countries.
Draft amending budget No 3/2019: proposal to mobilise the European Union Solidarity Fund to provide assistance to Romania, Italy and Austria (A9-0006/2019 - John Howarth)
Mobilisation of the European Globalisation Adjustment Fund - EGF/2019/000 TA 2019 - Technical assistance at the initiative of the Commission (A9-0001/2019 - Bogdan Rzońca)
The mobilisation of the European Globalisation Adjustment Fund comes at the objective of providing technical assistance to finance the monitoring and data gathering to create a knowledge base interface, as well as to advise EU Member States on the functioning of the European Globalisation Fund. Because of this, I voted in favour of this report.
The UK’s withdrawal from the EU (B9-0038/2019, B9-0039/2019)
I believe that the value of the Withdrawal Agreement is that it provides legal certainty to all those affected by the withdrawal of the UK from the EU. Having a no-deal exit is of grave concern for the future and the rights of thousands of citizens living within and outside the UK especially due to the growing uncertainty. For this reason, I voted in favour of supporting an extension of the deadline provided for in Article 50 if there are good reasons and a purpose for such an extension.
Eurojust and Serbia Cooperation Agreement (A9-0009/2019 - Juan Fernando López Aguilar)
I voted in favour of this Council Decision to allow Eurojust to conclude a cooperation agreement with Serbia. This cooperation agreement will lay down the foundation for cooperation between Eurojust and Serbia to meet the challenges posed by serious crime, in particular organised crime and terrorism.
Draft amending budget No 4/2019: reduction of commitment and payment appropriations in line with updated needs of expenditure and update of revenue (own resources) (A9-0012/2019 - John Howarth)
Adjustments to the amounts mobilised from the Flexibility Instrument for 2019 to be used for migration, refugee inflows and security threats (A9-0013/2019 - John Howarth)
As a result of the European Parliament’s position on Draft Amending Budget No 4/2019, the proposed adjustments by the Commission on the reduction of the use of the Flexibility Instrument in 2019 and the adjustment of the mobility of the Flexibility Instrument have become void. For this reason, I voted against the Commission’s proposal.
Objection pursuant to Rule 112: Active substances, including flumioxazine (B9-0103/2019)
The European Food Safety Authority concluded in 2014, 2017 and 2018 that there were critical areas of concern on flumioxazine, potentially having endocrine disrupting properties. However, in 2015 flumioxazine was placed on the Candidates for Substitution list by Commission Implementing Regulation. I voted in favour of this objection because flumioxazine has a high risk of bioconcentration, is highly toxic to algae and aquatic plants and moderately toxic to earthworms, honeybees, fish and aquatic invertebrates. With this vote we are opposing the dangerous procedural extension of authorisation for a substance to be known toxic to human health and the environment.
Objection pursuant to Rule 112: Active substances, including chlorotoluron (B9-0104/2019)
I voted in favour of this objection to the extension by one year of the approval period for the active substance chlorotoluron used in plant protection products. This is because chlorotoluron has a harmonised classification as being very toxic to aquatic life, very toxic to aquatic life with long lasting effects, suspected of causing cancer.
Objection pursuant to Rule 112: Genetically modified maize MZHG0JG (SYN-ØØØJG-2) (B9-0107/2019)
I voted in favour of this objection on the grounds that the authorisation of these maize products could lead to unacceptable risks to food safety and human health: GM maize is derived from crossing 5 GM maize events and confers resistance to herbicides containing glufosinate, glyphosate and 2,4-D as well as producing 6 insecticidal proteins.
Objection pursuant to Rule 112: Genetically modified soybean A2704-12 (ACS-GMØØ5-3) (B9-0105/2019)
Objection pursuant to Rule 112: Genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 (B9-0106/2019)
GM maize has been made tolerant to glyphosate-based herbicides, as well as glufosinate ammonium-based herbicides. I voted in favour of this objection which calls on the European Commission to withdraw its draft implementing decisions, to suspend any implementing decision regarding applications for authorisation of GMOs until the authorisation procedure has been revised in such a way as to address the shortcomings of the current procedure. Herbicide- tolerant GM plants should be fully assessed for their safety before being placed on the European market.
Foreign electoral interference and disinformation in national and European democratic processes (B9-0108/2019, B9-0111/2019)
I voted in favour of this report, which stresses that free and fair elections are at the heart of the democratic process. Therefore a common reaction from the EU and its Member States is necessary to ensure that there is no evidence of interference – much of which favoured anti-EU, extremist and populist candidates – in the run-up to all major national and European elections.
Employment and social policies of the euro area (A9-0016/2019 - Yana Toom)
European Globalisation Adjustment Fund (2014-2020) (A9-0015/2019 - Vilija Blinkevičiūtė)
Fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters (A9-0014/2019 - Chris Davies)
. ‒ In case of a no-deal Brexit, fishing vessels of the EU will lose their right of access and of fishing in the waters under the jurisdiction of the United Kingdom. For this reason, the Commission proposed a contingency application, which aimed to simplify the administrative procedures to grant authorisations in the area of fisheries. I voted in favour of this new contingency proposal, which extends its application to the year 2020.
Implementation and financing of the EU general budget in 2020 in relation to the UK's withdrawal from the EU (A9-0018/2019 - Johan Van Overtveldt)
. ‒ The purpose of this proposal is to extend to 2020 the budget contingency framework to minimise the most significant disruptions for beneficiaries of EU spending programmes and other actions at the time of withdrawal and until the end of 2020. I voted in favour of this report which would allow for an orderly budget implementation of the legal commitments with the UK and UK entities before the date of withdrawal.
Periods of application of Regulation (EU) 2019/501 and Regulation (EU) 2019/502 (Committee on Transport and Tourism)
. ‒ On 25 March 2019, the European Parliament and the Council adopted Regulation (EU) 2019/501 ensuring basic road connectivity and Regulation (EU) 2019/502 ensuring basic air connectivity. In line with the principles underlying the contingency measures, both Regulations are limited in scope and are intended to apply for limited periods of time.I voted in favour of this proposal that aims to extend the period of validity of Regulations (EU) 2019/501 and (EU) 2019/502 by seven months, which corresponds to the duration of the extension of the period referred to in Article 50(3) of the Treaty on European Union (TEU).
Draft general budget of the European Union for 2020 - all sections
This draft general EU budget for 2020 gives a clear indication on the priority of the European Parliament. I voted in favour of it, as our Group managed to secure the highest EP position on an annual budget ever, with an additional 3 billion for Youth and Climate, to make clear to Member States their responsibility in coping with those emergencies.The resolution expresses with words the compromise on figures adopted in the context of the BUDG Committee vote, having a specific focus on the remaining efforts ahead of the EU to cope with the climate change efforts, in addition to traditional S&D priorities such as Youth (Youth Employment initiative) or Migration and Development, among others.
General budget of the European Union for 2020 - all sections (A9-0017/2019 - Monika Hohlmeier, Eider Gardiazabal Rubial)
I voted in favour of the budgetary resolution as it expresses with words the compromise on figures adopted in the context of the BUDG committee vote, having specific focus on the remaining efforts ahead of the EU to cope with the climate change efforts, in addition to traditional S&D priorities such as Youth (Youth Employment initiative) or Migration and Development among others.
Discharge 2017: European Asylum Support Office (EASO) (A9-0011/2019 - Petri Sarvamaa)
Discharge 2017: EU general budget - European Council and Council (A9-0010/2019 - Isabel García Muñoz)
For the past decade, and again this year, the Council has not provided the European Parliament with the required information to be considered to grant discharge and didn’t turn up for the CONT committee’s annual discharge hearing. For this reason, I voted in favour of not granting discharge to the 2017 European Council.
Objection pursuant to Rule 112: Assessment of the impact of plant protection products on honeybees (B9-0149/2019)
A recent draft proposal from the Commission intended to incorporate into EU law the EFSA’s guidelines to cut the use of pesticides that harm bees. The guidance indicated how pesticides should be tested in order to protect bees, and therefore these pesticides would remain available on the market only if they pass these new tests. However, most EU Member States opposed these provisions. I voted in favour of this objection which calls on the Commission to table a new draft proposal based on the latest scientific knowledge, making full use of its powers.
Financial assistance to Member States to cover serious financial burden inflicted on them following a UK's withdrawal from the EU without an agreement (A9-0020/2019 - Younous Omarjee)
In the light of Brexit, the regulation on the European Union Solidarity Fund need to be amended to increase advance payments out of the Fund from 10% to 25%. The current advance payments are too low thus delaying efforts of support after a natural disaster and this is why I voted in favour of this amendment.
Objection pursuant to Rule 112: partially granting an authorisation for a use of chromium trioxide (Cromomed S.A. and others) (B9-0151/2019)
Studies show that Chromium trioxide qualifies as a ‘non-threshold substance’, that is, a substance for which it is not possible to estimate a ‘safe level of exposure’. According to the SEAC opinion, despite information on alternatives available, the applicants did not invest or plan in detail advances in R&D. For this reason I voted in favour of this objection which calls on the Commission to withdraw its draft implementing decision and to submit a new draft granting the authorisation only for the uses specifically defined for which no suitable alternatives are available.
Effects of the bankruptcy of Thomas Cook Group (RC-B9-0118/2019, B9-0118/2019, B9-0119/2019, B9-0120/2019, B9-0121/2019, B9-0122/2019, B9-0124/2019)
The Thomas Cook Group covered various areas, such as accommodation, transport and leisure activities, thus affecting several different types of consumers and businesses. This resolution highlights the importance of assisting the employees made redundant by Thomas Cook Group and for the EU to carry out measures which can prevent such a crisis in the future. I voted in favour of this report.
State of play of the disclosure of income tax information by certain undertakings and branches - public country-by-country reporting (B9-0117/2019)
I voted in favour of this resolution aiming to safeguard the normal flow of the legislative process, which called for the breaking of the deadlock in the Council on the negotiations of the CBCR proposal and for working on the differences during the interinstitutional negotiations with the Parliament.
The Turkish military operation in northeast Syria and its consequences (RC-B9-0123/2019, B9-0123/2019, B9-0125/2019, B9-0126/2019, B9-0127/2019, B9-0128/2019, B9-0129/2019, B9-0133/2019)
I condemn Turkish military intervention against Kurdish-led forces in northeast Syria. This resolution calls for an EU—wide arms action against the Turkish actions, and a set of targeted sanctions, including economic measures and visa bans on officials responsible for human rights abuses. This is why I voted in favour of this resolution.
Macro-financial assistance to Jordan (A9-0045/2019 - Luisa Regimenti)
EU-Switzerland Agreement on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (A9-0043/2019 - Roberta Metsola)
EU-Liechtenstein Agreement on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (A9-0044/2019 - Roberta Metsola)
This international agreement between the EU and Liechtenstein aims to improve and simplify the automated exchange of information and intelligence between law enforcement authorities of the Member States and the associated countries, in order to stimulate international police cooperation. Because of this, I voted in favour of this agreement.
Protocol to EU-Switzerland Agreement concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland regarding the access to Eurodac for law enforcement purposes (A9-0025/2019 - Jadwiga Wiśniewska)
Accession of Solomon Islands to the EU-Pacific States Interim Partnership Agreement (A9-0050/2019 - Bernd Lange)
Requirements for payment service providers (A9-0048/2019 - Lídia Pereira)
Measures to strengthen administrative cooperation in order to combat VAT fraud (A9-0047/2019 - Lídia Pereira)
The proposal relates to the mandatory transmission and exchange of VAT-relevant payment information between VAT authorities. It goes hand in hand with the proposal introducing certain requirements to payment service providers and lays down rules for the Member States to collect in a harmonised way the records made electronically available by payment service providers. I voted in favour of this report, which also sets up a new central electronic system for the storage of the payment information and for the further processing of this information by anti-fraud officials.
Association of the overseas countries and territories with the European Union ('Overseas Association Decision') (A9-0033/2019 - Tomas Tobé)
This report is about a technical amendment to the legal framework for the relations between overseas countries and territories and the Member States to which they are linked, and the European Union. The objective of the proposal is to amend the Annex of the directive that defines the concept of ‘originating products’ and methods of administrative cooperation between the EU and the Overseas Association Decision. I voted in favour of this report.
CAP: Financial discipline as from financial year 2021 and flexibility between pillars in respect of calendar year 2020 (A9-0042/2019 - Norbert Lins)
EU-Gambia Sustainable Fisheries Partnership Agreement and the Implementation Protocol thereto (A9-0026/2019 - Carmen Avram)
Under this agreement, the fishing opportunities granted to the European Union vessels concern the highly migratory species of 28 freezer tuna seiners and 10 pole-and-lines and the deep-water demersal fish. This agreement covers cooperation in the fight against IUU fishing and the promotion of the blue economy, including aquaculture. For these reasons, I voted in favour of this report, given that special support will be given to artisanal fishermen.
Objection pursuant to Rule 112: Active substances, including dimoxystrobin and mancozeb (B9-0230/2019)
This objection opposes the draft Commission measure on the grounds that the implementing regulation goes against the basic act, which states that only pesticides that have been proven to present no unacceptable risks can be used in the EU. I voted in favour of this objection, which opposes the dangerous procedural extension of authorisation for a substance which is toxic to human health.
Public discrimination and hate speech against LGBTI people, including LGBTI free zones (B9-0234/2019)
I voted in favour of this resolution, which takes stock of the current worrying trends observed in the EU, such as attacks on LGBTI social centres in several Member States, homophobic statements and hate speech targeting LGBTI people – in particular in the context of elections or with legal instruments which might be applied to restrict media, education and other content in a manner that unduly restricts freedom of expression regarding LGBTI issues.
Fair taxation in a digitalised and globalised economy - BEPS 2.0 (B9-0238/2019)
The Rule of Law in Malta, after the recent revelations around the murder of Daphne Caruana Galizia (B9-0240/2019)
This Resolution speaks about a systematic threat to the rule of law but does not take proper account of the reforms that are being carried out. This wording serves as a prelude to triggering Article 7 against Malta, a severe action against the country as a whole.The Resolution speaks, for example, about a report of the European Commission on tax evasion and it singles out Malta, when in reality this report speaks about many more other countries. The Resolution sheds a bad light on a national bank and sows doubts about the integrity of the investigation of the assassination of Daphne Caruana Galizia.For these reasons I did not the support the resolution as is.
EU Pollinators Initiative (B9-0233/2019)
Bees and other pollinators are fundamental for our ecosystems and for our food production. Europe needs to switch to a greener agricultural model and more sustainable use of pesticides to better protect our pollinators. I voted in favour of this initiative, which prioritises mandatory EU-wide reduction targets for pesticides in order to create a non-toxic environment and to put an end to pollinators’ decline.
Enabling the digital transformation of health and care (B9-0239/2019)
I voted in favour of this resolution which seeks to ensure that citizens have access to their health data, also across borders, anywhere in the EU. Such proposals have the potential not only to contribute to providing more preventive, personalised and responsive health care to European citizens, to strengthen the efficiency of Europe’s health and care systems, but also to stimulate growth and promote European industry in healthcare services.
Numerical strength of committees (B9-0039/2020)
. ‒ I voted in favour of the new numerical composition of the European Parliament’s standing parliamentary committees and subcommittees. In order to meet the new priorities of the 2019-2024 institutional cycle, the Committee on the Environment, Public Health and Food Safety, is now the largest out of all the committees with 81 members.
Protocol to the Agreement between the EU, Iceland and Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway regarding the access to Eurodac for law enforcement purposes (A9-0053/2019 - Jadwiga Wiśniewska)
. ‒ Eurodac aims at enabling law enforcement authorities to request the comparison of fingerprint data with those stored in the Eurodac central database when they seek to establish the exact identity of or obtain further information for the purpose of prevention, detection or investigation of terrorist offences or of other serious criminal offences. I voted in favour of this protocol which allows a new element of law enforcement access for Iceland and Norway.
EU-China Agreement on certain aspects of air services (A9-0041/2019 - Tomasz Piotr Poręba)
The Commission has negotiated an agreement with the People’s Republic of China that replaces certain provisions in the existing bilateral air services agreements between Member States and China. I voted in favour of this agreement which will serve as a fundamental objective of the external aviation policy of the Union by bringing existing bilateral air services agreements into line with Union law.
Common system of value added tax as regards the special scheme for small enterprises (A9-0055/2019 - Inese Vaidere)
. ‒ Both the Commission’s initial proposal and the Council’s general approach aim to introduce new rules to reduce administrative burden and compliance costs for SMEs and to help create a fiscal environment which will help SMEs grow and trade across borders more efficiently. I voted in favour of this Council’s changes, in order to allow these rules’ entry into force and implementation as soon as possible, to the benefit of the EU’s SMEs.
The European Green Deal (RC-B9-0040/2020, B9-0040/2020, B9-0041/2020, B9-0042/2020, B9-0043/2020, B9-0044/2020, B9-0045/2020, B9-0046/2020)
The Green Deal is what can make Europe the frontrunner in a climate-friendly economy. Given the right financial and the right policies, this is an opportunity to create jobs and generate new economic growth. I voted in favour of this report based on three pillars: a green pillar to achieve climate targets, a red pillar to ensure a strong social dimension to the Green Deal and a financial one, whereby the long-term EU budget should provide sufficient resources to achieve these objectives.
Implementing and monitoring the provisions on citizens’ rights in the Withdrawal Agreement (B9-0031/2020)
This EP resolution expresses concern about the difficulties encountered by some in applying for permanent residence status in the UK, sometimes with rejections of these status applications or requests for additional evidence ‘even if these people have been in the country for a long time’. I voted in favour of this resolution which seeks to establish peace of mind for all UK and EU citizens concerned.
Annual report 2018 on the human rights and democracy in the world and the European Union's policy on the matter (A9-0051/2019 - Isabel Wiseler-Lima)
This report aims to scrutinise on the human rights policy of the European Union in 2018 and to give an overview of the actions of the European Parliament in the area of human rights. I voted in favour of this report, which highlights the general trends and key challenges which still exist in the areas of human rights and suggests solutions to promote respect.
Annual report on the implementation of the common foreign and security policy (A9-0054/2019 - David McAllister)
Annual report on the implementation of the common security and defence policy (A9-0052/2019 - Arnaud Danjean)
This report points out the areas of uncertainty and unpredictability in the security environment and stressed on the need to develop and strengthen European strategic autonomy. Whilst I agree that we need to move to a substantial autonomous defence capacity aiming at protecting citizens and the cores on which the EU is based, it is important that such a move should respect the neutrality of Malta. I abstained in this final vote.
European Parliament's position on the Conference on the Future of Europe (B9-0036/2020, B9-0037/2020, B9-0038/2020)
I voted in favour of this text which includes proposals to give EU citizens stronger opportunities to be involved in the debate on the future of Europe in order to shape Europe’s future, notably through the establishment of citizens’ and youth agoras which will discuss policy priorities to feed into the main Conference.
Situation in Venezuela after the illegal election of the new National Assembly Presidency and Bureau (parliamentary coup) (B9-0051/2020, B9-0052/2020, B9-0053/2020, RC-B9-0048/2020, B9-0048/2020, B9-0049/2020, B9-0050/2020)
I strongly condemn the outrageous attacks against the constitutional and democratic functioning of the National Assembly and the takeover of the legislative power by an illegitimate President. These developments require a strong response, and further restrictive measures – targeting those responsible for undermining democracy – should be considered, although these measures should in no way harm the Venezuelan people, who are already seriously affected by the crisis. I voted in favour of this report.
Ongoing hearings under article 7(1) of the TEU regarding Poland and Hungary (B9-0032/2020)
I reiterate my call for an EU mechanism on democracy, the rule of law and fundamental rights to avoid any such developments as in Poland and Hungary at the earliest stage by assessing all EU Member States on an annual, independent basis with country-specific recommendations. I voted in favour of this report, which strongly condemns the deterioration of the situation in both countries.
COP15 to the Convention on Biological Diversity (Kunming 2020) (B9-0035/2020)
. ‒ This resolution on the Convention on Biological Diversity COP15 is another key moment for Parliament to support nature protection and restoration as a top priority in the European Green Deal, alongside climate change, and for the EU to be a champion for nature protection and restoration both globally and in the EU. I voted in favour of this resolution which calls on the EU to lead the way to a more ambitious agreement whilst underlining the need for the EU’s global ambition to be consistent with its domestic action.
Activities of the European Ombudsman in 2018 (A9-0032/2019 - Peter Jahr)
I voted in favour of this annual report because the Union’s institutions, bodies, offices and agencies must conduct their work as openly as possible in order to promote good governance and ensure the participation of civil society. I welcome the Ombudsman’s recommendations to the Council of the EU and the fruitful dialogue between the Ombudsman and the PETI Committee to ensure that citizens’ concerns are addressed.
Institutions and bodies in the Economic and Monetary Union: Preventing post-public employment conflicts of interest (B9-0047/2020)
A conflict of interest has arisen as a consequence of the appointment of the EBA Executive Director as AFME Chief Executive. This post-public employment with no cooling-off period constitutes a risk not only to the reputation and independence of the EBA, but to all EU institutions and the European project as a whole. I voted in favour of this report because of the importance of an open and independent European administration.
Conclusion of the EU-Viet Nam Free Trade Agreement (A9-0003/2020 - Geert Bourgeois)
Vietnam has strategic importance for EU trade in the ASEAN region. I voted in favour of these recommendations to give consent to the Free Trade Agreement, as Vietnam is committed to multilateralism in global trade and to international efforts in fighting climate change. Thanks to enhanced relations with the EU, it is now engaging in reforms on labour rights, although further reforms are expected on fundamental freedoms, in particular on freedom of association and expression.
Conclusion of the EU-Viet Nam Free Trade Agreement (Resolution) (A9-0017/2020 - Geert Bourgeois)
The EU-Vietnam free trade agreement represents an ambitious model for EU trade policy with emerging economies. A model in which we negotiate as partners, on equal footing, and share a common agenda and values to stimulate growth and employment, boost competitiveness, fight against poverty and consolidate structural reforms. Based on this, I voted in favour of these recommendations.
EU-Viet Nam Investment Protection Agreement (A9-0002/2020 - Geert Bourgeois)
EU-Viet Nam Investment Protection Agreement (Resolution) (A9-0014/2020 - Geert Bourgeois)
Before ratification, the commitments taken by Vietnam in the trade and sustainable development chapter of the agreement have already contributed to making people’s lives better. We want to secure the progress achieved and maintain the leverage for further positive changes. It is important that Vietnam continues to work on its roadmap and advances with the specific steps which have been identified. This is why I voted in favour of this resolution.
Objection pursuant to Rule 111: Union list of projects of common interest (B9-0091/2020)
Energy projects of common interest are key to secure the long-term security of supply, diversification and decarbonisation objectives of the EU. As the EU and its Member States signed up for a 2050 climate-neutrality target, money should be focused on projects that can help us reach that goal.I understand that different Member States have different needs and that projects such as interconnections are extremely important for island Member States. At the same time, I’m totally against oil supply projects and non-EU state projects.I abstained on this objection to this 4th PCI list, because I don’t want us to go back to the 3rd PCI list that is more harmful to our climate. However, at the same time the Commission urgently needs to strengthen the sustainability assessment of all projects of TEN-E in order to enable the entire energy sector to move towards clean energy.
Objection pursuant to Rule 112: Lead and its compounds (B9-0089/2020)
Europe's current enthusiasm for recycling, though well-meaning, must not put people’s health at risk. Otherwise, it will not only be a public health issue, but also will have the unintended consequence to undermine the trust in recycling, a trust that is fundamental to ensure the efficient use of resources within the circular economy. With a completely persistent hazard like lead, phasing out its use as fast as possible is the only adequate option.I voted in favour of this objection as it considers that the draft Commission regulation is not compatible with the aim and content of the REACH Regulation. The EP calls on the Commission to withdraw the draft regulation and submit a new one to the committee without delay.
An EU strategy to put an end to female genital mutilation around the world (B9-0090/2020, B9-0092/2020)
I voted in favour of this resolution, which provides a comprehensive overview and a holistic approach to ending the practice of female genital mutilation. Particularly noting that it comes from harmful social norms, gender stereotypes, discrimination, lack of access to education for girls, including comprehensive sexual education, lack of work or employment for women, the inability to own or inherit property, forced or early child marriage, sexual and physical violence. Regardless of my support for the report, I abstained from the votes on the paragraphs referring to the acceptance of abortion.
Automated decision-making processes: Ensuring consumer protection, and free movement of goods and services (B9-0094/2020)
. ‒ The development of artificial intelligence (AI) and automated decision-making processes is progressing at a quick speed. The applications, opportunities and challenges are numerous and encompass virtually all sectors of the internal market. I voted in favour of this resolution, which focuses on promoting consumer choice, trust and welfare. The existing rules on consumer protection and product safety and liability may need to be adapted to include new AI-enabled products and services.
Proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (B9-0098/2020)
European Central Bank - annual report 2018 (A9-0016/2020 - Costas Mavrides)
The European Central Bank has been instrumental in providing a favourable environment for investments and easier credit for the real economy, however without an expansionary fiscal policy the growth will remain subdued. I voted in favour of this EP annual report, as it encourages the ECB to fully play its role in the sustainable transition.
The illegal trade in companion animals in the EU (B9-0088/2020)
This motion for resolution addresses a number of issues related to the illegal trafficking of companion animals, and calls for compatible, inter-connected systems for the means and methods of identification and registration of cats and dogs in databases in the Member States, an EU Action Plan to address the illegal trade in companion animals, improved law enforcement and tougher sanctions, more awareness-raising, and training for customs and veterinary authorities. Because of this I voted in favour of this report.
The EU priorities for the 64th session of the UN Commission on the Status of Women (B9-0093/2020, B9-0095/2020)
I voted in favour of this joint resolution, which speaks about the role of the EU as a global leader in empowering women and girls’ rights worldwide via its internal and external policies - about fighting anti-gender equality movements and protecting women disproportionately affected by the negative impacts of climate change. Regardless of my support for the report, I abstained from the votes on paragraphs referring to the acceptance of abortion.
Allocation of slots at Community airports: common rules
I voted in favour of this Regulation which allows airlines to adapt their capacity in view of the reduced demand caused by the coronavirus epidemic. At present, under the current Slot Regulation, air carriers lose their slots if they do not continue to operate their services at least 80% of the time. In the current situation with the COVID-19 crisis it makes sense that these rules are temporarily suspended. It does not make sense for airlines to fly empty and lose their slots. It does not make financially sense for the airlines that currently are under a lot of financial pressure and it does not make sense for the environment. I voted also in favour of extending this suspension as proposed by the European Parliament’s Transport Committee.
Specific measures to mobilise investments in the health care systems of the Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative)
This Regulation aims to redirect unallocated EUR 37 billion of cohesion policy funding to hospitals and SMEs. The ongoing situation needs to be addressed to help affected regions, states, and citizens as fast as possible. I voted in favour of releasing this amount so that Member States can have more flexibility in implementing programmes that are required urgently at this point in time to make our countries more resilient to the impacts of COVID-19.
Financial assistance to Member States and countries negotiating their accession to the Union that are seriously affected by a major public health emergency
I voted in favour of this Regulation on the adaptation of the EU Solidarity Fund to enlarge its scope to include major public health crises under emergencies that the EU Solidarity Fund could finance. This is done with the aim of mobilizing the funds towards the most affected Member States in cases such as COVID-19. This is the time for real solidarity and coordinated effort is needed to truly help Member States in fighting COVID-19.
Regulation amending the Multiannual financial framework 2014-2020
The 2014-2020 MFF Regulation needs to be adjusted in order to enable the activation of the COVID-19 Emergency Support Instrument. Through the use of the global margin for commitments, Member States will now be able to finance measures in the healthcare sector. We need to continue supporting national governments in their response to the coronavirus cases and this is why I voted in favour of these amendments, mobilising EUR 3 billion in targeted support.
Draft amending budget No 1/2020: Assistance to Greece in response to increased migration pressure - Immediate measures in the context of the COVID-19 outbreak - Support to post-earthquake reconstruction in Albania - Other adjustments
This draft amending budget will seek to assist in reducing the migration pressure in Greece, providing an urgent response to prevent a further deterioration of the COVID-19 outbreak and to support Albania in its reconstruction following an earthquake. In these circumstances, EU support is vital, and therefore I voted in favour.
Draft amending budget No 2/2020: Providing emergency support to Member States and further reinforcement of the Union Civil Protection Mechanism/rescEU to respond to the COVID-19 outbreak
This draft amending budget includes emergency support through the Emergency Support Instrument, which is proposed to be re-activated to help tackle the consequences of the COVID-19 outbreak and to further reinforce the Union Civil Protection Mechanism to enable wider stockpiling and coordination of essential resource distribution across Europe. In these difficult times, full support through the EU budget should be given to Member States to successfully respond to this crisis. This is why I voted in favour of this draft amendment.
Mobilisation of the Flexibility Instrument for 2020: migration, refugee inflows and security threats; immediate measures in the context of the COVID-19 outbreak; reinforcement of the European Public Prosecutor's Office (C9-0092/2020)
I voted in favour of the mobilizing the Flexibility Instrument for security as part of the EU’s general budget to help elevate the migration pressure on countries in the Mediterranean. National governments need assistance and solidarity to deal with the challenges that COVID-19 is posing on migratory flows.
Mobilisation of the Flexibility Instrument for 2020: migration, refugee inflows and security threats; immediate measures in the context of the COVID-19 outbreak; reinforcement of the European Public Prosecutor's Office (C9-0096/2020)
I voted in favour of this draft amending budget which includes additional increase of commitment for an amount of EUR 3 000.0 million to cover the re-activation of the Emergency Support Instrument within the Union (ESI). This financial support will help Member States tackle the consequences of the COVID-19 outbreak and to coordinate the essential resources distributed across Europe.
Mobilisation of the Contingency Margin in 2020: providing emergency assistance to Member States and further reinforcing the Union Civil Protection Mechanism/rescEU in response to the COVID-19 outbreak
Specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak
. ‒ The effect of COVID-19 on the European economy requires an effective response. The EU needs to go beyond what is already available and provide additional flexibility to respond to the current unprecedented situation. For this reason I voted in favour of this urgent procedure which proposes to allow for ERDF support to be provided in difficult circumstances such as these.
Introduction of specific measures for addressing the COVID-19 crisis
I voted in favour of the Commission Proposal to adapt FEAD as swiftly as possible to address the current coronavirus crisis. We must continue supporting vulnerable citizens by providing alternative ways of distributing food and providing basic material assistance, such as clothes and hygiene products, in electronic form.
Specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector
I voted in favour of the Commission’s measures to mitigate the socio-economic impact of the coronavirus in the fishery and aquaculture sectors, by providing specific assistance to fishermen till December 2020. Strong measures in a time of crisis are crucial to show EU citizens that the EU can act responsibly and fast in times of crisis.
Medical devices (C9-0098/2020)
This new Regulation for medical devices greatly improves transparency, traceability and patient safety. However, due to the COVID-19 crisis, all efforts of the medical device industry should be focused on manufacturing and distributing much needed devices, including face masks, ventilators and testing kits. The production of essential medical devices during the COVID-19 crisis should be prioritised, and therefore I voted in favour of this request.
EU coordinated action to combat the COVID-19 pandemic and its consequences
I voted in favour of this JMR, which calls on the Commission to strengthen all crisis management components and disaster responses whilst increasing its financial support capacity to assist Member States during this time. The EU economy should be strengthened to fight against financial shocks and ensure that SMEs and workers do not suffer losses.
Genetically modified soybean MON 87708 × MON 89788 × A5547-127 (B9-0121/2020)
This soybean contains genes conferring resistance to three herbicides (glyphosate, dicamba and glufosinate). Glufosinate is classified as toxic to reproduction and thus meets the EU’s exclusion criteria. I voted in favour of this objection because I believe that herbicide—resistant GMOs should not be authorised, as they encourage an increase in the use of these herbicides without taking into account the health and environmental implications.
2018 discharge: Fuel Cells and Hydrogen 2 Joint Undertaking (A9-0030/2020 - Joachim Stanisław Brudziński)
One of the main objectives and added value of the Joint Undertakings is to leverage contributions from private industry and research in the area of its activities. FCH2 supported demonstration activities concerning over 1 900 light duty vehicles, 45 buses operational in 10 cities and the deployment of fuel cell electric buses progressed a lot. I voted in favour of this discharge since FCH has shown progress over these past years.
2018 discharge: Clean Sky 2 Joint Undertaking (A9-0032/2020 - Ryszard Antoni Legutko)
I welcome the contribution made by the Undertaking to the increased efficiency of the aviation sector especially in ensuring net accelerations in green technologies that aim to reduce CO2, gas emissions and noise levels produced by aircrafts. I voted in favour of this discharge because CLEAN SKY has made great advancements in its mission to reduce CO2 emissions on flights.
2018 discharge: Bio-based Industries Joint Undertaking (A9-0034/2020 - Ryszard Antoni Legutko)
Discharge 2018: Innovative Medicines Initiative 2 Joint Undertaking (A9-0046/2020 - Ryszard Antoni Legutko)
Discharge 2018: Shift2Rail Joint Undertaking (A9-0055/2020 - Joachim Stanisław Brudziński)
Discharge 2018: European Environment Agency (A9-0064/2020 - Ryszard Czarnecki)
Discharge 2018: European Union Agency for Railways (A9-0061/2020 - Ryszard Czarnecki)
I voted in favour of granting discharge to the European Union Agency for Railways, following the European Court of Auditors’ report which noted that the agency had a satisfactory level of achievement of its targets, especially in achieving full completion of the activities after the implementation of the Fourth Railway Package.
Discharge 2018: European Maritime Safety Agency (A9-0066/2020 - Ryszard Czarnecki)
Discharge 2018: European Union Aviation Safety Agency (A9-0074/2020 - Ryszard Antoni Legutko)
During 2018, the agency has contributed to developing smart standards on noise and CO2 emissions and its responsibility for the environmental certification of aeronautical products, parts and appliances. I believe that with further resources the agency can play a leading role in developing and implementing measures to improve the sustainability of aviation. On the basis of this improvement I voted in favour of this discharge
Discharge 2018: EU general budget - European Parliament (A9-0021/2020 - Maria Grapini)
Discharge 2018: EU general budget - Court of Justice of the European Union (A9-0027/2020 - Tomáš Zdechovský)
Discharge 2018: EU general budget - European Ombudsman (A9-0028/2020 - Tomáš Zdechovský)
I voted in favour of granting discharge to the European Ombudsman following the European Court of Auditors’ assessment, which found that this Agency had no significant weaknesses in several audited topics such as human resources. However, it noted overestimates of budget appropriations resulting in unused funds.
Discharge 2018: EU general budget - Court of Auditors (A9-0031/2020 - Tomáš Zdechovský)
Discharge 2018: European Agency for Safety and Health at Work (A9-0033/2020 - Joachim Stanisław Brudziński)
Discharge 2018: Translation Centre for the Bodies of the European Union (A9-0035/2020 - Joachim Stanisław Brudziński)
Discharge 2018: EU general budget - European Council and Council (A9-0038/2020 - Tomáš Zdechovský)
Discharge 2018: European Union Agency for Network and Information Security (ENISA) (A9-0039/2020 - Ryszard Czarnecki)
Discharge 2018: European Centre for the Development of Vocational Training (A9-0040/2020 - Joachim Stanisław Brudziński)
I voted against the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2018 because this report includes a notion to merge this agency’s work. I am of the opinion that sharing resources with another agency will not allow CEDEFOP to continue its valuable work.
Discharge 2018: European Fisheries Control Agency (A9-0041/2020 - Ryszard Czarnecki)
Discharge 2018: EU general budget - European External Action Service (A9-0043/2020 - Tomáš Zdechovský)
The European External Action Service has a central role in conducting the Union’s foreign policy. This report stresses the importance of the EEAS Strategic Communication Task Force to fight propaganda and to expose disinformation and malicious foreign influence and emphasises the need to strengthen the Union’s credibility among partners. For the way they conducted their work, I voted in favour of granting discharge to the EEAS for 2018.
Discharge 2018: SESAR Joint Undertaking (A9-0044/2020 - Joachim Stanisław Brudziński)
Discharge 2018: European Training Foundation (A9-0047/2020 - Joachim Stanisław Brudziński)
The European Training Foundation has been praised by the European Court of Auditors for its work in the area of digital skills and competences, and in supporting countries to improve their qualifications and qualifications systems. I voted in favour of granting its discharge based on the European Court of Auditors report which noted positive budgetary efforts during the financial year 2018.
Discharge 2018: Eurojust (A9-0048/2020 - Ryszard Czarnecki)
Discharge 2018: European Joint Undertaking for ITER and the Development of Fusion Energy (A9-0049/2020 - Ryszard Antoni Legutko)
Discharge 2018: Agency for Support for BEREC (BEREC Office) (A9-0050/2020 - Ryszard Czarnecki)
Discharge 2018: European Foundation for the Improvement of Living and Working Conditions (A9-0051/2020 - Joachim Stanisław Brudziński)
Discharge 2018: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) (A9-0053/2020 - Ryszard Antoni Legutko)
Discharge 2018: European Institute of Innovation and Technology (A9-0054/2020 - Ryszard Antoni Legutko)
The final budget of the European Institute of Innovation and Technology for the financial year 2018 was EUR 458 057 031.54, representing an increase of 35.33% compared to 2017, mainly due to the increasing importance of Knowledge and Innovation Communities (KICs), in particular those on EIT Health, EIT Raw Materials and EIT Food, in their education, innovation and business creation activities. For these reasons, I voted in favour of granting this discharge.
Discharge 2018: Euratom Supply Agency (A9-0056/2020 - Ryszard Czarnecki)
I voted in favour of granting discharge to the Euratom Supply Agency for the financial year 2018 based on the Court of Auditors’ report which found reasonable assurances that the Agency’s annual accounts were reliable and that internal issues such as gender balance and increased transparency were being implemented by the Agency.
Discharge 2018: eighth, ninth, tenth and eleventh European Development Funds (A9-0057/2020 - Michèle Rivasi)
According to the European Court of Auditors, the 2018 EDF accounts present fairly the financial position of the EDFs, the result of their operations, their cash flow and changes in net assets and this is why I voted in favour of this discharge. However, I voted against certain individual amendments that did not take into account the complexity of the migration challenge.
Discharge 2018: European Banking Authority (A9-0060/2020 - Ryszard Czarnecki)
The Authority has the role of promoting a common supervisory regime across the European financial system. I voted in favour of granting discharge to EBA during 2018 based on the European Court of Auditor’s approval, however it should be noted that the financial system has a responsibility to meet sustainability challenges as well.
Discharge 2018: European Union Agency for Law Enforcement Training (CEPOL) (A9-0062/2020 - Ryszard Czarnecki)
Discharge 2018: European Centre for Disease Prevention and Control (A9-0065/2020 - Joachim Stanisław Brudziński)
The role of ECDC has become more important in the context of climate change, as the breeding grounds for various pathogens are changing and diseases are spreading to areas which have not been affected by them before. I voted in favour of granting discharge for ECDC’s work during 2018, based on the European Court of Auditor’s recommendation.
Discharge 2018: European Food Safety Authority (A9-0068/2020 - Ryszard Czarnecki)
The EFSA contributes to the safety of the Union food chain and in 2018, 788 questions were finalised through scientific opinions, technical reports and supporting publications. I voted in favour of the financial records for the European Food Safety Agency, following its positive financial records during the year 2018.
Discharge 2018: European Union Agency for Fundamental Rights (A9-0070/2020 - Ryszard Czarnecki)
I voted against the discharge for 2018 for FRA given that amendments that call on the Commission to conduct a feasibility study in order to assess the possibility of setting up shared synergies or merging with the European Institute for Gender Equality (EIGE) where approved. I don’t believe that such a merger would be beneficial to the Fundamental Rights Agency.
Discharge 2018: European Border and Coast Guard Agency (A9-0072/2020 - Joachim Stanisław Brudziński)
Discharge 2018: European Union Agency for Law Enforcement Cooperation (Europol) (A9-0075/2020 - Ryszard Czarnecki)
I voted against granting discharge for the EU’s law enforcement agency, since an amendment that asks that CEPOL transfers its headquarters to EUROPOL’s headquarters, sharing corporate and support services, common premises and shared telecommunications got through and I don’t think that such a merger would be beneficial.
2018 discharge: Performance, financial management and control of EU agencies (A9-0079/2020 - Ryszard Czarnecki)
. – The EU agencies have significant influence on policy, decision making and programme implementation in areas of vital importance to European citizens however this report stresses that there are several areas for improvement. I voted in favour of this discharge since this report is very positive stating that the agencies have fulfilled their tasks with a high added-value and value-for-money, and that their work has been relevant and useful for their stakeholders
Temporary measures concerning the general meetings of European companies (SE) and of European Cooperative Societies (SCE)
As things stand today, European companies and cooperative societies have the obligation to hold general meetings within 6 months of the end of their financial year. I voted in favour of this report which will now allow European Companies and Cooperative Societies to hold their meetings until 31st December 2020, given the COVID-19 restrictions.
Parliament's estimates of revenue and expenditure for the financial year 2021 (A9-0102/2020 - Olivier Chastel)
According to this report, the European Parliament budget needs for the year 2021 is estimated at EUR 2.090.467.628, which represents an increase of 2,54% compared to the current budget. I voted in favour of this report which aims to show the rationale behind the main trends of these estimates and also includes a number of different proposals to limit the expenses including proposals related to have a single seat for the European Parliament which is resulting in extra expenses and also useless CO2 emissions due to the move every month.
New MFF, own resources and Recovery plan
. – I voted in favour of this resolution because the Commission needs to submit a proposal for an MFF contingency plan by 15 June 2020. The aim for having this plan is to provide a safety net for citizens, regions, cities, farmers and businesses which benefit from EU programmes, and rule out any risk of the current MFF and programmes being discontinued. Moreover this resolution calls for a recovery plan which is financed properly with money that goes above and beyond the current MFF.
Macro-financial assistance to enlargement and neighbourhood partners in the context of the Covid-19 pandemic crisis
. ‒ This proposal forms part of the EU’s global response to the COVID-19 pandemic under the Team Europe banner. The amount proposed totals EUR 3 billion to those partners facing a balance-of-payments crisis. I voted in favour of mobilising these loans so as to send a message of support during this pandemic to EU partners in the region.
Temporary measures concerning the operation of air services
. ‒ I voted in favour of a number of temporary measures to allow national authorities to better address the negative consequences of COVID-19. These amendments include changes to the air carrier licensing rules in case of financial problems, simplification of the procedures applying to the imposition of traffic rights restrictions, the allocation of more efficient awarding of ground-handling contracts and a prolongation until 31 December 2021 of ground-handling contracts.
Temporary measures concerning the validity of certificates and licences (omnibus)
. ‒ I voted in favour of this regulation which lays down temporary measures applicable to the renewal of the period of validity of certain certificates, licences, authorisations and the postponement of certain periodic checks and training in the area of road, rail and inland waterways transport and maritime security in response to COVID-19.
Port infrastructure charges
. ‒ I voted in favour of this report allowing the possibility for the managing body of the port or the competent authority to not levy or to suspend or to reduce the port infrastructure charge or to defer a payment of the port infrastructure charge due for the period from 1 March 2020 to 31 December 2020 due to COVID-19.
Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (2019-2024) (A9-0024/2020 - Cláudia Monteiro de Aguiar)
I voted in favour of a new fisheries partnership agreement (FPA) between the European Union and Cape Verde which is compliant with the Common Fisheries Policy (CFP) Regulation, and places emphasis on sustainable fisheries and good governance in particular.The financial contribution allocated to the new protocol is EUR 750 000 per annum, split between EUR 400 000 for access to the fishing area and EUR 350 000 for the implementation of the national strategy for fisheries and the blue economy.
Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (2019-2024) (Resolution) (A9-0023/2020 - Cláudia Monteiro de Aguiar)
I voted in favour of this resolution which demonstrates a precautionary approach to fisheries management in line with the common fisheries policy in contributing to SDG’s as a priority to EU actions. The protocol will enable the European Union and the Republic of Cabo Verde to work closely on promoting sound exploitation of fisheries resources in Cabo Verde waters.
Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and Guinea-Bissau (2019-2024) (A9-0012/2020 - João Ferreira)
Protocol on the implementation of the Fisheries Partnership Agreement between São Tomé and Príncipe and the European Community (A9-0001/2020 - Nuno Melo)
The protocol, which covers a period of five years, provides fishing opportunities for Union vessels in São Tomé and Príncipe waters. It will also enable the European Union, São Tomé and Príncipe to work closely on promoting sound fisheries in their waters. This is why I voted in favour of this protocol.
EU-Swiss Confederation Agreement on the modification of Switzerland’s WTO concessions (Article XXVIII of the GATT 1994) with regard to seasoned meat (A9-0092/2020 - Jörgen Warborn)
Under this new EU-Switzerland agreement, Switzerland will increase its tariff-rate quotas on beef, including a new sub-quota for seasoned beef. This is to compensate for Swiss reclassification and tariff increases on seasoned meat. I voted in favour of giving consent to the conclusion of negotiations between the EU and Switzerland.
Request for funding for biomedical research on Myalgic Encephalomyelitis (B9-0186/2020)
. ‒ Myalgic Encephalomyelitis causes dysregulation of the immune, nervous, and energy metabolism systems. Extreme tiredness and other physical symptoms can make carrying out everyday activities difficult and can affect a patient’s mental and emotional health. This is why I voted in favour of funding for research into Myalgic Encephalomyelitis to help alleviate some of the patients’ suffering.
Mobilisation of the European Globalisation Adjustment Fund: technical assistance at the initiative of the Commission (A9-0109/2020 - Victor Negrescu)
Mobilisation of the European Union Solidarity Fund to provide assistance to Portugal, Spain, Italy and Austria (A9-0105/2020 - José Manuel Fernandes)
Draft amending budget No 3/2020: Entering the surplus of the financial year 2019 (A9-0104/2020 - Monika Hohlmeier)
Draft amending budget No 4/2020: proposal to mobilise the European Union Solidarity Fund to provide assistance to Portugal, Spain, Italy and Austria (A9-0106/2020 - Monika Hohlmeier)
Conclusion of the EU-Moldova Common Aviation Area Agreement (A9-0084/2020 - Roberts Zīle)
Amendment of the EU-Moldova Common Aviation Area Agreement (accession of Croatia) (A9-0083/20202 - Roberts Zīle)
Amendment of the EU-Morocco Euro-Mediterranean Aviation Agreement (accession of Bulgaria and Romania) (A9-0005/2020 - Sven Schulze)
. – The purpose of this Protocol is to allow Bulgaria and Romania to become a party to the Euro-Mediterranean Aviation Agreement between the European Community and the Kingdom of Morocco. I voted in favour of this Protocol because it provides the necessary technical and linguistic adaptations of the Agreement that ensue the accession of Bulgaria and Romania.
Conclusion of the EU-Jordan Euro-Mediterranean Aviation agreement (A9-0086/2020 - Andris Ameriks)
. ‒ This Agreement builds on the bilateral air transport agreements between the EU and Jordan through the establishment of the Euro-Mediterranean Aviation Agreement between the EU and Mediterranean partners. I voted in favour of this agreement because it provides for gradual market opening in terms of access to routes and capacity.
Conclusion of the EU-China Civil Aviation Safety Agreement (A9-0087/2020 - Tomasz Piotr Poręba)
. ‒ I voted in favour of this Agreement between the EU and China – an agreement which will support the European Union’s aeronautical sector by facilitating trade in aircraft and related products, allowing less costly, product-approval procedures and facilitated acceptance of certification findings. This Agreement will also provide aviation safety cooperation with China, enhancing the level of civil aviation safety and environmental compatibility.
Conclusion of the EU-Georgia Common Aviation Area Agreement (A9-0082/2020 - Andris Ameriks)
. ‒ This Agreement will extend to Georgia all the legislation and rules governing the EU single market in air transport and will establish uniform framework conditions for all aviation undertakings in the EU and Georgia. I voted in favour of this agreement because this is the way towards allowing all economic stakeholders to participate in the common aviation area on a non-discriminatory basis.
Recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (A9-0117/2020 - Kati Piri, Christophe Hansen)
I would like to see a strong deal between the EU and the United Kingdom based on the core principles of fair competition, social rights and environmental protection. I voted in favour of this report on the ongoing negotiations between both parties in the hope of having a final agreement with strong and robust governance provisions and fair competition.
Conference on the Future of Europe (B9-0170/2020, B9-0179/2020)
EU disability strategy post 2020 (B9-0123/2020)
Amending Regulations (EU) No 575/2013 and (EU) 2019/876 as regards adjustments in response to the COVID-19 pandemic (A9-0113/2020 - Jonás Fernández)
Competition policy - annual report 2019 (A9-0022/2020 - Stéphanie Yon-Courtin)
The aim of this report is to highlight the role of competition policy in globalised markets, new methods of adaptation of competition policy to the digital age and new updates to the policy following the COVID-19 pandemic. I voted in favour of this report which looks at supporting European projects of strategic interest and removing barriers in the market.
Banking Union - annual report 2019 (A9-0026/2020 - Pedro Marques)
I voted in favour of the completion of the Banking Union. However, such work must not come at the cost of the financial and economic stability of small Member States like Malta. I believe that appropriate assessments and considerations should be thoroughly undertaken so as to ensure that solutions for further progress on the Banking Union does not come at the cost of the stability of smaller Member States.
Guidelines for the 2021 Budget - Section III (A9-0110/2020 - Pierre Larrouturou)
Western Balkans, following the 2020 summit (A9-0091/2020 - Tonino Picula)
This report allows for accession talks with Albania and North Macedonia and calls on the EU to grant visa liberalisation to Kosovo and to engage with Western Balkan countries’ representatives in Joint EU initiatives. I voted in favour of this report because it calls for renewed commitment to common objectives within the Eastern Partnership.
Tourism and transport in 2020 and beyond (RC-B9-0166/2020, B9-0166/2020, B9-0175/2020, B9-0177/2020, B9-0178/2020, B9-0180/2020, B9-0182/2020, B9-0184/2020)
The aim of this report is to highlight the severe consequences that the COVID-19 crisis has had on the tourism and travel sector and to discuss measures to support the sector in the months and years to come. The tourism and travel sector is a major economic player in the EU economy, directly and indirectly employing 27 million people in Europe. I voted in favour of this report because we must make sure that countries like Malta, which are heavily dependent on both of these sectors, are given the necessary assistance to get back on their feet.
Administrative cooperation in the field of taxation: deferring certain time limits due to the COVID-19 pandemic (C9-0134/2020)
I voted in favour of this report, which outlines a deferral of certain deadlines for the filing and exchanging of information under administrative cooperation in the field of taxation. These requests for deferral pertain to automatic exchanges of information on financial accounts of which the beneficiaries are tax resident in another Member State.
The PRC national security law for Hong Kong and the need for the EU to defend Hong Kong's high degree of autonomy (RC-B9-0169/2020, B9-0169/2020, B9-0171/2020, B9-0173/2020, B9-0174/2020, B9-0176/2020, B9-0181/2020, B9-0193/2020)
Following the introduction of a new national security law for Hong Kong, limiting the freedom and autonomy of Hong Kong and its citizens, this report seeks to encourage the EU to use its leverage to address this situation. I voted in favour of this report because we must protect the civil rights, political rights and press freedom of citizens.
Situation in the Schengen area following the Covid-19 outbreak (B9-0165/2020)
Several EU Member States have reintroduced internal border controls or have closed such borders to certain types of travellers, including EU citizens and their families. I voted in favour of this report which highlights the importance of enhancing mutual trust between Member States and to ensure that the Union’s legislative tools provide for a truly European governance of the Schengen area, which would allow for an effective European coordinated response to challenges such as the COVID-19 pandemic.
European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (B9-0172/2020)
Amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative (A9-0111/2020 - Younous Omarjee)
The YEI, which is part of the Youth Guarantee, supports young people who are not in education, employment or training (NEETs), including the long-term unemployed and those not registered as job-seekers. I believe in giving such employment opportunities to European Youth particularly post-COVID-19 and therefore I voted in favour of increased resources for YEI.
Amending Regulation (EU) 2017/2454 as regards the dates of application due to the outbreak of the COVID-19 crisis (A9-0123/2020 - Luděk Niedermayer)
I voted in favour of the delay in implementation of two VAT directive related to e-commerce by 6 months to take into account the impact of lockdown in most European countries. These rules would then apply as of 1 July 2021 instead of 1 January 2021. Given the current post-COVID-19 circumstances, not all EU Member States are in a position to apply these new e-commerce rules correctly at the same time, thus making it impossible to switch to a new system while some Member States remain out of it.
International and domestic parental abduction of EU children in Japan (B9-0205/2020)
The rights of persons with intellectual disabilities in the COVID-19 crisis (B9-0204/2020)
I have always believed in ensuring that persons with disabilities can live independently, and this is why I voted in favour of this resolution. It raises concerns over the rights of persons with intellectual disabilities and their families during the COVID-19 crisis and calls on the EU to ensure that measures taken during the COVID-19 and its aftermath are compatible with the UN Convention on the Rights of Persons with Disabilities.
Ειδικοί κανόνες για την απόσπαση οδηγών στον τομέα των οδικών μεταφορών και απαιτήσεις επιβολής (A9-0114/2020 - Kateřina Konečná) (A9-0114/2020 - Kateřina Konečná)
I support the upgrading and modernisation of the European mobility sector.Decent conditions for workers must be a priority in a Union that prides itself on its respect of fundamental rights. For this reason, precarious employment should be addressed relentlessly by means of inclusive dialogue and legislation.Abusive practices in the mobility sector have indeed become common practice, undermining the efforts to achieve a level playing field for all European operators. These practices go against the fundamental principles of the single market.As much as I can agree with the positive elements of the Mobility Package, I cannot support it. I decided to join like—minded Member States in opposing the package as, notwithstanding the aims, the means do not create the level playing field sought. The—one—size—fits all approach adopted by these reports directly impinges on the activities of operators hailing from island states, with dire consequences on their import—dependent economies. The disruption of traditional import logistics can have national security implications. Nowhere is this truer than in my country. It is in light of these considerations that I could not support this vote.
Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs (A9-0115/2020 - Henna Virkkunen)
. ‒ I support the upgrading and modernisation of the European mobility sector. Decent conditions for workers must be a priority in a Union that prides itself on its respect for fundamental rights. For this reason, precarious employment should be addressed relentlessly by means of inclusive dialogue and legislation.Abusive practices in the mobility sector have indeed become common practice, undermining the efforts on achieving a level playing field for all European operators. These practices go against the fundamental principles of the single market.As much as I can agree with the positive elements of the mobility package, I cannot support it. Notwithstanding the aims, the means do not create a level playing field. The one-size-fits-all approach adopted by these reports directly impinges on the activities of operators hailing from island states, with dire consequences for their import-dependent economies. The disruption of traditional import logistics can have national security implications. Nowhere is this truer than in my country. It is in light of these considerations that I could not support this vote.
Adapting to development in the road transport sector (A9-0116/2020 - Ismail Ertug)
. ‒ I support the upgrading and modernisation of the European mobility sector. Decent conditions for workers must be a priority in a Union that prides itself on its respect for fundamental rights. For this reason, precarious employment should be addressed relentlessly by means of inclusive dialogue and legislation.Abusive practices in the mobility sector have indeed become common practice, undermining the efforts on achieving a level playing field for all European operators. These practices go against the fundamental principles of the single market.As much as I can agree with the positive elements of the mobility package, I cannot support it. Notwithstanding the aims, the means do not create a level playing field. The one-size-fits-all approach adopted by these reports directly impinges on the activities of operators hailing from island states, with dire consequences on their import-dependent economies. The disruption of traditional import logistics can have national security implications. Nowhere is this truer than in my country. It is in light of these considerations that I could not support this vote.
Amending Directives (EU) 2017/2455 and (EU) 2019/1995 as regards the dates of transposition and application due to the outbreak of the COVID-19 crisis (A9-0122/2020 - Ondřej Kovařík)
Given the current COVID-19 situation, I voted in favour of delaying the implementation of two VAT related rules for e-commerce by 6 months to take into account the impact of lockdown in most European countries. These rules would then apply as of 1 July 2021 instead of 1 January 2021. These new rules aim to modernise the VAT rules in the context of cross-border business to consumer e-commerce.
Financial activities of the European Investment Bank - annual report 2019 (A9-0081/2020 - David Cormand)
Control of the financial activities of the European Investment Bank - annual report 2018 (A9-0118/2020 - Bas Eickhout)
This report strongly highlights the role of the EIB in financing the Green Deal and for contributing to the implementation of the Paris Agreement. I voted in favour of this report because I believe that investments dedicated to environmental protection and climate-related issues must be at the forefront of change.
Protection of the European Union's financial interests - combating fraud - annual report 2018 (A9-0103/2020 - Joachim Kuhs)
Guidelines for the employment policies of the Member States (A9-0124/2020 -José Gusmão)
As part of the Member States’ role in promoting employment as a common concern, employment guidelines were drafted to help integrate the four dimensions of the Annual Strategy for Sustainable Growth (ASGS) and, in particular, the dimension of environmental sustainability and just transition, taking the UN Sustainable Development Goals (SDGs) into account. Given the current situation, I voted in favour of this report which highlights key progressive proposals in order to ensure a democratic, inclusive and socially just recovery.
Draft amending budget no 5 to the general budget 2020 Continuation of the support to refugees and host communities in response to the Syria crisis in Jordan, Lebanon and Turkey (A9-0127/2020 - Monika Hohlmeier)
Mobilisation of the Contingency Margin in 2020: continuation of humanitarian support to refugees in Turkey (A9-0125/2020 - Monika Hohlmeier)
Objection pursuant to Rule 112(2) and (3): Certain uses of chromium trioxide (B9-0202/2020)
Objection pursuant to Rule 112(2) and (3): Active substances, including flumioxazine (B9-0203/2020)
Flumioxazine has been identified as a harmonised classification of toxic for reproduction category, that means that it is very toxic to aquatic life and very toxic to aquatic life with long-lasting effects. The decision to extend the approval period for flumioxazine again is not in line with the safety criteria and isn’t based on evidence that this substance can safely be used. For this reason, I voted in favour of this objection.
A comprehensive European approach to energy storage (A9-0130/2020 - Claudia Gamon)
This report calls on the Commission to develop a comprehensive strategy on energy storage in order to exploit and explore the full potential of energy storage in each Member State. It also assesses and calls to remove the current regulatory barriers for the exploitation of storage technologies, analyses the different kinds of energy storage solutions available and underlines the role of active consumers into the energy system.I voted in favour of this report because energy storage is playing an increasingly important role in bridging the gap in time between energy production and energy consumption particularly in light of 2050 net-carbon neutrality.
Revision of the guidelines for trans-European energy infrastructure (B9-0122/2020)
I voted in favour of this report which calls on the Commission to come forward with a proposal, by the end of 2020 at the latest, for a revision of the TEN-E guidelines. In my vote I voted against having gas as the main focus of the TEN-E regulation since it is a fossil fuel. However, energy storage solutions involving hydrogen and carbon capture technologies as well as infrastructure that is hydrogen-ready should be included. My vote reflected this.
Chemicals strategy for sustainability (B9-0222/2020)
In ensuring that all uses of chemicals, materials and products are safe, it is essential not only to protect human health, achieve a toxic-free environment and protect biodiversity, but also to achieve a climate-neutral economy. I voted in favour of this resolution which calls on the Commission to establish a chemicals strategy based on these principles.
A comprehensive Union policy on preventing money laundering and terrorist financing – Commission's Action plan and other recent developments (B9-0207/2020)
I fully support many of the measures proposed in this resolution and believe they would serve to give renewed impetus to ongoing efforts to eliminate money laundering and terrorism financing, much of which happens across borders.At a time when governments are struggling to mount full-scale recovery programmes in the wake of the coronavirus pandemic, the war against criminals who siphon off funds that rightly belong to the community as a whole must be intensified.However, I have had to abstain on this resolution on two counts.First, it contains proposals that directly, or by implication, fail to fully satisfy the balance that should be maintained between what devolves on central EU institutional and on national – in part sovereign – competences. When such a balance is not maintained, EU programmes are likely to fail.Second, it seems to endorse a perspective on my country Malta that, to a large extent, reflects a one-sided partisan and distorted assessment of the political, economic and professional situation there.The time has come to ensure that our resolutions in this House are no longer guided by not-so-hidden agendas that end up obscuring the aims which we seek to achieve.
The EU’s role in protecting and restoring the world’s forests (A9-0143/2020 - Stanislav Polčák)
. – This report calls on the Commission to present an impact assessed proposal for a European legal framework to ensure sustainable and deforestation-free supply chains for products and commodities placed on the EU market. When discussing climate change mitigation, forests play a very crucial role and we must seek the protection of biodiversity and the sustainable management of forests globally. I voted in favour of this report based on the belief that we must halt deforestation, land conversion and manage food production sustainably.
EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa (A9-0129/2020 - Javier Nart)
. – The scope of this report covers the security cooperation between the EU and Africa, with a specific focus on the regions of Sahel, West Africa and the Horn of Africa.This report reflects on the impact, but also on the mandate and means, of the CSDP missions present in these regions as well as on the future EU financing instruments. I believe in a genuine EU-Africa partnership, equal-to-equal, with the aim of facing common challenges and achieve mutual goals together and this is why I voted in favour of this report.
Amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (A9-0148/2020 - Nikos Androulakis)
. – During the COVID-19 pandemic the Union Civil Protection Mecchanism enabled among other things the repatriation flights of European citizens and the creation of a strategic rescue stockpile of medical equipment such as ventilators and protective masks. With this new proposal, the UCPM will be strengthened further to ensure that the EU and its Member States are better prepared to respond to large scale emergencies such as the COVID-19 pandemic under the next MFF period 2021-2027. For this reason I voted in favour of this report.
Global data collection system for ship fuel oil consumption data (A9-0144/2020 - Jutta Paulus)
. – I support many of the measures proposed in this resolution and believe they would serve as a good basis for global shipping emissions. I am also in favour of including maritime in the ETS as long as we ensure flag neutrality. However I had to abstain on this report because of a specific amendment about ETS which did not take into account the issue of flag neutrality and hence puts my country, Malta, at a disadvantage. This amendment was approved and included in the final report whereas the amendment ensuring flag neutrality was not.
Draft Council decision on the system of own resources of the European Union (A9-0146/2020 - José Manuel Fernandes, Valerie Hayer)
. – Following the COVID-19 situation, having a discussion on the EU's objectives and priorities is extremely important. However, certain proposals in this text, ignored the economic consequences that these would have on Member States. I cannot agree with Union-wide tax measures, for example, targeting particular sectors and effecting the smallest Member States, such as Malta. For this reason, I voted against the Resolution.
Implementation of the EU Association Agreement with Georgia (A9-0136/2020 - Sven Mikser)
. – Over the years, Georgia has progressed with the necessary reforms and maintained its ambitions to continue deepening EU-Georgia relations. In its fight against COVID-19, Georgia was one of the few non-EU countries whose citizens could already travel to EU Member States in summer 2020. However there are some areas which still require further efforts, such as continued judiciary reform, upholding the highest standards of ethics and the integrity in the judiciary. I voted in favour of this report.
Type approval of motor vehicles (Real Driving Emissions) (A9-0139/2020 - Esther de Lange)
. – I voted in favour of this report, that I worked on as S&D shadow rapporteur because thanks to a progressive allaince we managed to ensure that this regulation is more ambitious than the Commission proposal to ensure that scandals like Dieselgate hopefully do not happen again. Conformity Factors has to be phased out by September 2022 because we can’t have loopholes that result in cars emitting on our roads much more than they show they are emitting on paper. This is not acceptable as ultimately the greatest burden will be carried by none other than our citizens.
Just Transition Fund (A9-0135/2020 - Manolis Kefalogiannis)
. – The Just Transition Fund is the first pillar withint the European Green Deal - an instrument that will help ensure that nobody is left behind as technologies evolve towards greener economies. A total of 17.5billion euros will be invested in making sure that nobody is left behind in the transition towards a carbon neutral Europe. For this reason I voted in favour of this report.
Arms export: implementation of Common Position 2008/944/CFSP (A9-0137/2020 - Hannah Neumann)
. – I am committed to ensure that weapons produced in the EU are not exported to regimes that violate human rights. This report reiterates the call for an EU arms embargo on states that violate this, including Saudi Arabia and Turkey but we need to do more. We need a sanctions mecchanism that allows for enforcement but unfortunately this amendment was defeated by the right-wing political groups. I voted in favour of this report because I want the EU to be a global actor for peace and global disarmament.
Determination of a clear risk of a serious breach by the Republic of Poland of the rule of law
. – The rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7. I voted in favour of this report because I stand with the people of Poland and ask the Commission to urgently widen the scope of the Article 7, which is at present restricted to the rule of law, to other basic values of the Union, especially democracy and respect for human rights.
Strategic approach to pharmaceuticals in the environment
. – This strategic approach assists Member States to address the possible environmental impacts of pharmaceutical substances, with a view to reducing discharges, emissions and losses of such substances into the aquatic environment, taking into account public health needs and the cost-effectiveness of the measures proposed. The EU and national governments need to do more to address such environmental harm and therefore I voted in favour of this report.
Maximising the energy efficiency potential of the EU building stock
. – This report contains recommendations towards the Renovation wave initiative which the European Commission plans to launch in October 2020. I voted in favour of this report because it stresses the importance of housing affordability, meaning that new renovations towards energy efficient buildings should not lead to unbearable cost burdens for tenants and must be reasonably priced.
Implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe
. – I voted in favour of this resolution which calls on the Commission to present a directive for the equality and integration of Romani people in Europe after 2020, and should include a plan to eliminate housing, health, employment and education inequalities, as well as specific binding objectives to improve inclusion.
Preparation of the Special European Council, focusing on the dangerous escalation and the role of Turkey in the Eastern-Mediterranean
. – I would like to reiterate the call on Turkey to fully respect the Exclusive Economic Zones and the sovereign rights of EU Member States including the rights on exploration of natural resources. I voted in favour of this report which condemns Turkey’s illegal drilling and military interventions in the Eastern Mediterranean and calls for action by relevant authorities.
Situation in Belarus
Situation in Russia, the poisoning of Alexei Navalny
Sustainable rail market in view of COVID-19 outbreak
. – This report will allow the waiver, reduction or deferral of track access charges for the use of rail infrastructure, as well as the waiver of reservation charges. I voted in favour of this report because it will allow national authorities and rail stakeholders to deal more easily to the Covid-19 negative consequences.
Draft amending budget no 8: Increase of payment appropriations for the Emergency Support Instrument to finance the COVID-19 vaccines strategy and for the impact of the Corona Response Investment Initiative Plus (C9-0290/2020 - Monika Hohlmeier)
. – COVID19 has had long-term effects on the well-being of people around the world. It is necessary to prepare the financing to increase the speed and scale of manufacturing successful vaccines. Member States will have the right to buy a specific number of vaccine doses within a given timeframe and at a given price. I voted in favour of this amendment which allows the European Union to secure access to a portofolio of vaccine candidates to maximise the chance of having an effective and safe vaccine available as soon as possible.
Covid-19: EU coordination of health assessments and risk classification and the consequences on Schengen and the single market (RC-B9-0257/2020)
. – During the summer, Member States issued uncoordinated restrictions to the freedom of movement of people within the EU, related to the COVID-19 health crisis, seriously fragmenting the internal market. Harmonised measures and a strategic plan for long-term tools are needed and which is why I voted in favour of this report.
The importance of urban and green infrastructure - European Year of Greener Cities 2022 (B9-0243/2020)
. – Greener cities can help to achieve the goals set out in the Paris agreement, in strengthening the EU’s resilience and the ability to adapt to climate change. I voted in favour of this report because it highlights the importance of Greener Cities and calls for plans of investment to be made towards them.
The Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (A9-0170/2020 - Michal Šimečka)
The EU Mechanism on Democracy can serve as an effective tool that would be based on an objective, impartial and evidence whilst ensuring that the Annual Rule of Law Report is a preventive tool. I voted in favour of this mechanism because the EU needs an objective framework rather than ends up depending on the whims of those who might be critical of a government because of their partisan agenda.
Implementation of the common commercial policy – annual report 2018 (A9-0160/2020 - Jörgen Warborn)
This report provides an update on the implementation of 35 major trade agreements with 62 partners, including the first full year report on the EU-Canada Comprehensive Economic and Trade Agreement. My main priorities under trade agreements will continue to be human rights, streamlining the European Green Deal, the Paris Agreement as an essential clause, and calling for a gender chapter in all trade and investment agreements. Because of this I voted in favour of this report.
European Climate Law (A9-0162/2020 - Jytte Guteland)
With the approval of the 60% reduction of CO2 by 2030, the European Parliament has proven it is ready to negotiate with the EU Commission and member states to pave together a sustainable path to eventually reach carbon neutrality by 2050. Only together, by taking bold decisions, can we arrive at a situation where the European Union as a whole has net-zero greenhouse gas emissions. We have worked to set a new climate target for 2040 in order to give citizens, industries and member states a clearer idea of the direction we want to take. I voted in favour of this report because of its strong position to make sure that the EU could rely on an ambitious, progressive and realistic Climate Law where no one would feel left behind.
Equivalence of field inspections carried out on cereal seed-producing crops and equivalence of cereal seed produced in Ukraine (A9-0164/2020 - Veronika Vrecionová)
Objection pursuant to Rule 112(2) and (3) and (4)(c): Specifications for titanium dioxide (E 171) (B9-0308/2020)
Titanium dioxide (E 171) is mainly used in food products which are particularly popular with children, such as chewing gum, candies, chocolates, and ice cream, and this raises concerns as to potential health risks. Scientific opinions have already pointed to a lack of data hindering the full risk assessment and despite this, the Commission, instead of proposing to phase out its use, it presented a draft regulation allowing titanium dioxide to be legally placed on the market. Because of this, I voted in favour of this objection.
Objection pursuant to Rule 112(2) and (3) and (4)(c) : Maximum levels of acrylamide in certain foodstuffs for infants and young children (B9-0311/2020)
Studies show that acrylamide is toxic if swallowed, may cause genetic defects, may cause cancer, causes damage to organs through prolonged or repeated exposure, is harmful in contact with skin and others. More research is needed to understand the reasons for the high variability of acrylamide levels within food categories and to identify strategies aiming at minimising the formation of acrylamide. For this to happen, the Commission needs to revise its decision to allow Acrylamide on the EU market and for this I voted in favour of this objection.
The European Forest Strategy - The Way Forward (A9-0154/2020 - Petri Sarvamaa)
Achieving climate neutral economy by 2050 requires that we move away from business as usual. This report is about setting the course for how we treat and manage our forests for the upcoming years. It is not acceptable to allow the continuation of mismanagement of our forests, often beyond repair when reform is already years overdue. For this reason, I voted in favour of this report.
Application of railway safety and interoperability rules within the Channel tunnel (C9-0212/2020)
Decision empowering France to conclude an international agreement concerning the Channel tunnel (C9-0211/2020)
This Decision seeks to ensure the safe and efficient operation of the Channel Fixed Link, the guarantee that the Intergovernmental Commission will remain the single safety authority and will continue to apply the Union rules on railway safety but above all to ensure that when disputes raise questions related to the interpretation of Union law, the arbitral should refer the matter to the Court of Justice. I voted in favour of this report
The rule of law and fundamental rights in Bulgaria (B9-0309/2020)
This resolution sheds a light on the deteriorating state of the rule of law, fundamental rights and corruption in Bulgaria. I voted against the amendments put forward by the EPP group which water down the resolution as a whole simply because the government of Bulgaria is part of their own political family. I voted in favour of the resolution because I believe in equally assessing the situation of rule of law in each European member state whatever the political group of the government in question.
Digital Finance: emerging risks in crypto-assets - regulatory and supervisory challenges in the area of financial services, institutions and markets (A9-0161/2020 - Ondřej Kovařík)
Digital Finance usually refers to the use of new technologies by the financial services industry. Technological innovation presents key opportunities for citizens to access basic financial services and conduct payments more easily, while it can also be an effective tool for European SMEs to access finance. But the potential of digital finance can only be achieved through a tailored and updated regulatory and supervisory framework that fosters trust from all operators and citizens. I would like to see strong regulations that guarantee financial stability with protection of investors and consumers and appropriate oversight of technological operators - for the protection of privacy, personal data, and adequate standards against cyber attacks. Because of this I voted in favour of this report.
Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation (A9-0155/2020 - Isabel Benjumea Benjumea)
Capital Markets Union is a plan to create a single market for capital. It aims at getting investments and savings flowing across the EU so that it can benefit consumers, investors and companies, regardless of where they are located. I voted in favour of a Capital Markets Union with new, strong measures aimed to get rid of national options and discretions and to fulfil the potential to allocate capital efficiently in the EU.
Reinforcing the Youth Guarantee (B9-0310/2020)
The Youth Guarantee has helped millions of young people to cross the threshold to gainful employment. The economic fallout of the COVID-19 pandemic is once again creating huge obstacles for young people to find quality jobs. The danger of exploitation is again very high with too many young people trapped in a vicious circle of unpaid traineeships, precarious work or unemployment. The practice of unpaid internships is a form of labour exploitation and a violation of young people's rights. I voted in favour of the Youth Guarantee in support of strengthened investment for it under the MFF 2021-2027.
Written questions (18)
Operation Sophia
Development of a unified EU brain health strategy
Medical cannabis
Diabetes
Human papillomavirus
Coronavirus
Persons with Disabilities
Emergency eurobonds
Helping small Member States buy medical equipment during COVID-19
Rare diseases and employability
Flight cancellations and refunds
Antimicrobial resistance
Freelance interpreters
The need to protect travel agents
Disabilities casued by surgical mesh procedures
Disability focal points
Disability focal points
Shortage of medical cannabis in the EU
Amendments (2098)
Amendment 431 #
2020/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the potential of automotive electrification which should be encouraged through the use of renewable electricity, green hydrogen, smart charging and supporting research on batteries;
Amendment 8 #
2020/2071(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties and the European Charter of Fundamental Rights state that everyone shall have access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices; whereas this right should be enforced for all citizens, including those living in the smaller Member States and in the most peripheral areas of the Union;
Amendment 10 #
2020/2071(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas uncoordinated initiatives at national level, such as stockpiling and penalties, could lead to an increased risk of medicines shortage, while a pan- European coordinated approach and a close dialogue among all actors concerned is crucial to mitigate and prevent medicines shortage, as the covid- 19 crisis has demonstrated;
Amendment 48 #
2020/2071(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls on the Commission to publish without any further delays the roadmap on EU Pharmaceutical Strategy which will identify root causes of medicine shortages; urges the Commission to propose ambitious and specific regulatory measures with an objective of making medicines available, affordable, sustainable and equally accessible; calls on the Commission to promote measures which will increase EU security of supply of medicines and reduce dependency on third countries;
Amendment 56 #
2020/2071(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to coordinate a Pan-European response, with European Medicines Agency (EMA), National Competent Authorities (NCAs), Member States, the pharmaceutical industry and all players in the pharmaceutical supply chain; a coordinated EU response is of utmost importance to coordinate Members States policy measures to individual and uncoordinated national measures to address medicines shortages root causes and prevent them in the long term as well as to ensure the right of patients to universal, equitable, affordable, effective, safe and timely access to essential medicines, as well as to guarantee the sustainability of the EU public healthcare systems;
Amendment 74 #
2020/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to preserve a competitive research-based pharmaceutical industry taking into account that EU remains by far the world leader manufacturing region of active ingredients for on patent medicines;
Amendment 90 #
2020/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the importance of ensuring the smooth functioning of the Internal Market in order to eliminate barriers to the access of medicines, medical devices and protective equipment to all citizens, especially those living in Member States that, due to their small size or to their remote position, heavily rely on imports and do not have easy access to the supply chain;
Amendment 93 #
2020/2071(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Whereas the coronavirus pandemic has highlighted Europe’s dependency on third countries for the production of essential medicines and medical devices, including active pharmaceutical ingredients(APIs), calls on the Commission to provide adequate financial resources under Horizon Europe and other EU programs to strengthen Union’s R&I activities supporting manufacturing in key industrial sectors, such as the pharmaceutical industry; calls on the Commission to reduce the R&I divide within the Union by ensuring broad geographical coverage and participation of low R&I performing Member States in collaborative projects; underlines that Horizon Europe and other EU programs need to support rare diseases through increased research, clinical trials, best practices sharing, and medication development; insists that research, best practices, clinical trials, and medication pertaining to rare diseases be made accessible for the benefit of citizens of all the Member States;
Amendment 107 #
2020/2071(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Having regard to the European Strategy for Data and the digital transformation of healthcare, urges the Commission to promote implementation of interoperable technologies in the Member State’s health sector which will facilitate delivery of innovative health solutions to patients; encourages the creation of a fully operational European Health Data Space with a governance framework which fosters creation of an innovative data-driven ecosystem and which encourages sharing of information and critical data across the Union; asks the Commission to promote next generation standards, tools and infrastructure to store and process data suitable for research and the development of innovative products and services, while ensuring processing of patients personal data is in compliance with European data protection framework;
Amendment 109 #
2020/2071(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that ensuring a fit for purpose regulatory environment is a key element to protect public health, provide access to high quality medicines and contribute to the prevention of shortages. The adequate use of Information Technology systems will improve regulatory efficiency across Europe; therefore, the Commission should optimize the European regulatory framework by harmonising regulatory telematics projects with a focus on data quality, interoperability and interdependency;
Amendment 115 #
2020/2071(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to take stock of the impact of coronavirus on industry and SMEs and to present a renewed EU industrial strategy; considers that the industrial recovery of Europe needs to prioritize twin digital and ecological transformation of our societies and building of resilience to external shocks; stresses the importance of promoting private-public partnerships in high value-added and innovative sectors, such as the pharmaceutical industry; stresses the importance of manufacturing for jobs, growth and competitiveness;
Amendment 127 #
2020/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern market failure in several Members States where patients' access to effective and affordable medicines and medical devices remains threatened by very high and often unsustainable price levels, market withdrawal of products that are out-of- patent or a failure to introduce new products to national markets due to business strategies; recognises that access to medicines and medical devices in the Member States with smaller markets requires particular consideration in the new EU Pharmaceutical Strategy;
Amendment 137 #
2020/2071(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Taking into account that timely notification of shortage of medicines is essential for ensuring alternative treatments for patient care and for mitigating negative effects on the security of supply, calls on the Commission to introduce obligation for marketing authorization holders to notify shortage of medicines to the competent authorities at a minimum two months in advance;
Amendment 144 #
2020/2071(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission to expand its joint European response to include joint procurement actions for all developed vaccines, medication, medical equipment and medical technology; insists that this joint response be a priority post-pandemic, and be easily accessible for citizens in every Member State especially those that are particularly vulnerable from a public health and economical perspective due to their remote location or small size;
Amendment 147 #
2020/2071(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission and relevant authorities, in the mitigation of shortages of medicines, when they occur, to provide regulatory flexibility by allowing targeted measures such as more flexibility for multi-language packs, different pack size and e-leaflet, to ensure that patients are able to access high- quality and safe medicines faster;
Amendment 196 #
2020/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the geostrategic imperative that the Union regain its sovereignty and independence with regard to health care and secure its supply of medicines, vaccines, and medical equipment; proposes obligations for the Union’s pharmaceutical industry to have a diversified supply chain and a medicine shortage risk mitigation plan for managing any vulnerabilities and risks to their supply chain; stresses the importance of ensuring that all Member States especially those which are vulnerable from a public health and economic perspective due to their location or size have fair and affordable access to the supply chain;
Amendment 314 #
2020/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to address in its next pharmaceutical and industrial strategies issues relating to the availability and accessibility of medicines and manufacturers’ dependence on third countries; calls on the Commission to pay special attention to the possibility of a no- deal Brexit and the ramifications it can cause in medical trade and supply; calls on the Commission to propose ambitious and concrete actions to address these issues in its planned pharmaceutical strategy;
Amendment 386 #
2020/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that security of supply is an essential factor in combating shortages and must be used as a qualitative criterion in connection with the award of public pharmacy contracts and calls for tenderEuropean joint procurement for the supply of medicines, as recommended in Article 67 of Directive 2014/24/EU; proposes that investments in the manufacture of active ingredients and medicinal end products in the EU should also be a key criterion;
Amendment 407 #
2020/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to expand its joint European response to include joint procurement actions and procedures for all developed vaccines, medication, medical equipment and medical technology; insists that this joint response be a priority post-pandemic, and be easily accessible for citizens in every Member State especially those that are particularly vulnerable from a public health and economic perspective due to their remote location or small size;
Amendment 430 #
2020/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to create one or more European non-profit pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health care in all Union countries irrespective of economic or spatial differences; stresses the key contribution that can be made by new technologies and artificial intelligence with proper data protection safeguards in enabling European laboratory researchers to form networks and share their objectives and findings;
Amendment 452 #
2020/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the importance of research and innovation, and calls for the establishment of a genuine European network, given that the price of relocation must not be a deterioration in the quality of medical research; calls on the Commission to provide increased financial resources under Horizon Europe and other EU programmes to strengthen support for rare diseases through increased research, clinical trials, best practices sharing, and medication development; insists that best practices, clinical trials, and medication pertaining to rare diseases be available to all citizens regardless of their Member State;
Amendment 549 #
2020/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to create a European contingency reserve of medicines of strategic importance for health care, supplies of which are critical, along the lines of the ‘RescEU’ mechanism, in order to alleviate shortages outside crisis periods; insists that the use of such a reserve be transparent, accountable, and fair for all Member States;
Amendment 573 #
2020/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to adopt a joint definition of ‘medicines of strategic importance for health care’ and of ‘criticality’, emphasising the value of these medicines for public health, the lack of alternatives and the vulnerability of the production chain; calls for a European regulatory authority to be designated to carry out the task of setting quotas for the allocation of medicines from that reserve to the Member States; calls for scheduled, independent and transparent reviews from the European regulatory authority so as to make sure designated medicinal quotas are quantifiable and puts all Member States on a level playing field and not give any advantage to one Member State over another;
Amendment 592 #
2020/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to ensure the setting up of common, European medical stocks; calls on the Commission and the Member States to develop innovative and coordinated joint strategies and to step up exchanges of good practice in the area of stock management; stresses that ensuring all Member States have fair and transparent access to these stocks through joint European coordination is crucial to managing vulnerabilities and risks to the supply chain; considers that the European Medicines Agency (EMA) could be designated as the regulatory authority tasked with preventing shortages of essential medicines, with a correspondingly wider remit and more staff;
Amendment 651 #
2020/2071(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to set up an innovative centralised digital platform for sharing information provided by national agencies and all stakeholders regarding shortages of medicines and medical equipment; insists that such a digital platform be in strict compliance with the most recent data protection legislation; welcomes the introduction by the EMA of the SPOC and i-SPOC systems; calls for existing information systems to be improved so as to provide a clear overview of problems, shortages and requirements in each Member State, with a view to preventing stockpiling;
Amendment 66 #
2020/2012(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Promotes a European Agency for Artificial Intelligence, which ensures a European coordination of AI standards and regulations; this centralized agency develops common criteria for a European certificate of ethical compliance, which also takes the data used for algorithmic processes into account;
Amendment 76 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the protection of networks of interconnected AI and robotics mustis important, and strong measures must be taken to prevent security breaches, cyber- attacks and the misuse of personal data;
Amendment 91 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that AI and robotic technology are used more and more in the area of law enforcement and border control could enhance public safety and security; stresses that its use must respect the principles of proportionality and necessity; , often with adverse effects on individuals when it comes to their rights to privacy, data protection and non- discrimination; stresses that the deployment and use of these technologies must respect the principles of proportionality and necessity, the Charter of Fundamental Rights, in particular the rights to data protection, privacy and non- discrimination, as well as the relevant secondary Union law such as EU data protection rules;
Amendment 98 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that AI and robotics are not immune from making mistakes and can easily have inherent bias; notes that biases can be inherent in the underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in the real world setting; considers the need for legislators to reflect upon the complex issue of liability in the context of criminal justice.
Amendment 173 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy and a carbon border adjustment mechanism.
Amendment 180 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a frameworkthe overall legal framework that encompasses all legislations and regulations, present and future, for the irreversible and gradualpid reduction of greenhouse gas emissions and, enhancement of removals by natural or other sinks in the Union, and the overall decarbonisation of the Union all of which will contribute to the binding objective of climate neutrality in the Union by 2050 at the latest in pursuit of the long-term temperature goals set out in Article 2 of the Paris Agreement.
Amendment 202 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting a fairness and solidarity among Member States roadmap for sustainable change that is based on just transition which takes into account the starting points of Member States, the differences they will face in their transitions depending on their primary polluting industries, and differences in size or geographic locations. This roadmap shall guarantee social and economic protections, and solidarity among Member States. It shall include guidance on how the Union as a whole can achieve the 2030 emissions reduction target. It shall also include intermediary emissions targets for 2040 that are based on a transparent and quantifiable impact assessment and a strong governance framework.
Amendment 220 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation establishes an independent European Panel on Climate Change (EPCC) before 30 June 2021 as the body responsible for evaluating and making recommendations on climate change policies. The EPCC shall monitor and assess progress towards reaching the 2050 climate neutrality target for the Union and the 2030 and 2040 interim targets. The Commission shall make the advice and recommendations of the EPCC publicly available and shall present these findings to the European Parliament and the Council of Ministers within six months of the publication. It will also present all recommendations by the EPCC and an explanation of how it has taken the advice into account or a duly justified explanation of why it has not done so.
Amendment 256 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3)implementation of this Regulation.
Amendment 269 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) emission reduction, cost- effectiveness and economic efficiency;
Amendment 296 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) energy efficiency, energy affordability and security of supply and reducing energy poverty;
Amendment 315 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) fairnessthe different circumstances, economic or social in Member States, the varying starting points for each Member State, the different primary polluter industries in each Member States, the differences in size, remote location, or small island status; and solidarity and cohesion between and within Member States;
Amendment 318 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e a (new)
Article 3 – paragraph 3 – point e a (new)
(ea) a strategy for adaptation measures in different sectors, reducing the vulnerability of countries to the negative effects of climate change and benefiting from any positive effects that may result;
Amendment 323 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
(f) the need to ensure rapid environmental effectiveness and progression over time, particularly in the years between 2020-2030;
Amendment 329 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) sustainable investment needs and opportunities;
Amendment 334 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition for all individuals in all Member States irrespective of their starting point, the differences in their primary polluter industries, size, remote location or small island status; this must include assessments that take into account the employment needs, including education and training requirements, the development of the economy and the establishment of a fair and just transition;
Amendment 346 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(ja) the formulation and implementation of all EU and national climate legislation should involve social partners and other relevant civil society stakeholders in order to ensure that carbon-neutrality is achieved in a fair, inclusive and socially sustainable manner.
Amendment 363 #
2020/0036(COD)
1. The relevant Union institutions and the Member States shall ensure continuous progress as outlined in Article 2 in enhancing adaptive capacity, enhancing research and advisory capacity, strengthening resilience and reducing vulnerability to climate change, and promoting just transition in accordance with Article 7 of the Paris Agreement.
Amendment 371 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. These adaptation strategies and plans shall contain legal obligations for the EU and its Member States to ensure the necessary financing, through all feasible tools including public and private financing, to create a just transition to a climate neutral economy by 2050, at the latest.
Amendment 436 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy of relevant national measures on decarbonization, climate and action and just transition to ensure progress on adaptation as referred to in Article 4.
Amendment 451 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it mayshall issue recommendations to that Member Statebased on the advice of scientific bodies such as the IPCC and the EPCC, to Member States and further provide aid in the implementation of such measures. The Commission shall make such recommendations publicly available.
Amendment 474 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The EEA and the EPCC shall assist the Commission in the preparation of the assessment referred to in Articles 5 and 6, in accordance with its annual work programme.
Amendment 478 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Union is committed to achieving the objectives set out in Article 2 in a manner that is consistent with Regulation (EC) No. 1367/2006. The Commission shall ensure the full implementation of the Aarhus Convention and in particular its provisions regarding transparency, including public participation, information dissemination and access to justice. In this regard the Commission shall publish all assessments containing environmental information in an adequate, timely and effective manner allowing for, where relevant, public input. The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
Amendment 863 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess the consistency of any draft measure or legislative proposal in light ofwith the climate- neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) once the trajectory is established, as well as the Union carbon budget set out in Article 3a, before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoptiondirectly accessible to the public as soon as the assessment is finalised and, in any event, well before adoption of the associated measure or proposal.
Amendment 884 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999 and the CAP Strategic Plans submitted in accordance with Regulation (EU) 1305/2013 establishing rules on support for strategic plan to be drawn up by the Member States under the Common Agricultural Policy, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory to be established as referred to in Article 3(1); where the trajectory is not available, the assessment shall be made on the basis of the criteria set out in Article 3(3) and the 2030 climate targets;
Amendment 69 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptaresponsible for all. A just climate and energy transition must not leave anyone behind and should create conditions to eradicate energy poverty. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. Transition will require significant financial resources, therefore the Union budget has an important role in that regard.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 by bringing together the Union budget’s spending on climate, economic and social objectives at both national and regional level.
Amendment 78 #
2020/0006(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The green recovery should play an important role in mitigating the negative impacts of the COVID-19 crisis by creating opportunities for affected regions, industries, SMEs, and can therefore play a crucial role as post-crisis recovery plans.
Amendment 79 #
2020/0006(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Just Transition Fund should tackle energy poverty as an issue of social justice, and should compensate incomes of most vulnerable groups in countries that do not have adequate financial reserves. In defining these measures, an active participations of trade unions, civil society organizations and relevant stakeholders complementing national and regional governments is essential.
Amendment 85 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and worker, workers affected directly or indirectly and their families concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment, while creating conditions to eradicate energy poverty. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A just transition entails as well supporting those most affected by climate change. The impacts of a changing climate will strike disproportionately some regions and communities that, in the spirit of European solidarity, have to be sustained.
Amendment 108 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The establishment of the JTF should not lead to cuts to, or transfers from cohesion policy effectively reducing the fund devoted to other cohesion policy program.
Amendment 112 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely or have relied until recently heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but tIt will also be demanding for those Member States that will have to upgrade their infrastructure and whose workers will have to adapt to the transition. The distribution of itsthe JTF financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality by 2050 and the ambition in their energy and climate objectives.
Amendment 133 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. It will also be demanding for those Member States that will have to upgrade their infrastructure and whose workers will have to adapt to the transition. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
Amendment 184 #
2020/0006(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The JTF should ensure the active participation of relevant public authorities, economic and social partners, including trade unions and other relevant civil society stakeholders in the preparation and implementation of the territorial just transition plans;
Amendment 202 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing seriousdiverse socio-economic challenges deriving from the specificities of Member States in the transition process towards a climate-neutral economy of the Union by 2050.
Amendment 212 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘achievement of the EU 2030 climate objectives, as set up in the article2 of the European climate law, enabling regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’ by 2050.
Amendment 213 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling all regions and all people to have fair and equal opportunities to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’.
Amendment 238 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of thsustainable territorial just transition plans established in accordance with Article 7.
Amendment 247 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, including start-ups, leading to creation of sustainable and quality new jobs related to green economy, economic diversification and reconversion;
Amendment 249 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing diverse serious socio- economic challenges deriving from the specificities of Member States in the transition process towards a climate-neutral economy of the Union by 2050.
Amendment 252 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to economic diversification and reconversion;
Amendment 264 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling all regions and all people to have fair and equal opportunities to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’.
Amendment 264 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in sustainable research and innovation activities and fostering the transfer of advanced technologies;
Amendment 270 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, safe and sustainable energy, in order to phase out fossil fuel based one, in decarbonising the transport sector, in greenhouse gas emission reduction, energy efficiency and renewable energy;
Amendment 271 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean renewable energy, in greenhouse gas emission reduction, energy efficiency and renewable energincluding technologies that enable the integration of renewable energy, such as storage and green hydrogen and energy efficiency;
Amendment 286 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments aimed at promoting modal shift in urban areas towards more sustainable mobility modes;
Amendment 287 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) targeted energy efficiency measures to address energy poverty;
Amendment 301 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of thsustainable territorial just transition plans established in accordance with Article 7.
Amendment 312 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects, while ensuring the appropriate application of the polluter pays principle;
Amendment 316 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to economic diversification and reconversion;
Amendment 320 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the non- toxic circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
Amendment 329 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers, including self-employed, regardless of the type of employment or sector;
Amendment 336 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance and skilling to jobseekers;
Amendment 338 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in sustainable research and innovation activities and fostering the transfer of advanced sustainable zero- emission technologies;
Amendment 347 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, safe and sustainable energy, in order to phase out fossil fuel based ones, in decarbonising the transport sector, in greenhouse gas emission reduction, energy efficiency and renewable energy;
Amendment 370 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) targeted energy efficiency measures to address energy poverty;
Amendment 383 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed for the categories of regions where the territories concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme. Resources shall be allocated for sector most affected by the transition to climate neutrality.
Amendment 390 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned.
Amendment 392 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects. while ensuring the appropriate application of the polluter pays principle;
Amendment 407 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the non- toxic circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
Amendment 422 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers, including self-employed, regardless of the type of employment or sector;
Amendment 426 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, economic energy security, and environmental impacts of the transition to a climate- neutral economy; and preventing deepening of energy poverty
Amendment 511 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed for the categories of regions where the territories concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme. Resources shall be allocated for sectors most affected by the transition to climate neutrality.
Amendment 523 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned.
Amendment 35 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the lack of harmonization has a deep impact on return practices among Member States;
Amendment 126 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies, in a language the person understands;
Amendment 240 #
2019/2208(INI)
20a. Calls on the Commission and Member States to ensure the sustainability of returns by monitoring them and by funding reintegration programs in cooperation with third countries of origin.
Amendment 22 #
2019/0101(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors as they touched uponmodified an essential element of Regulation (EC) No 715/2007 by de facto amending the limits on emissions of oxides of nitrogen laid down for the Euro 6 standard referred to therein. __________________ 22Judgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T- 352/16 and T-391/16, EU:T:2018:927.
Amendment 24 #
2019/0101(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The General Court observed that the system which seeks to introduce a conformity factor, a multiplier of the limits on emissions of oxides of nitrogen laid down for the Euro 6 standard, necessarily entails the amendment of that standard itself, unlike a typical measuring system, which takes into account the performance and possible errors of the measuring equipment by making corrections to the measurements themselves, but not to the limits which must be observed. In view of the very high value of the CF, 2,1 and 1,5, the levels of emissions of NOx measured during the RDE test may be, respectively, up to more than two times greater and up to one and a half times greater than the limits on those emissions laid down for the Euro 6 standard, without a test being regarded as having been failed. The not-to-exceed values for emissions of NOx resulting from the claimed technical and statistical uncertainties do not make it possible to verify, with a reasonable degree of reliability, whether or not the limits of those emissions laid down for Euro 6 standard, are observed by a vehicle during an RDE test.
Amendment 25 #
2019/0101(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The General Court did not questioned the technical justification of the conformity factors. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the conformity factors into Regulation (EC) No 715/2007. in its ruling, in particular as regards the temporary conformity factor of 2,1 and its margin of statistical uncertainty. The Court stated that “statistical uncertainties (the risk that results may be unrepresentative as compared with overall reality) are corrected by work to ensure the representativeness of the sample or of the testing (representativeness of the test) or by the volume of testing (the number of tests), and not by stating the results may be subject to a margin of error of 60%”1a. Moreover, the Court went on to say that “RDE tests have ‘matured’ over a long period of time, since the work on those tests began in January 2011 and the Commission had the time to clarify and standardise the RDE sufficiently so that they are representative of real driving conditions on the road in order to prevent in that regard a 60% degree of uncertainty as to their results”1b. In addition, the main focus of Regulation (EU) 2016/427, which inserted Annex III A into Regulation (EC) No 692/2008, and in particular of point 4 of that annex and its 11 appendices, is to describe in very specific detail the components of an RDE test and how it is to be conducted. __________________ 1aJudgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927, paragraph 139. 1bJudgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927, paragraph 142.
Amendment 29 #
2019/0101(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) During the negotiations on the mandatory introduction of the RDE in the Technical Committee on Motor Vehicles on 6 and 28 October 2015, a temporary conformity factor of 2,1 was agreed, to address the alleged statistical uncertainty. That CF of 2,1, referred to as Euro 6 TEMP, cannot legally be justified and was intended as a phase-in value to accommodate the demands of the industry. That is also why the CF of 2,1 was vigorously criticised by the European Parliament and it has now been declared invalid by the judgment of the General Court. Tt is appropriate therefore to delete the temporary conformity factor of 2,1 introduced by Regulation (EU) 2016/646.
Amendment 31 #
2019/0101(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The Court also stated in its judgment that a margin of error of 50 %, corresponding to the ‘FINAL’ CF of 1,5, which is explained by the existence of a margin of technical uncertainty, represents half the value, which is supposed to be measured and that, if that margin is converted into a real margin of error as compared with the measurement by the equipment, this results in a margin of 33 % (a measurement of 120 mg/km may correspond in reality to emissions of 80 mg/km, one third less than the value measured or to emissions of 160 mg/km, two times greater than the standard allows). That means that it is impossible to determine, following an RDE test, whether the vehicle being tested complies with those limits or is even close to them.
Amendment 32 #
2019/0101(COD)
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8 c) Any measurement equipment has a margin of error, even under laboratory conditions, and manufacturers already take this into account when designing vehicles to meet regulatory limits. PEMS equipment has been found to have a somewhat larger margin of error compared to non-mobile laboratory equipment, but this in fact can mean both, over- and under-estimating emissions. It is unacceptable that those uncertainties are used only one-sidedly at the expense of public health without a clear end date.
Amendment 39 #
2019/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE sha conformity factor could be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be usedtemporarily address the technical uncertainty for the PEMS equipment. The Commission should keep under annual review the finaltemporary conformity factors in light of technical progress until its complete phase-out by 31 December 2021.
Amendment 45 #
2019/0101(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to ensure that only the best available technology of PEMS equipment is used by the type-approval authorities to perform the RDE test in the framework of the type-approval process, it is important that the Commission takes all necessary measures to accelerate the on- going development of standards by the European Committee for Standardization regarding the performance of PEMS NOx and particulate matter (PM) measurement.
Amendment 61 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Those obligations include meeting the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicabletemporary conformity factor set out in Table 2a of Annex I until its complete phase-out by 31 December 2021. The result shall remain below the Euro 6 emission limits set out in Table 2 of that Annex.;
Amendment 64 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 715/2007
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific temporary conformity factor set out in Table 2a of Annex I, until its complete phase-out by 31 December 2021, in accordance with the second subparagraph of Article 4(1).
Amendment 68 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 715/2007
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific temporary conformity factor set out in Table 2a of Annex I, until its complete phase-out by 31 December 2021, in accordance with the second subparagraph of Article 4(1).;
Amendment 72 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
(a) supplementing this Regulation in order to adapt the procedures, tests and requirements as well as the test cycles used to measure emissions in order to adequately reflect real driving emissions in line with ISO standards;
Amendment 79 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 715/2007
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) amending this Regulation in order to adapt to technical progress the pollutant- specific finaltemporary conformity factors set out in Table 2a to Annex I until its complete phase-out by 31 December 2021.;
Amendment 91 #
2019/0101(COD)
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
CF 1,432 1,5 - - - pollutant- finaltemp (2) (2) CF pollutant-finaltemp is the temporary conformity factor used to determine compliance with the Euro 6 emission limits by taking into account the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS). until its complete phase-out by 31 December 2021.
Amendment 100 #
2019/0101(COD)
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
Regulation (EC) No 715/2007
Annex I – table 2a – row 3
Annex I – table 2a – row 3
Amendment 36 #
2019/0017(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport has an considerable impact on the global climate, as a result of carbon dioxide (CO2) as well as methane, nitrous oxide and black carbon emissions from shipping. In 2015, it emitted 13% of the total Union greenhouse gas emissions from transport15 . International maritime shipping remainshas been the only means of transportation not included in the Union's commitment to reduce greenhouse gas emissions. Maritime transport also produces emissions with air polluting properties that have detrimental effects on human health and the environment. __________________ 15https://www.eea.europa.eu/data-and- maps/indicators/transport-emissions-of- greenhouse-gases/transport-emissions-of- greenhouse-gases-10.
Amendment 38 #
2019/0017(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Internationally, CO2 emissions from maritime transport are projected to increase by 50% to 250% in the period to 2050. CO2 emissions from maritime transport are also growing rapidly in the Union, increasing by 48% between 1990 and 2008. Without action to tackle emissions from maritime transport, such emissions are expected, by 2050, to increase by 86% above 1990 levels, which would undermine the climate efforts undertaken by other sectors, the Union's objective of becoming an economy with net-zero greenhouse gas emissions by 2050 at the latest, and the goal of the Paris Agreement.
Amendment 41 #
2019/0017(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) There is an urgent need for enhanced action to tackle maritime emissions. As the Union's primary instrument for monitoring, reporting and verification of greenhouse gas emissions and air pollution from maritime transport, this Regulation constitutes a basis for the inclusion of the maritime transport sector in the EU Emissions Trading System (EU ETS), in addition to the adoption of other measures, ensuring that the maritime transport sector contributes to the efforts of reaching the Union's 2050 economy- wide climate neutrality target as well as the 2030 and 2040 targets.
Amendment 42 #
2019/0017(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) Maritime transport is also a source of air pollution emissions, such as Sulphur Oxide (SOx), Nitrogen Oxide (NOx), particulate matter (PM), Ozone Depleting Substances (ODS) or Volatile Organic Compounds (VOC)1a. Air polluting emissions impact both the environment and the health of citizens, in particular for those living or working in coastal and port areas. It is estimated that air pollution in Europe causes approximately 400 000 premature deaths per year. Air pollution is also considered to be the largest environmental health risk in Europe.1b It is therefore crucial that the Union adopts additional measures addressing air pollution from maritime transport. __________________ 1ahttp://www.emsa.europa.eu/main/air- pollution/air-pollution.html 1bhttps://www.eea.europa.eu/publications/ air-quality-in-europe-2019
Amendment 45 #
2019/0017(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Parliament's Resolution of February 2014 on a 2030 framework for climate and energy policies has repeatedly called on the Commission and the Member States to set a binding Union 2030 target of reducing greenhouse gas emissions by at least 4055% compared to 1990 levels and to achieve climate neutrality in the Union by 2050 at the latest. The European Parliament has also notstressed that all sectors of the economy, including the maritime transport sector, would need to contribute to the reduction of greenhouse gas emissions in line with the polluter-pays principle if the Union is to deliver its fair share of global efforts and reach its climate targets. Rapid efforts to decarbonise the maritime transport sector are all the more important in view of the resolution by the Parliament of 28 November 2019 on the climate and environment emergency.
Amendment 50 #
2019/0017(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In its Conclusions of 24 Octo12 December 201491a, the European Council endorsed a binding Union target of an at least 40% domestic reductiothe objective of achieving a climate-neutral EU by 2050, in lin greenhouse gas emissions by 2030 compared to 1990. The European Council also stated the importance of reducing greenhouse gas emisse with the objectives of the Paris Agreement. The European Council also stated that all relevant EU legislations and risks related to fossil fuel dependency in the transport sector and invipolicies need to be consistent with, and contributed the Commission to examine further instruments and measures for a comprehensive and technology-neutral approach, including for the promotion of emissions reduction, renewable energy sources, and energy efficiency in transport. o, the fulfilment of the climate neutrality objective while respecting a level playing field. __________________ 1a https://www.consilium.europa.eu/media/4 1768/12-euco-final-conclusions-en.pdf
Amendment 51 #
2019/0017(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 52 #
2019/0017(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 54 #
2019/0017(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In its communication on the European Green Deal of 11 December 2019, the Commission stated its intention to extend the EU ETS to the maritime sector, regulate access of the most polluting ships to Union ports and oblige docked ships to use shore-side electricity.
Amendment 64 #
2019/0017(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Article 22 of the EU MRV Regulation states that the Commission will, in the event of an international agreement on a global monitoring, reporting and verification system or on global measures to reduce greenhouse gas emissions from maritime transport, review the EU MRV Regulation and, if appropriate, propose amendments in order to ensure alignment withalign the Regulation with that international agreement. It is important that, international agreementrrespective of any global measures, the Union remains able to be ambitious and demonstrate climate leadership by maintaining or adopting more stringent measures within the Union.
Amendment 70 #
2019/0017(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Global IMO DCS provisions on data to be monitored and reported annually should be taken into account so as to ensure that streamlined data is collected for ships' activities falling under both systems. In order to do so, the parameter "deadweight tonnage" should be reported butin addition to "cargo carried" should remain on a voluntary basis. "Time at sea" should be replaced by the global IMO DCS definition of “hours underway". Finally, calculation of “distance travelled” should be based on global IMO DCS25 to reduce administrative burden. __________________ 25 IMO Resolution MEPC 282 (70).
Amendment 86 #
2019/0017(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The transition to climate neutral shipping has yet to be achieved and regulatory measures in that regard have been hitherto inadequate. Ports can have a significant role in the decarbonisation of maritime transport. Operators of ships calling at Union ports should be obliged to ensure, through means such as connecting to shore-side electricity, that when at berth their ships do not emit greenhouse gas or air-polluting emissions. This would be particularly important in the case of berths located close to urban areas, in order to reduce the effects of air pollution on human health. Given the differential impacts of ships in relation to greenhouse gas and air-polluting emissions, most polluting ships, including large passenger ships, should be required to comply with that requirement first.
Amendment 97 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EU) 2015/757
Recital 23
Recital 23
(23) Other greenhouse gases, climate forcers or air pollutants should not be covered by the Union MRV system at this stage to avoid requi-1) Recital 23 is replaced by the following: "(23) The Union MRV system should be extended to cover also other grements to install nothouse gases, climate forcers and air pollutants, where sufficiently reliable or commercially available measuring equipment, which could impede the implementation of the Union MRV system. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757) exists, to better protect the climate, the environment and human health." Or. en
Amendment 107 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 111 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph -1 b (new)
Article 1 – paragraph -1 b (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(-1b) Article 3, paragraph 1, point b is replaced by the following: "(b) ‘port of call’ means the port where a ship stops to load or unload a substantial part of cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to- ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded; " Or. en ((https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02015R0757- 20161216&from=EN))
Amendment 112 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) points (b) and (d) isare replaced by the following:
Amendment 122 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a – introductory part
Article 1 – paragraph 3 – point a – introductory part
(a) points (e) and (f) areis replaced by the following:
Amendment 123 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Regulation (EU) 2015/757
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 131 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point a a (new)
Article 1 – paragraph 4 – point a a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – point j a (new)
Article 10 – paragraph 1 – point j a (new)
(aa) In Article 10, paragraph 1, the following point is added : (ja) cargo carried.
Amendment 132 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
Regulation (EU) 2015/757
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where there is a change of company, the previous company shall submit to the Commission and to the authorities of the flag State concerned, on the day of the completion of the change or as close as practical to the day of the completion of the change and no later than threone months thereafter, a report covering the same elements as the emissions report but limited to the period corresponding to the activities carried out under its responsibility. The new company shall ensure that each ship under its responsibility complies with the requirements of this Regulation with regard to the remainder of the reporting period following the change.;
Amendment 134 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
Regulation (EU) 2015/757
Chapter II a (new) – Article 12 a (new)
Chapter II a (new) – Article 12 a (new)
Amendment 143 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 5 b (new)
Article 1 – paragraph 5 b (new)
Regulation (EU) 2015/757
Article 21 – paragraph 1
Article 21 – paragraph 1
(5b) Article 21, paragraph 1, is replaced by the following: "1. By 30 June each year, the Commission shall make publicly available the information on CO2 emissions reported in accordance with Article 11 as well as the information set out in paragraph 2 of this Article. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757)
Amendment 148 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
Regulation (EU) 2015/757
Article 21 a (new)
Article 21 a (new)
(6a) The following Article 21a is inserted: "Article 21a Environmental performance labelling of ships 1. So as to incentivise emissions reductions and increase the transparency of information, the Commission shall set up a holistic Union labelling system for the environmental performance of the ships which shall apply to the ships covered by this Regulation. 2. By 1 July 2021, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Regulation by setting out the detailed provisions of the functioning of the Union labelling system for the environmental performance of ships as well as the technical standards which constitute its basis."
Amendment 150 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
Regulation (EU) 2015/757
Article 22 – paragraph 3
Article 22 – paragraph 3
(6a) In Article 22, paragraph 3 is replaced by the following: "3. In the event that an international agreement on a global monitoring, reporting and verification system for greenhouse gas emissions or on global measures to reduce greenhouse gas emissions from maritime transport is reached, the Commission shall review this Regulation and shall, if appropriate, propose amendments to this Regulation in order to ensure alignmen it with that international agreement. such international agreement. Any such international agreement on global measures shall be without prejudice to the Union's ability to maintain or adopt more stringent measures within the Union. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R0757)
Amendment 156 #
2019/0017(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Chapter II a (new)
Chapter II a (new)
Amendment 65 #
2018/2974(RSP)
Paragraph 7
7. Points that the EU GDP is expected to increase more under zero emissions scenarios than in scenarios with lower emission reductions, however this may be spread unevenly across the EU; considers that the price of non-action would be by far the costliest scenario and would not only result in massive GDP loss in Europe, but also further increase economic inequalities between Member States and regions as some are expected to be harder hit than others by the consequences of inaction;
Amendment 77 #
2018/2974(RSP)
Paragraph 8
8. Welcomes the inclusion of two pathways aiming at reaching net zero GHG emissions by 2050, and the Commission’s support for these; considers this mid- century objective as the only one compatible with the Union's commitments under the Paris Agreement;
Amendment 92 #
2018/2974(RSP)
Paragraph 9
9. Notes however that those pathways rely to a large extent on carbon removal technologies, including through carbon capture and storage and direct air capture, that yet have to prove their feasibility; considers that the EU net-zero strategy should not overly rely on such technologies, which should complement direct emissions reductions; believes that further aemissions reductions by 2030 isare needed if the Union is to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security as confirmed by the IPCC 1.5 report;
Amendment 100 #
2018/2974(RSP)
Paragraph 9 a (new)
9 a. Recalls that by being the first major economy to go for climate neutrality, Europe’s businesses will be able to gain first-mover advantage on international markets to become the global leader in sustainable and resource- efficient production; emphasises that delayed or insufficient action to achieve net-zero GHG emissions by 2050 at the latest will result in ecologically, economically and socially unjustifiable costs and effectively hamper the future competitiveness of Europe’s industrial sector; insists that carbon leakage must be and can be avoided by intelligent policy frameworks;
Amendment 119 #
2018/2974(RSP)
Paragraph 11
11. Believes that Europe's climate transition must be ecologically, economically and socially sustainable; emphasises that tailor-made and sufficiently funded strategies will need to be designed in close collaboration with local and regional public authorities, trade unions, educational institutions, civil society organisations and the private sector, to ensure that social fairness and equal opportunities are offered to all European citizens in this transition while avoiding disproportionate effects on people with low income;
Amendment 124 #
2018/2974(RSP)
Paragraph 11 a (new)
11 a. Believes that young people have increasingly strong social and environmental awareness, which has the power to transform our societies towards a climate resilient future, and that youth education represents one of the most effective tools to combat climate change; stresses the need to actively involve younger generations in building international, intercultural and intergenerational relationships, which underpin cultural change that will support the global efforts for a more sustainable future;
Amendment 128 #
2018/2974(RSP)
Paragraph 11 a (new)
11 a. Considers that social aspects should be fully streamlined throughout all EU climate policy and climate funding;
Amendment 129 #
2018/2974(RSP)
Paragraph 11 b (new)
11 b. Recalls that approximately 50 to 125 million European citizens are currently suffering from energy poverty1a; reiterates its strong conviction that Europe must act swiftly and vigorously to eliminate energy poverty in European households; __________________ 1a http://www.europarl.europa.eu/RegData/e tudes/STUD/2015/563472/IPOL_STU(201 5)563472_EN.pdf
Amendment 130 #
2018/2974(RSP)
Paragraph 11 c (new)
11 c. Emphasises that inclusion and participation of Europe’s citizens is vital for Europe to reach net-zero GHG emissions by 2050 at the latest; encourages all levels of national, regional and local government to put in place concrete measures stimulating and facilitating the participation of citizens in the transition to the decarbonised society;
Amendment 135 #
2018/2974(RSP)
Paragraph 12
Amendment 195 #
2018/2974(RSP)
Paragraph 18
18. Emphasises that emissions will have to be reduced close to zero in all Member States and sectors of the economy which should all contribute in the joint efforts to reduce emissions; therefore calls on the Commission to develop pathways to climate neutrality for all sectors; stresses the importance of the polluter pays principle in this regard;
Amendment 199 #
2018/2974(RSP)
Paragraph 18 a (new)
18 a. Emphasises that the successful transition towards a net-zero emission economy requires an integrated approach and the right enabling environment to better stimulate and support zero- and low emission mobility; calls for additional measures to be put in place to enable access to zero- and low-emission vehicles to consumers in all Member States; stresses the need for more public and private investments in the roll-out of recharging and refuelling infrastructure, its integration into the energy systems, as well as the sustainable sourcing, production, supply, re-use and recycling of batteries in Europe, and reiterates the need for coherent action at EU, national, regional and local levels to achieve this;
Amendment 206 #
2018/2974(RSP)
Paragraph 18 a (new)
18 a. Highlights the central role of renewable energy sources in the transition towards a net-zero GHG economy, as energy is currently responsible for 75% of Europe’s GHG emissions;
Amendment 220 #
2018/2974(RSP)
Paragraph 19
19. Considers that technology developments and new, innovative solutions, energy efficiency and sustainable renewable energy in the transport and power sectors will be key; underlines in this respect the importance of technology- specific strategies, such as forelectric mobility, hydrogen or methane;
Amendment 223 #
2018/2974(RSP)
Paragraph 19 a (new)
19 a. Stresses that emissions from industrial processes have to be tackled at a much larger scale; points out that according to the IPCC 1.5 Special Report CO2 emissions reduction from industry need to be 65–90% lower in 2050 relative to 2010, and such reductions can only be achieved through combinations of new and existing technologies, including carbon capture, utilization and storage; considers it necessary to increase in industrial processes the use of environmentally safe carbon capture and utilisation (CCU) and environmentally safe carbon capture and storage (CCS) delivering a net reduction in emissions and avoidance or permanent storage of CO2;
Amendment 225 #
2018/2974(RSP)
Paragraph 19 a (new)
19 a. Emphasises that the ‘energy efficiency first’ principle entails large GHG emissions reductions possibilities and must be fully taken into account throughout the full energy chain, including energy generation, transmission, distribution and end-use;
Amendment 244 #
2018/2974(RSP)
Paragraph 21
21. Stresses the need to implement the Energy Union and ensure further integration of the European Energy market in order to most effectively decarbonise the power sector and to facilitate investments where most renewable energy production can be effectuated, whilst reducing energy poverty and empowering consumers;
Amendment 263 #
2018/2974(RSP)
Paragraph 22 a (new)
22 a. Recalls that GHG emissions from international shipping are projected to increase by as much as 250% by 2050; reiterates that emissions from international shipping and aviation activities must be significantly reduced in order to be consistent with the Union’s economy-wide greenhouse gas emission reduction commitment and to reach net- zero GHG emissions by 2050 at the latest;
Amendment 267 #
2018/2974(RSP)
Paragraph 22 b (new)
22 b. Notes that approximately 60% of the current global methane is emitted by sources such as agriculture, landfills and wastewater, and the production and pipeline transport of fossil fuels; recalls that methane is a potent GHG with a 100- year warming potential 28 times larger than CO21a and that methane emission reductions can play an important role in reducing ground-level ozone concentrations and their negative impacts on air quality and human health; welcomes the Commission’s intention to reduce methane emissions in concerned sectors, which could deliver further reductions of ozone concentrations in the EU, and to promote methane reductions internationally; __________________ 1a Van Dingenen, R., Crippa, M., Maenhout, G., Guizzardi, D., Dentener, F., Global trends of methane emissions and their impacts on ozone concentrations, EUR 29394 EN, Publications Office of the European Union, Luxembourg, 2018, ISBN 978-92- 79-96550-0, doi:10.2760/820175, JRC113210
Amendment 276 #
2018/2974(RSP)
Paragraph 23 a (new)
Amendment 289 #
2018/2974(RSP)
Paragraph 23 b (new)
23 b. Notes that increased energy efficiency in the heating and cooling sector can have positive impacts in terms of reducing GHG emissions as well as reducing prices and thereby energy poverty in European households;
Amendment 302 #
2018/2974(RSP)
Paragraph 24
24. Supports active and sustainable forest management at national level, together with concrete means to incentivise the potential of the EU bioeconomy, given the large potential of forests to contribute to strengthening Europe's climate efforts (through sequestration, storage and substitution effects) and achieving the target of zero emissions by 2050 at the latest; recognising the need to halt the loss of biodiversity and the degradation of ecosystems services in the EU by 2020;
Amendment 329 #
2018/2974(RSP)
Paragraph 26
26. Calls for rapid implementation of the EU ETS Innovation Fund and for the start of the first call for proposals in 2019 in order to boost investments in the demonstration of low-carbon industrial breakthrough technologies; calls for the inclusion in the 2021-2027 Multiannual Financial Framework of adequate financial means for supporting investments in the demonstration of low- carbon industrial breakthrough technologialigned with the objectives under the Paris Agreement and to reach net-zero GHG emissions by 2050 at the latest;
Amendment 335 #
2018/2974(RSP)
Paragraph 27
27. Considers that in order for the Union to reach net-zero emissions by 2050 at the latest, substantial private investments need to be mobilised; believes that this requires long- term planning and regulatory stability and predictability for investors and that future EU-regulations need to take this into consideration, especially for the period up to, and post 2030; stresses therefore that the implementation of the Sustainable Finance Action Plan adopted in March 2018 should be prioritised;.
Amendment 353 #
2018/2974(RSP)
Paragraph 29
29. Stresses the importance of creating a just transition fund, especially for the regions most affected regions,by decarbonisation, combined with a general horizontal streamlining of social aspects into existing climate funding;
Amendment 356 #
2018/2974(RSP)
Paragraph 29 a (new)
29 a. Underlines that climate mainstreaming must be fully integrated in research and innovation content and applied at all stages of the research cycle as one of the principles of EU funding;
Amendment 375 #
2018/2974(RSP)
Paragraph 32
32. Stresses the importance of green public procurement, of ecodesign, and reducing the carbon footprint of products while at the same time aligning them with the circular economy strategy; considers that options to levy products’ carbon content in Europe might be further explored;
Amendment 1 #
2018/2775(RSP)
Recital A
A. whereas the Cannabis plant is made of more than 480 compounds which include more than 100 cannabinoids constituted of both psychoactive and non- psychoactive compounds. Many of the compounds constituting the Cannabis plant are unique to Cannabis;
Amendment 3 #
2018/2775(RSP)
Recital B a (new)
Ba. whereas the cannabis plant constitutes of a numerous other cannabinoids such as Cannabichromene, Cannabinol, Cannabidiolic Acid, Cannabigerol and Tetrahydrocannabivarin, which can have neuroprotective effects, can contribute to the decrease of certain symptoms affecting patients such as chronic pain, inflammation, bacterial infections and stimulate bone growth.
Amendment 19 #
2018/2775(RSP)
Recital J
J. whereas a review of existing scientific literature on the subject of medical cannabis provides conclusive or substantial evidence that cannabis and cannabinoids have therapeutic effects such as in the treatment of chronic pain in adults (e.g. in cancer diseases), as antiemetics in the treatment of chemotherapy-induced nausea and vomiting or for improving patient- reported multiple sclerosis spasticity symptoms and is effective in the treatment of patients with anxiety disorders, PTSD and depression;
Amendment 26 #
2018/2775(RSP)
Recital K
K. whereas there is limited evidence that cannabis or cannabinoids are effective for increasing appetite and decreasing weight loss associated with HIV/AIDS, improving clinician-measured multiple sclerosis spasticity symptoms, improving symptoms of Tourette syndrome, improving symptoms of posttraumatic stress disorder;
Amendment 29 #
2018/2775(RSP)
Recital N
N. whereas there is no uniform standardisation system for the labelling of the drugs that contain THC and CBD, CBD and other cannabinoids found within the cannabis plant; ;
Amendment 33 #
2018/2775(RSP)
Recital O
O. whereas there is little or no educational training on the impact of medical products containing THC and CBD in EU countries for medical staff - medical students, medical doctors and pharmacists, psychiatrists, as well as social campaigns for young people and women who have motherhood in their perspective;
Amendment 53 #
2018/2775(RSP)
Paragraph 4 a (new)
4a. Calls on the Commission and Member States to embark on more research and stimulate innovation with regards to projects related to the use of cannabis for medicinal purposes.
Amendment 60 #
2018/2775(RSP)
Paragraph 6
6. Calls on the Commission to establish a network which would bring together both EMA and the EMCDDA as well as responsible national authorities and patient organisations, civil society, social partners, consumer organisations, healthcare professionals and NGOs together with other relevant stakeholders to ensure an effective implementation of the strategy for cannabis-based medicines;
Amendment 68 #
2018/2775(RSP)
Paragraph 8 a (new)
8a. Emphasises that to ensure that patients have access to the right therapy, which is case specific and caters towards their individual needs as patients with single or multiple disorders, it is essential to ensure that patients are provided with comprehensive information about the full spectrum profiles of the plant strains used within the medication provided. Such information would empower patients and medical practitioners to prescribe medication which takes into consideration the holistic needs to the patient and corresponding therapy;
Amendment 81 #
2018/2144(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges improvement in the enforcement and monitoring mechanisms for human rights protection, including by tackling violence against women and children; calls therefore for an effective implementation of fundamental rights policies, in particular on gender equality, rights of people with disability, children's rights and rights of Roma people, by securing adequate budget allocations and resources to implement the policies and build capacity of responsible institutions;
Amendment 102 #
2018/2144(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes regulatory changes in the field of education; urges the authorities to address and the steps taken to increase pre-school participation rates, including for children from disadvantaged backgrounds; stresses the importance of a comprehensive approach to early childhood development and the need to address health concerns such as the low immunization coverage; urges the authorities to address the low secondary education completion among Roma students (3%, the lowest in the region) and the high long-term unemployment rate among youth and women;
Amendment 75 #
2018/2035(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the current political momentum should be used to shift to a circular plastics economy, that in line with the waste hierarchy, gives priority to the prevention of plastic waste generation;
Amendment 88 #
2018/2035(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the release of enormous quantities of plastic into the sea has not only an adverse impact on marine resources but also affects economic activities, inter alia by increasing the costs involved in cleaning nets and disposing of litter collected;
Amendment 100 #
2018/2035(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that preventing the generation of plastic waste upfront and boosting our plastics recycling performance are both key to protecting human health and the environment, and supporting a sustainable economic growth; calls on all stakeholders to consider the recent Chinese import ban on plastic waste as an opportunity tofor investing in state-of-the-art recycling capacity in the EUplastic waste prevention, for developing Eco-design requirements for all plastic and plastic containing products, and for investing in state-of-the-art in the EU for collection and sorting and recycling;
Amendment 149 #
2018/2035(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes the EU and Member States should be investing more in public awareness campaigns and education to impact consumers about environmental and social challenges relating to increasing plastic waste and encourage them to purchase more recycled, recyclable and reusable materials;
Amendment 153 #
2018/2035(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for improved separation and sorting practices to increase recycling;
Amendment 198 #
2018/2035(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls onReminds the Commission to make ‘circularity first’hat prevention is an overarching principle, also for non-packaging plastic items, by developing product standards and revis and calls on the Commission to further implement this by creating adequate economic and legislative incentives, in particular by broadening the scope of the eco-design legislation to cover all main plastic product groups, including non-energy related product groups, and to gradually include relevant resource efficiency features ing the eco-design legislative frameworkmandatory requirements for product design and to adopt eco- labelling provisions;
Amendment 237 #
2018/2035(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that mandatory rules on the use of minimum recycled content for specific products may be needed in order tonew plastic products, in accordance with product specific legislation concerning health, safety and environment, is a requirement in order to promote recycling, reduce the use of fossil-based virgin plastic, curb the excessive quantity of CO2 emitted in their production and thus drive the uptake of secondary raw materials;
Amendment 270 #
2018/2035(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights that local and regional authorities could contribute to the improvement of plastic recycling through their public procurement policies; believes that they should set eco-design criteria for the purchase of products and services by demanding products made of fully recyclable plastics and products, up to a certain percentage, made of recycled content;
Amendment 284 #
2018/2035(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the presence of a substance of concern should not be a blanket justification for precluding the recycling of waste streams for specific, well-defined and safe applications, since this could stifle innovations and discourage recycling potential in favour of incineration; correspondingly calls on both Member States and the Commission to cooperate in the development and setting of harmonized end-of-waste criteria (EoW);
Amendment 304 #
2018/2035(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that a transformation in consumer behaviour is pivotal in order to reduce plastic waste generation and littering; calls on the Commission and Member States to finance awareness campaigns, including in schools, to inform the public of the benefits of plastic waste prevention and the need to address littering;
Amendment 319 #
2018/2035(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Underlines the importance of looking at the overall environmental impacts of using single-use plastics, and therefore supports a tailored, product- specific approach to tackling plastic waste that takes into account all applications of plastics across the various value chains;
Amendment 326 #
2018/2035(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines that the main problem with single-use plastics is an insufficient system for waste collection and treatment in the EU and that Member States must fully implement EU waste policy, including the Waste Framework Directive and Packaging and Packaging Waste Directive;
Amendment 334 #
2018/2035(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that there are various pathways to achieving high collection and recycling rates and a reduction in litter, including deposit-refundturn schemes or extended producer responsibility (EPR) schemes; underlines that the choice of a certain scheme remains within the remit of the competent authority in the Member State, which can take local specificitiesstresses the need that the fees paid by the producer for the fulfilment of its EPR obligations are modulated by taking into account and ensresource that any existing well-performing and cost-efficient systems are not jeopardisedefficiency criteria,; calls on the Commission to consider options for a more unified approach in the EU to deposit schemes;
Amendment 358 #
2018/2035(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Welcomes the Commission proposal for a Directive "on port reception facilities" which aims to significantly reduce the burden and costs for fishermen of bringing fishing gear and plastic waste back to the port; underlines the important role that fishermen could play, in particular by collecting plastic waste from the sea during their fishing activity, and bringing it back to the port to undergo proper waste management. Stresses that Commission and Member States should incentivize this activity, so that waste derived from clean- up activities would not be covered by any cost recovery system, and fisherman shall not be charged a fee for its treatment;
Amendment 380 #
2018/2035(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Highlights the importance of lifecycle assessments in order to demonstrate a reduced environmental impact for all bio-plastics; whilst reviewing alternative remedies that can be used to tackle plastics waste. This could include the use of other materials;
Amendment 386 #
2018/2035(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises that biodegradable plastics can help support the transition to a circular economy, but are not a universal remedy against marine litter; calls, therefore, on the Commission to develop a list of useful products and applications composed of biodegradable plastics, together with clear criteriaset of criteria for packaging when, in line with EU harmonized standards, biodegradable plastic would be preferable and provide an indicative list of useful products and applications. The indicative list should be the starting point for further R&D investments and market development of products and applications;
Amendment 401 #
2018/2035(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to introduce a ban on micro-plastics which are intentionally added to products, such as cosmetics and cleaning products, and for which viable alternatives are available; welcomes the Commission’s request to European Chemical Agency to examine the scientific basis to restrict the use of intentionally added micro-plastics to consumer or professional use products;
Amendment 482 #
2018/2035(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the EU to actively support the on-going discussions at the United nations and in other international foras, including the G7 and G20, with the aim to strengthen existing tools and develop a new "Global pact for the Environment" which shall include a binding mechanism to halt plastic pollution; stresses that EU should lead by example and ensure they aim for the same level of ambition at the international level as is already aimed for within the European Union;
Amendment 378 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When funding from the thematic facility is granted in direct or indirect management to Member States, it shall be ensuno funding shall be available for projects whered that selected projects are not affected bye legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be called into question as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 379 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Articles 18 and 19(2) of Regulation EU ../.. [Common Provisions Regulation], assess wthether the foreseen actions are not affected by foreseen actions to ensure that no funding shall be available for projects where the legality of those projects, or the legality and regularity of the funding, or the performance of those projects, would be called into question as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects.
Amendment 431 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. AThe determining Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for eachrefunding of the costs of reception of an applicant for international protection forom the time whomen that Member State becomes responsible as from when that Member State is in challenging circumstances as defined ine application was registered until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant in accordance with Article 8a(1) (new) of Regulation (EU) ../.. [the Dublin Regulation].
Amendment 432 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. AThe transferring Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for eachrefunding of the costs necessary to transfer an applicant for international protection allocated to that Member State who is above the benefittinganother person as referred to in Article 20(1)(c), (d) or (e) of Regulation (EU) ../... [the Dublin Regulation] to the Member State's fair shar responsible.
Amendment 433 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measuresIn addition to their allocation calculated in accordance with Article 11(1)(a), the determining Member State that becomes responsible in line with Article 9(2)(a)(new) of Regulation (EU) ../... [the Dublin Regulation] shall receive the costs of reception of each applicant until a final decision is taken on the application in line with Regulation (EU) ../... [the Asylum Procedures Regulation] in accordance with Article 8a(2) (new) of Regulation (EU) ../... [the Dublin Regulation].
Amendment 436 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. AWhen a Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per person for whom the Member State can establish on the basis of the updating of the data set referred to in Article 11(d)does not fulfil its obligations under Chapter VII of Regulation (EU) ../... [Eurodacthe Dublin Regulation] that the person has left the territory of the Member State, on either a compulsory or voluntarily basis in compliance with a return decision or a removal order, it shall not be entitled to support from the Fund for measures financed in direct or indirect management in the area of return until full compliance is ensured.
Amendment 437 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 438 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The amountsrefunding referred to in this Article shall take thea form of financing not linked to costs in accordance with Article [125(1)(b), (1)(c), (1)(d) or (1)(e)] of the Financial Regulation.
Amendment 439 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The additional amountsrefunding referred to in paragraphs 1 to 5 2 shall be allocated to the Member States in their programmes provided that the person in respect of whom the contributionrefunding is allocated was, as applicable, effectively transferred to a Member State, effectively returned or registered as an applicant in the Member State responsible in accordance with Regulation (EU) ../.. [the Dublin Regulation].
Amendment 476 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) In the energy sector, to contribute to the development of projects of common interest relating to further integration of the internal energy market, reduction or elimination of Member States’ energy isolation, interoperability of networks across borders and sectors, facilitating decarbonisation, increasing energy efficiency and ensuring security of supply, and to facilitate cross- border cooperation in the area of renewable energy;
Amendment 577 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. As regards the amounts transferred from the Cohesion Fund, 30% of these amounts shall be made available immediately to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation, with priority to cross-border and missing links. In case of island Member States the removal of bottlenecks will be equally considered a priority. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred. As of 1 January 2024, resources transferred to the Programme which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation.
Amendment 904 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. In the transport sector, the assessment of proposals according to the award criteria referred to in paragraph 1(c), the removal of bottlenecks, shall be regarded on equal terms with respect to island Member States.
Amendment 1161 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “Scandinavian- Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “Scandinavian- Mediterranean”
Core network corridor "Scandinavian – Mediterranean" Alignment RU border – Hamina/Kotka – Helsinki – Turku/Naantali – Stockholm – Örebro – Malmö Narvik/Oulu – Luleå – Umeå – Stockholm Oslo – Goteburg – Malmö – Trelleborg Malmö – København – Fredericia – Aarhus – Aalborg - Hirtshals/Frederikshavn København – Kolding/Lübeck – Hamburg – Hannover Bremerhaven – Bremen – Hannover – Nürnberg Rostock – Berlin – Leipzig – München Nürnberg – München – Innsbruck – Verona – Bologna – Ancona/Firenze Livorno/La Spezia – Firenze – Roma – Napoli – Bari – Taranto – Valletta Napoli – Gioia Tauro – Palermo/Augusta – Valletta – Marsaxlokk Pre- Cross-border RU border – Helsinki Rail identified sections København – Hamburg: Fehmarn belt fixed link access routes München – Wörgl – Innsbruck – Fortezza – Bolzano – Trento – Verona: Brenner base tunnel and its access routes København – Hamburg: Fehmarn Rail/Road belt fixed link
Amendment 15 #
2018/0213(COD)
(3) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner, in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion fund, the European Social Fund, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant.
Amendment 17 #
2018/0213(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The implementation of structural reforms is among the Union’s policy priorities because such reforms seek to set the recovery on a sustainable path, unlock the growth potential of the transition to a net- zero economy, strengthen the adjustment capacity and support the process of upward convergence. Pursuing structural reforms canneeds also to contribute to strengthening economic and social cohesion, boosting productivity and investment and creating good conditions for sustainable growth and employment in the Union.
Amendment 21 #
2018/0213(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Programme's overall objective is the enhancement of cohesion, competitiveness, sustainability, productivity, growth, and employmentsocial inclusion, employment and the transition towards climate-neutrality. For that purpose, it should provide financial incentives for addressing challenges of a structural nature, and should help to strengthen the administrative capacity of the Member States insofar as their institutions and economic and social sectors are concerned.
Amendment 34 #
2018/0213(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) An independent mid-term evaluation, looking at the achievement of the objectives of the Programme, the efficiency of the use of its resources and its added value should be carried out. An independent ex-post evaluation should, in addition, deal with the long-term impact of the Programme and its coherence with the Union’s climate objectives and Sustainable Development Goals. .
Amendment 37 #
2018/0213(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic and social structures in the Member States, thereby contributing to cohesion, competitiveness, sustainability, productivity, growth and employment, social inclusion, employment and the transition towards climate-neutrality; and
Amendment 41 #
2018/0213(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) business environment, including for small and medium-sized enterprises, re- industrialisation, private sector development, product and service markets, investment, public participation in enterprises, privatisation processes, trade and foreign direct investment, competition and public procurement, transition to a net-zero economy, sustainable sectoral development and support for research and innovation and digitisation;
Amendment 47 #
2018/0213(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) policies for implementing climate action, mobility, promoting energy and resource efficiency, renewable energy sources, achieving energy diversificatransition and ensuring energy security, and for the agricultural sector, fisheries and the sustainable development of rural areas; and
Amendment 59 #
2018/0213(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) institutional, administrative or sectoral capacity building, social dialogue and related supporting actions at all governance levels, also contributing to the empowerment of civil society, as appropriate, in particular:
Amendment 61 #
2018/0213(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the implementation of reforms by Member States, undertaken on their own initiative, in particular to achieve sustainable economic growth and, job creation and transition to a net-zero economy;
Amendment 41 #
2018/0196(COD)
Proposal for a regulation
Title 0
Title 0
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum, Migration and MiIntegration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendment 49 #
2018/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or beliefe, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or social exclusion. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 58 #
2018/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to applybe revised and the European Commission should be encouraged to make a proposal for a revised Regulation. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 99 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(c a) relevant international organisations
Amendment 101 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners as equal stakeholders in the preparation of Partnership Agreements and throughout the preparation and implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 111 #
2018/0196(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 – point a
Article 12 – paragraph 1 – subparagraph 2 – point a
(a) thverifiable and auditable output and result indicators linked to specific objectives set in the Fund-specific Regulations;
Amendment 116 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii
(vii) for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans and identified shortcomings;
Amendment 117 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii a (new)
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii a (new)
(vii a) for programmes supported by Cohesion and ESF+ funds, the complementarities and synergies with programmes funded by AMIF, ISF and BMVI
Amendment 142 #
2018/0196(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The monitoring committee shall meet at least ontwice a year and shall review all issues that affect the programme's progress towards achieving its objectives.
Amendment 150 #
2018/0196(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 152 #
2018/0196(COD)
Proposal for a regulation
Article 36 – paragraph 6 a (new)
Article 36 – paragraph 6 a (new)
6 a. The Annual performance review shall be made available to the Council and the European Parliament.
Amendment 182 #
2018/0196(COD)
Proposal for a regulation
Article 63 – paragraph 7 – subparagraph 2
Article 63 – paragraph 7 – subparagraph 2
For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January 20232.
Amendment 78 #
2018/0172(COD)
Proposal for a directive
Recital 7
Recital 7
(7) To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products, which are estimated to represent around 86% of the single-use plastics foundfound most frequently, in counts, on beaches in the Union.
Amendment 105 #
2018/0172(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) A clear definition of biodegradable and compostable plastic should be laid down in order to clarify the ambiguities and misunderstandings that exist with regard to this subject. In that connection, a definition is supplied by Directive 94/62/EC on packaging and packaging waste.
Amendment 176 #
2018/0172(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In accordance with EU law on waste, the Commission and the Member States must support plans to collect litter at sea with the involvement, where possible, of fishing vessels, and must ensure that port facilities have the capacity to collect and treat this waste, in particular through recycling.
Amendment 181 #
2018/0172(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or ,waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single- use plastic products and fishing gearand aquaculture gear and, where relevant, about the existence of alternative products with similar operational characteristics . Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. Producers of single-use plastic products and fishing and aquaculture gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation. Similar awareness raising measures should also cover those single-use plastic products subject to restrictions and limitations on placing on the market with a view to obtaining the necessary support from citizens and consumers.
Amendment 202 #
2018/0172(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Directive 2018/851 acknowledges that separate collection could be achieved through door-to-door collection, bring and reception systems or other collection arrangements. While the obligation to separately collect waste requires that waste be kept separate by type and nature, it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling or other recovery of waste, in line with the waste hierarchy. Member States should also be allowed to deviate from the general obligation to separately collect waste in other duly justified cases, for instance where the separate collection of specific waste streams in remote and scarcely populated areas causes negative environmental impacts that outweigh its overall environmental benefits or entails disproportionate economic costs. When assessing any cases in which economic costs might be disproportionate, Member States should take into account the overall economic benefits of separate collection, including in terms of avoided direct costs and costs of adverse environmental and health impacts associated with the collection and treatment of mixed waste, revenues from sales of secondary raw materials and the possibility to develop markets for such materials, as well as contributions by waste producers and producers of products, which could further improve the cost-efficiency of waste management systems.
Amendment 216 #
2018/0172(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission should be delegated the power to adopt acts in accordance with Article 290 TFEU concerning the definition of technical specifications for the marking to be affixed to certain single-use plastic products.
Amendment 227 #
2018/0172(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health as well as to promote the transition to a non-toxic circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.
Amendment 232 #
2018/0172(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing and aquaculture gear containing plastic.
Amendment 241 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'biodegradable and compostable plastic' means a plastic capable of undergoing physical, chemical, thermal or biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water in accordance with Directive 94/62/EC on packaging and packaging waste
Amendment 268 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or, capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and, capturing or retaining such marine biological resources;
Amendment 270 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) ‘closed loop for food-waste management’ means an integrated food management system in controlled environments, such as hospitals, school and company canteens, public and sport events, transport, whereas resource recovery and waste management are based on the principle of controlling material inputs to maximise recycling and recovery of materials, while preventing waste disposal. This is achieved by the provision, for sanitary reasons, of compostable single use plates, cutlery, glasses and packaging, alongside an organic recycling infrastructure and programme to generate high quality compost and renewable energy.
Amendment 351 #
2018/0172(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States shall ensure that the cups for beverages listed in Part A of the Annex made partially of plastic may be placed on the market only if their polymer coatings are biodegradable and compostable.
Amendment 355 #
2018/0172(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall prohibit the intentional release of balloons into the atmosphere at public or private events.
Amendment 358 #
2018/0172(COD)
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
Amendment 417 #
2018/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The Member States shall adopt the measures required to ensure that financial contributions paid by producers of single-use plastic products in fulfilment of their obligations deriving from producer responsibility are adjusted, in particular to take into account the durability, repairability, re-usability and recyclability of those products.
Amendment 456 #
2018/0172(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Passively fished waste 1. Member States shall adopt national plans to ensure that all ports where fishing vessels can be received are able to carry out the collection and subsequent treatment of passively fished waste collected during normal fishing operations with a view to encouraging the separate collection, re-use and recycling of such waste. 2. Such plans should be laid down in accordance with the guidelines set out in OSPAR Recommendation 2016/01 on the reduction of marine litter through the implementation of fishing for litter initiatives. 3. In addition to the resources made available by the EMFF, Member States may set up and maintain national funds to support the collection of waste that has been passively fished by fishing vessels. The funds may be used to ensure the functioning of fishing-for-litter initiatives, including the provision of dedicated on- board waste storage facilities, the monitoring of passively fished waste, education and promotion of voluntary participation in the initiative, costs of waste treatment and to cover the costs of personnel required for the functioning of such schemes. 4. Member States shall ensure that the data on the amounts of passively fished waste are aggregated and kept in regional or national databases for the purposes of monitoring and evaluation. Member States shall inform the Commission concerning the establishment of their national funds by 31 December [two years after the end-date for transposition of this Directive] and shall subsequently submit reports every two years concerning the activities financed under this Article.
Amendment 540 #
2018/0172(COD)
Proposal for a directive
Annex I – part A – indent 2
Annex I – part A – indent 2
— Cups for beverages and their caps and lids
Amendment 546 #
2018/0172(COD)
Proposal for a directive
Annex I – part A – indent 2 a (new)
Annex I – part A – indent 2 a (new)
-- Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation, such as crisps and sweets packets
Amendment 550 #
2018/0172(COD)
Proposal for a directive
Annex I – part A – indent 2 b (new)
Annex I – part A – indent 2 b (new)
-- Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 552 #
2018/0172(COD)
Proposal for a directive
Annex I – part A – indent 2 c (new)
Annex I – part A – indent 2 c (new)
-- Wet wipes, i.e. pre-wetted personal care, domestic and industrial wipes
Amendment 634 #
2018/0172(COD)
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
-- Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
Amendment 709 #
2018/0172(COD)
Proposal for a directive
Annex I – part G – indent 8
Annex I – part G – indent 8
— Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC and very lightweight plastic carrier bags as defined in Article 3(1d) of Directive 94/62/EC compostable under standard CEN 13432
Amendment 62 #
2018/0166R(APP)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls to transfer 25 % of the budget of the Structural Reform Support Programme (SRSP) to the Structural Funds to be directed towards additional support for carbon-dependent regions affected by the transition of jobs due to the necessary structural transition to a low-carbon economy. These regions shall have access to this additional support for the PO2 objectives of the Regional Development Fund and the Cohesion Fund in order to facilitate a just transition. The aim is to support such regions, in particular those which are not already qualified for support under the Modernisation Fund under Directive 2003/87/EC, by promoting the redeployment, re-skilling and up-skilling of workers, education, job-seeking initiatives as well as development of new jobs, for example through start-ups, in close dialogue and coordination with the social partners."
Amendment 251 #
2018/0018(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. Taking into account the results of the work already undertaken in the EUnetHTA Join Actions, this Regulation establishes:
Amendment 265 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall designate their national authorities and bodies responsible for health technology assessment as members of the Coordination Group and its sub-groups and inform the Commission thereof and of any subsequent changes. Member States mayshall designate more than one authority or body responsible for health technology assessment at national level as members of the Coordination Group and one or more of its sub-groups.
Amendment 273 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Coordination Group shall act by consensus, or, where necessary, vote by simplequalified majority. There shall be one vote per Member State.
Amendment 286 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Members of the Coordination Group, and their appointed representatives shall respect the principles of transparency, independence, impartiality, and confidentiality.
Amendment 289 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 8 – point c
Article 3 – paragraph 8 – point c
(c) ensure regular cooperation with all relevant Union level bodies to facilitate additional evidence generation necessary for its work;
Amendment 293 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 8 – point d
Article 3 – paragraph 8 – point d
(d) ensure appropriate involvement of all relevant stakeholders in its work;
Amendment 297 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. The Coordination Group may meet in different configurations for the following categories of health technology: medicinal products, medical devices, in vitro diagnostic medical devices and other health technologies.
Amendment 299 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. The Coordination Group may establish separate sub-groups for the following categories of health technology: medicinal products, medical devices, in vitro diagnostic medical devices and other health technologies.
Amendment 308 #
2018/0018(COD)
Proposal for a regulation
Article 4 – paragraph – point c a (new)
Article 4 – paragraph – point c a (new)
(ca) consult civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non-governmental organisations in the field of health technology assessment.
Amendment 337 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The designated sub-group shall request relevant health technology developers to submit comprehensive documentation containing the information, data and evidence necessary for the joint clinical assessment. The relationship between evaluators and health technology developers, however, must be independent and impartial. Developers of health technologies can be consulted but not actively participate in the evaluation process.
Amendment 377 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The designated sub-group shall ensure that stakeholders, including patients and clinical expertcivil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non- governmental organisations, are given an opportunity to provide comments during the preparation of the draft joint clinical assessment report and the summary report and set a time-frame in which they may submit comments.
Amendment 398 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 12
Article 6 – paragraph 12
12. The Coordination Group shall approve the final joint clinical assessment report and summary report, wherever possible by consensus or, where necessary, by a simplequalified majority of Member States.
Amendment 427 #
2018/0018(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. All relevant data and information shall be available to the public in a user- friendly and easy-readable manner.
Amendment 457 #
2018/0018(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Article 12 (2) and 12 (3) shall not apply for medicinal products.
Amendment 485 #
2018/0018(COD)
Proposal for a regulation
Article 13 – paragraph 12
Article 13 – paragraph 12
12. The Coordination Group shall approve the final joint scientific consultation report, wherever possible by consensus or, where necessary, by a simplequalified majority of Member States, at the latest 100 days following the start of the preparation of the report referred to in paragraph 4.
Amendment 495 #
2018/0018(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) the consultation of patients, clinical expertscivil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non- governmental organisations, and other relevant stakeholders;
Amendment 531 #
2018/0018(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Taking into account the results of the work already undertaken in the EUnetHTA Joint Actions, the Commission shall adopt implementing acts concerning:
Amendment 561 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall establish a stakeholder network through an open call for applications and a selection of suitable stakeholder organisations based on selection criteria established in the open call for applications. The organisations to be addressed by the call and represented within the stakeholder network shall be civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non- governmental organisations in the field of health technology assessment.
Amendment 579 #
2018/0018(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. TBuilding on the work already undertaken by the EUnetHTA Joint Actions, the Commission shall develop and maintain an IT platform containing information on:
Amendment 2 #
2017/2951(RSP)
Citation 15 a (new)
- having regard to Council Recommendation on seasonal influenza vaccination (2009);
Amendment 3 #
2017/2951(RSP)
Recital B
B. whereas cost of a full vaccines package for one child, even at the lowest global prices, has increased by a factor of 68 from 2001 to 2014; whereas this price increase is unjustifiable and incompatible with the Sustainable Development Goal to ensure healthy lives and promote well- being at all ages;
Amendment 20 #
2017/2951(RSP)
Paragraph 3
3. Points out that Vaccines are safe according to the WHO and the European Medicines Agency (EMA), as a licensed vaccine is rigorously tested across multiple phases of trials before its use is approved, and regularly reassessed once it is on the market;
Amendment 25 #
2017/2951(RSP)
Paragraph 4
4. Welcomes the active engagement of the Commission on the issue of vaccination and the inclusion of a Joint Action Plan on vaccination, co-funded by the EU Health Programme, in the 2018 Commission Work Programmevaccination initiative in the 2018 Commission Work Programme; welcomes the publication of the roadmap for a Council Recommendation on strengthening cooperation against vaccine preventable diseases;
Amendment 30 #
2017/2951(RSP)
Paragraph 4 a (new)
4 a. Welcomes the forthcoming launch of a Joint Action co-funded by the EU Health Programme aimed at increasing vaccination coverage;
Amendment 34 #
2017/2951(RSP)
Paragraph 5
5. Strongly supports the Joint Procurement Agreement, which gives Member States and the Commission a framework to jointly procure vaccines, thereby pooling the purchasing power of Member States, ensuring that pandemic vaccines and other vaccines are available in sufficient quantities that access to vaccines is guaranteed, and that all participating Member States are treated equally;
Amendment 42 #
2017/2951(RSP)
Paragraph 9
9. Calls on Member States to ensure that all healthcare workers are sufficiently vaccinated themselves; calls on the Commission to address the vaccination rates of healthcare workers in the Joint Action PlaCouncil Recommendation;
Amendment 58 #
2017/2951(RSP)
Paragraph 12 a (new)
12 a. Emphasises the need for inclusive, factual and science-based information to citizens; calls on the Commission and Member States to facilitate dialogue with stakeholders from civil society, grass root movements, academia, media and national health authorities in order to combat unreliable, misleading and unscientific information on vaccination;
Amendment 62 #
2017/2951(RSP)
Paragraph 13
13. Is concerned about the high prices and large differences in price of some life- saving vaccines within and outside the EU; calls on the Commission and the Member States to implement the measures called for in the European Parliament’s report of 14 February 2017 on EU options for improving access to medicines; further calls on the Commission to improve transparency in the cost of research, development and production of vaccines;
Amendment 64 #
2017/2951(RSP)
Paragraph 13
13. Is concerned about the high prices of some life-saving vaccines and that this risks further exacerbating existing health inequalities in society; calls on the Commission and the Member States to implement the measures called for in the European Parliament’s report of 14 February 2017 on EU options for improving access to medicines;
Amendment 69 #
2017/2951(RSP)
Paragraph 14 a (new)
14 a. Calls on the Commission to ensure that any development of new vaccines which receives public funding through the EU delivers more affordable end products by applying access conditions such as price ceilings or equitable licensing conditions;
Amendment 73 #
2017/2951(RSP)
Paragraph 15 a (new)
15 a. Deplores the persisting inequalities between women and men in participation in clinical trials, which may hinder medicinal research and the development of vaccines for diseases where a majority of patients are women; calls on the Commission and Member States to take measures to eliminate this discriminating gender gap;
Amendment 77 #
2017/2951(RSP)
Paragraph 16 a (new)
16 a. Is concerned by vaccine shortages and calls on the Commission and the Member States to develop solutions to increase vaccine supply and availability, including arrangements for stockpiling vaccines;
Amendment 90 #
2017/2951(RSP)
Paragraph 19
19. Calls on the Commission to facilitate a more harmonised schedule for vaccination across the EU, to share best practice, to explore with Member States options to establish an EU platform for the monitoring of the safety and effectiveness of vaccines, to ensure even coverage across Europe and reduce health inequalities;
Amendment 5 #
2017/2254(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
Amendment 6 #
2017/2254(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the proposal of a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)558 final)
Amendment 7 #
2017/2254(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the January 2017, EFSA and EMA Joint Scientific Opinion on the measures to reduce the use of antimicrobials and the need to use antimicrobials in food producing animals ('RONAFA' opinion);
Amendment 9 #
2017/2254(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the ECDC- EFSA-EMA publication which investigates the association between consumption of antimicrobials and occurrence of AMR in food-producing animals and in humans; first Joint report 2015 (JIACRA I) and second 2017 (JIACRA II);
Amendment 26 #
2017/2254(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 31 #
2017/2254(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas prudent antibiotic use and infection prevention and control in all healthcare sectors are cornerstones for effectively preventing the development and transmission of antibiotic-resistant bacteria;
Amendment 39 #
2017/2254(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas vaccinations and rapid diagnostic tools (RDT) have the potential to limit antibiotic abuse; whereas RDT allow healthcare professionals to quickly diagnose a patient with a bacterial or viral infection and, consequently, to reduce the misuse of antibiotics and the risk of resistance developing1a; _________________ 1aWHO Global guidelines on the prevention of surgical site infection (2016), available at: http://www.who.int/gpsc/ssi-guidelines/en/
Amendment 49 #
2017/2254(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas active screening programs with RDT have been proven to significantly contribute to the control of HAI and the reduction of the spread within hospitals and between patients1a _________________ 1aCelsus Academie voor Betaalbare zorg. Cost-effectiveness of policies to limit antimicrobial resistance in dutch healthcare organisations. Research report. January 2016. Available at: https://goo.gl/wAeN3L
Amendment 85 #
2017/2254(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that in order to take sufficient steps to tackle AMR, the One Health principle must play a central role, reflecting the fact that the health of people and animals and the environment are interconnected and that diseases are transmitted from people to animals and vice versa; stresses, therefore, that diseases have to be tackled in both people and animals, while also taking into special consideration the environment, which can be another source of resistant microorganisms;
Amendment 135 #
2017/2254(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to align surveillance, monitoring and reporting of AMR patterns and pathogens; calls on the Commission to draft, in consultation with EMA, EFSA, ECDC and other key stakeholders, an EU priority pathogen list (PPL) for both humans and animals, thereby clearly setting future R&D priorities;
Amendment 137 #
2017/2254(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to align surveillance, monitoring and reporting of AMR patterns and pathogens; calls on the Commission to encourage and support Member States to put in place and monitor national targets for the surveillance and reduction of AMR/HAIs;
Amendment 156 #
2017/2254(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to expand the role and funding of the ECDC, EFSA and EMA in the fight against AMR; believes that close collaboration between these EU agencies is paramount;
Amendment 172 #
2017/2254(INI)
6a. Stresses that compliance to infection control guidelines, integrating targets for infection rate reductions and supporting best practice all help address patient safety in the hospital environment;
Amendment 176 #
2017/2254(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages Member States to prevent the spread of infection by resistant bacteria by implementing active screening programs with rapid diagnostic technologies in order to quickly identify patients infected with multi-drug resistant bacteria and to put in place appropriate infection control measures (e.g. patient isolation, cohorting and reinforced hygiene measures);
Amendment 193 #
2017/2254(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission and Member States to create harmonised quality standards in EU-wide curriculafollowing the One Health approach in EU-wide curricula, to foster interdisciplinary education and proper stewardship for health professionals in relation to prescribing, dosage, use, and disposal of antimicrobials and AMR contaminated materials;
Amendment 274 #
2017/2254(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that the pollution of the environment by human and veterinaryanimal antibiotic residues is an emerging problem and encourages further research into the relative impact of this pollution on AMR;
Amendment 283 #
2017/2254(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on the Commission to appropriately address the release of pharmaceuticals into the environment and the emergence of AMR in its strategic approach to pharmaceuticals in the environment;
Amendment 305 #
2017/2254(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the Commission and Member States to revise their Codes of Good Agricultural Practice and revise relevant best available techniques under the Industrial Emissions Directive (IED) to include provisions for the handling of manure containing antibiotics/AMR microorganisms;
Amendment 311 #
2017/2254(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls on the Commission to review and revise Best Available Techniques Reference (BREF) documents under the Industrial Emissions Directive (IED) relevant to emissions from the manufacturing plants of antibiotics;
Amendment 317 #
2017/2254(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14 e. Calls on the Commission and Member States to ensure that environmental issues are introduced into the pharmacovigilance system for human pharmaceuticals and strengthened for veterinary pharmaceuticals particularly in relation to AMR;
Amendment 350 #
2017/2254(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Commission to further support its R&D effort on AMR, including global health infections defined in the Sustainable Development Goals, especially drug resistant TB as well as Malaria, HIV and NTDs, as part of the next EU Research Framework Programme, including by dedicating a specific mission in the Programme to the global fight against AMR;
Amendment 441 #
2017/2254(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes the importance of universal access to existing antibiotics, in order to ensure targeted treatment with specific antibiotics, which should be available in order to avoid the misuse of unsuitable antibiotics and the overuse of broad- spectrum antibiotics;
Amendment 443 #
2017/2254(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Calls on the Commission to take the global lead in advocating for evidence-based best practice models for early diagnosis to tackle AMR;
Amendment 3 #
2017/2127(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas according to the World Health Organisation1a people with disabilities have less access to health care services and they experience unmet health care needs because health care promotion seldom targets persons with disabilities; _________________ 1a Disability and Health Factsheet, World Health Organisation, November 2016
Amendment 18 #
2017/2127(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that access to healthcare remains a key concern with regards to ensuring optimal quality of healthcare for persons with disabilities, including persons with mental health issues; recognises that more must be done in the field of health promotion and prevention activities targeting people with disabilities, such as campaigns to increase early detection awareness for certain types of cancer including breast and cervical cancer;
Amendment 44 #
2017/2127(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that independent and community living are key factors for empowerment and that people with disabilities have the right to be in control of their lives, therefore, urges the Commission and the Member States to implement measures that can ensure good quality and personalised support for independent living;
Amendment 51 #
2017/2127(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that the European structural and investment funds have the potential to facilitate and financially support the transition from institutional care to community and independent living, urges therefore the Commission to promote and encourage the use of these funds for giving this necessary support for people with disabilities;
Amendment 6 #
2017/2087(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Commission communication “on the 2017 list of Critical Raw Materials for the EU” (COM(2017)490 final),
Amendment 7 #
2017/2087(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the Council conclusions on eco-innovation: enabling the transition towards a circular economy adopted on the 18th of December 20171a _________________ 1a http://www.consilium.europa.eu/media/32 274/eco-innovation-conclusions.pdf
Amendment 8 #
2017/2087(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
– having regard to the Emissions Gap Report 2017 issued by UN Environment on November 2017,
Amendment 30 #
2017/2087(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 68 #
2017/2087(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Further underlines the strong link between the Ecodesign Directive and the Energy Performance of Buildings Directive; a well-functioning inspections’ system under the latter Directive might favour the replacement of the inefficient installed appliances and lead to planned replacements; in this regard, calls on Member States to boost inspections and introduce support schemes to incentivise the market uptake of efficient products;
Amendment 85 #
2017/2087(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to avoid delays in the adoption and in the publication of implementing measures and recommends defining clear deadlines and milestones for their finalisation and for the revision of existing regulations;
Amendment 92 #
2017/2087(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the Commission Recommendation (EU) 2016/2125 on guidelines for self-regulation measures concluded by industry and asks the Commission to strictly monitor any voluntary agreements recognised under the Directive;
Amendment 108 #
2017/2087(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, therefore, that the implementation of the Ecodesign Directive – in addition to continued efforts to improve energy efficiency – must now address the full life -cycle of the products within its scope, with the setting up of minimum resource criteria covering, inter alia, robustness, repairability and upgradeability - taking into due account the availability of compatible spare parts over the whole life-cycle of a product -, but also sharing potential, reuse, scalability, recyclability and use, minimum content of recycled materials; , use of critical raw materials and the substitution of substances of concern;
Amendment 138 #
2017/2087(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that particular attention must be paid to water-using products where significant environmental benefits and important savings for consumers could be achieved;
Amendment 140 #
2017/2087(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Believes that the development of a 'system-approach' to consider not only the product but the whole system required for its functioning in the Ecodesign process becomes an increasingly critical success factor towards resource efficiency and urges the Commission to include more of such system-level opportunities in the next Ecodesign work programme;
Amendment 148 #
2017/2087(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates its call on the Commission to broaden the scope of the Ecodesign Directive so as to cover all main product groups, in particular those with high circularity potential and not only energy-related products;
Amendment 196 #
2017/2087(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the transition to a sustainable and circular economy will present not only many opportunities but also social challenges; as nobody should be left behind, the European Commission and the Member States should pay special attention to low-income households at risk of energy poverty, when presenting programmes to encourage the uptake of the most resource efficient products; such programmes should not hinder innovation but should continue to allow manufacturers to offer consumers a broad range of high quality products; they should also favour the market penetration of energy-related and water-using products capable of achieving greater resource efficiency and savings for consumers;
Amendment 197 #
2017/2087(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to assess the feasibility of a product passport as a tool to disclose materials and substances used in products;
Amendment 3 #
2017/2068(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Articles 1, 7, 8, 11, 21, 24,48, 49 and 52 of the Charter of Fundamental Rights of the European Union (CFR),
Amendment 12 #
2017/2068(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
Amendment 13 #
2017/2068(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data,
Amendment 21 #
2017/2068(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the ENISA’s Opinion Paper on Encryption - Strong Encryption Safeguards our Digital Identity of December 2016,
Amendment 39 #
2017/2068(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the lines between cybercrime, cyber espionage, cyber warfare, cyber sabotage and cyber terrorism are becoming increasingly blurred; whereas cybercrimes can target individuals, public or private entities and cover a wide range of offences, including privacy breaches, copyright infringement, child pornography, online incitement to hatesexual abuse online, hate speech, the dissemination of fake news with malicious intent, financial crime and fraud, as well as illegal system interference;
Amendment 48 #
2017/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2016 IOCTA reveals that cybercrime is increasing in intensity, complexity and magnitude, that reported cybercrime exceeds traditional crime in some EU countries, that it extends to other areas of crime, such as human trafficking, that there has been a growinge misuse of encryption and anonymisation tools for illegal reasons and that ransomware attacks outnumber traditional malware threats such as Trojans;
Amendment 49 #
2017/2068(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas a recent study by the National Crime Agency in the UK found that younger persons who engage in hacking activities are less motivated by money and often attack computer networks to impress friends or to challenge a political system.
Amendment 66 #
2017/2068(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the Max Schrems judgment of the CJEU highlights that mass surveillance is a breach of fundamental rights;
Amendment 79 #
2017/2068(INI)
Motion for a resolution
Recital H
Recital H
Amendment 85 #
2017/2068(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the constantly growing interconnectedness of people, places and things makes Internet of Things (IoT) devices an ideal target for cybercriminalspresents an increased risk of cybercrime as the Internet of Things (IoT) devices are often not as well protected, sometimes even not protected at all, as traditional devices connected to the internet and as such are an ideal target for cybercriminals, especially as the regime for security updates for connected devises is often patchy and sometimes lacking completely;
Amendment 94 #
2017/2068(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas it is estimated that 36 billion dollars will be invested in wireless technology for automobiles by 2018.
Amendment 98 #
2017/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the availability and integrity of not only personal data, as well as on the protection of privacy and fundamental freedoms, but also the integrity of critical infrastructure including, but not limited to, energy and electricity supply and financial structures such as the stock exchange, which could have dire consequences for societal and governmental order;
Amendment 101 #
2017/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the need to streamline common definitions of cybercrime, cyber warfare, cybersecurity, cyber harassment and cyber attacks to ensure a common legal definition is shared by the EU institutions and EU Member States.
Amendment 105 #
2017/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of the legal measures taken at European level to harmonise the definition of offences linked to attacks against information systems as well as to child sexual abuse and exploitation online and to oblige the Member States to set up a system for the recording, production and provision of statistical data on these offences;
Amendment 121 #
2017/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 127 #
2017/2068(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; believes that such challenges are harder to overcome if the potential of new technologies is seen as a threat; believes that communities which engage in ICT activities should be encouraged to join in the fight against cybercrime through the encouragement of ‘white-hat hacking’.
Amendment 131 #
2017/2068(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 140 #
2017/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users deploy the same techniques to conceal their criminal activities and identitiesbetter protection of data and communications, but points out that there are still notable gaps in securing communications and introducing end-to-end encryption to minimise the attack surface for malicious abuse;
Amendment 149 #
2017/2068(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to step up their efforts in relation to victim identification and victim-centred services;, and calls on the Commission to issue a study as to the implications of cross- border cybercrime on Directive 2012/29/EU.
Amendment 162 #
2017/2068(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Stresses that there is a legitimate and strong need to protect communications between individuals and between individuals and public and private organisations in order to prevent cybercrime; highlights therefore that strong cryptography provides for this necessity; further stresses that limiting the use of or weakening the strength of the cryptographic tools will create vulnerabilities that can be used for criminal purposes, lower trust in electronic services, which, in turn, will damage civil society and industry alike;
Amendment 174 #
2017/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience and cyber-risk management through innovation and capacity building;
Amendment 185 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission and Member States to set up a high-level working group on Cyber Security Strategies for the Energy Sector in order to regularly assess the various threats posed due to the expansion of intelligent networked devices throughout the energy distribution system and the increasing number of accessible targets within the smart energy ecosystem.
Amendment 186 #
2017/2068(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the Member States to set up a system of exchange of information which obliges mandatory reporting on security incidents, so that Member States are regularly informed of security incidents and measures that can be taken in order to combat and mitigate the risk to their own systems.
Amendment 187 #
2017/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned by the Europol finding that the majority of successful attacks on individuals are attributable to a lack of user-awareness, as well as insufficient securitytechnical security measures;
Amendment 212 #
2017/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, fix existidentify vulnerabilities and risks through regular assessments, protect their products and services by fixing vulnerabilities found in their products or services and consistently reporting cyber- attacks;
Amendment 228 #
2017/2068(INI)
Motion for a resolution
Subheading 3
Subheading 3
Enhancing responsibility and liability of the service providers
Amendment 230 #
2017/2068(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers enhanced cooperation with service providers to be a key factor in accelerating and streamlining mutual legal assistance and mutual recognition procedures, within the remits provided for by the European legal framework;
Amendment 238 #
2017/2068(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers;t is in the interests of developers of innovative software and hardware producers to invest in solutions to prevent cybercrime; in this context, encourages the private sector to implement voluntary measures, aligned with internationally recognized standards aimed at bolstering trust in the security of software and devices, such as the IoT trust label, developed on the basis of relevant EU legislation such as the NIS Directive;
Amendment 250 #
2017/2068(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 257 #
2017/2068(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages Member States to work with Service Providers in order to ensure efficient “take downs” by the industry of illegal content, rather than blocking measures by Governments.
Amendment 260 #
2017/2068(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 276 #
2017/2068(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 284 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. UnderlinBelieves that issues related to illegal on-line content should be removed immediately;must be tackled in an efficient manner through takedown procedures welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platformcompetent authorities and digital service providers to respond quickly and effectively; further underlines the necessity to improve cooperation between competent authorities in exchanging the relevant information, especially between authorities of different Member States;
Amendment 304 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperativn the limited circumstances where such access is necessary and proportionate for reasons of security and justice;
Amendment 311 #
2017/2068(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 318 #
2017/2068(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that lawful hacking mustcan be a measure of last resort, which has to behighly effective measure to combat unlawful hacking, on condition that it is necessary, proportionate, and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the authorisation process for lawful hacking activities, including restrictions on the use and duration of lawful hacking tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these hacking activities; and encourages Member States to engage with such communities in order to encourage those who engage in various ICT activities to take a more active role in ‘white hat’ hacking and the reporting of illegal content, such as child sexual abuse material
Amendment 322 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Encourages Europol to put together an anonymous reporting system within the Darknet, which will allow persons to report illegal content, such as depictions of child sexual abuse material, to authorities using the same technical safeguards implemented by many press organisations who use similar systems to facilitate the exchange of sensitive data to journalists in a way which allows for a greater degree of anonymity and security than is afforded by conventional e-mail.
Amendment 324 #
2017/2068(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Encourages Member States to ensure that Victims of individual cyber- attacks can fully benefit from all of the rights enshrined in Directive 2012/29/EU.
Amendment 326 #
2017/2068(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 335 #
2017/2068(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the patchwork of separate, territorially defined national jurisdictions causes difficulties in determining the applicable law in transnational interactions and gives rise to legal uncertainty, thereby preventing cooperation across borders, which is necessary to deal efficiently with misuses online;cybercrime
Amendment 345 #
2017/2068(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that a common European approach to criminal justice in cyberspace is a matter of priority, as it will improve the enforcement of the rule of law in cyberspace and facilitate the obtaining of e-evidence in criminal proceedings;
Amendment 356 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from respond in accordance with Regulation 2016/679, directive 2016/680 and by taking into foreign law enforcement requests;account the MLA agreements
Amendment 360 #
2017/2068(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 370 #
2017/2068(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 402 #
2017/2068(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Highlights the importance of the conclusions of a future EU-US Umbrella agreement and stresses that the EU cannot accept sub-standard provisions when it comes to the Privacy Shield; Urges any EU decision on improved cooperation with third countries to take into account ECJ Judgement Case C- 362/141a _________________ 1aReference: Maximillian Schrems v Data Protection Commissioner (Case C- 362/14)"
Amendment 148 #
2017/2055(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to assist in developing regional solutions and to promote national actions to address marine litter with the aim of eliminating it; to help set up pilot projects to collect marine litter through beach clean-ups and fishing for litter campaigns, and to provide financial support to fishermen in Europe for the collection of marine litter;
Amendment 154 #
2017/2055(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Member States to promote resource efficiency, recycling and awareness raising about marine litter through national awareness campaigns, educational programmes and collaboration between schools and universities on these issues;
Amendment 235 #
2017/2055(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the role that natural gas, in particular LNG could play in the transition towards the decarbonisation of the transport sector, especially with regard to shipping, by helping to reduce CO2 emissions and air pollutants;
Amendment 236 #
2017/2055(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that shore-side power has a key role to play in greener shipping as it allows ships to turn off their engines and plug into an electrical grid to produce electricity for hoteling, unloading and loading activities while in ports and at berth; calls on the Commission and Member States to step up their efforts to encourage and support the use of shore- side electricity to all ships visiting European ports, eliminating this way ship engine emissions in port waters, reducing pollutants and greenhouse gas emissions, as well as reducing noise, vibration and engine wear-and-tear;
Amendment 245 #
2017/2055(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of developing innovative services for public and private actors in order to obtain a good knowledge of the environmental status of marine waters; welcomes, in this context, the full operability of the Copernicus Marine Environment Monitoring Service and the intergovernmental Group on Earth Observations (GEO); and urges the Commission to establish Copernicus- based capacities to monitor greenhouse gas emissions, including CO2, as it would have great added value to our fight against climate change;
Amendment 247 #
2017/2055(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes with concern that small islands are highly vulnerable to coastal erosion since their coastal environments might be heavily impacted by sea-level rise, water cycle and marine ecosystem trends due to climate change; emphasizes that existing large European data assembly centres do not contain sediment mass balance data sets required to understand coastal changes and erosion at small islands scale; stresses, therefore, the urgent need to develop and use innovative, state-of-the-art technologies to collect, evaluate and monitor coastal erosion, coastal and marine conditions and environmental parameters of small EU islands; calls on the Commission and Member States to support such projects;
Amendment 82 #
2017/2052(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to further support research and innovation on alternatives to animal testing, and to allocate more financial resources to R&D projects carried out in the EU; asks the Commission and Member States to continue to fund the development of alternatives and to work within international structures to speed up the validation and acceptance of alternative methods and to support third countries financially and with knowledge transfer where scientists may lack awareness of alternative methods and testing facilities may lack the necessary infrastructure.
Amendment 173 #
2017/2044(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recalls the 2013 Fox-Häfner report, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; notes the finding that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;
Amendment 1 #
2017/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that regions and cities have already shown their commitment to combating climate change as major contributors to the LPAA and NAZCA initiatives; welcomes initiatives such as the EU Covenant of Mayors and the Under 2 Degrees Memorandum of Understanding and believes that the contribution of such initiatives should be acknowledged and encouraged by subnational and national governments as well as intergovernmental organisations;
Amendment 11 #
2017/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the fact that cities, companies and other non-state actors have a mitigation potential in the range of 2.5-4 billion tons of CO2 by 20201a, more than India emits a year, and that this is similar in magnitude to the 4-6 billon tons the UN projects the INDCs adopted in Paris will cut by 2030, a decade later; __________________ 1a GGCA report, December 2015
Amendment 14 #
2017/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the Article 7(2) of the Paris Agreement recognises that "adaptation is a global challenge face by all with local, subnational, national, regional and international dimensions (...)";
Amendment 18 #
2017/2006(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that non-state actors are becoming a core element of the post- Paris climate regime and the UNFCCC process; stresses that they could make valuable contributions to the facilitative dialogue, the global stocktakes and could contribute to a more effective review process under the Paris Agreement;
Amendment 44 #
2017/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that extreme weather events, such as heatwaves, heavy storms, floods and droughts, are expected to affect many parts of Europe more frequently, making people and ecosystems more vulnerable as long as no adaptation measures are taken;
Amendment 104 #
2017/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the Intergovernmental Panel on Climate Change’s decision to draft a special report on cities and climate in 2023, and c. This commitment will drive increased research on the importance of cities in combatting climate change. Calls on the Commission to take an active part in its drawing-up and to champion a multi- level territorial vision of climate action.
Amendment 195 #
2017/0352(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 201747 , the European Parliament called for proposals to improve and develop existing EU information systems, address information gaps and move towards their interoperability, as well as proposals for compulsory information sharing at EU level, accompanied by the necessary data protection safeguards. Such safeguards should include the prevention of unauthorized access and sharing of data with unauthorized authorities, logging access and usage by authorized users, the implementation of minimum quality standards, ensuring the right to effective remedy and the practical possibility to rebut false assumptions and inaccurate data held by the relevant authorities. _________________ 47 European Parliament resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (2016/2773(RSP).
Amendment 197 #
2017/0352(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In his Opinion 4/2018 of 16 April 20181a, the European Data Protection Supervisor emphasised that the decision to make large scale IT systems interoperable would not only permanently and profoundly affect their structure and their way of operating, but would also change the way legal principles have been interpreted in this area so far and would as such mark a ‘point of no return’. _________________ 1a http://edps.europa.eu/sites/edp/files/public ation/2018-04- 16_interoperability_opinion_en.pdf
Amendment 198 #
2017/0352(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In its Opinion of 11 April 20182a, the Article 29 Data Protection Working Party reiterated that the process towards interoperability of systems raises fundamental questions regarding the purpose, necessity, proportionality of the data processing as well as concerns regarding the principles of purpose limitation, data minimization, data retention and clear identification of a data controller. _________________ 2a http:// ec.europa.eu/newsroom/article29/docume nt.cfm?action=display&doc_id=51517
Amendment 201 #
2017/0352(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With a view to improve the management of the external borders, to facilitating regular border crossings, to contribute to preventing and combating irregular migration, and to contribute to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in the, to assist in the prevention, detection and investigation of territoriest of the Member Statfences or other serious criminal offences, interoperability between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in sorder foar these EU information systems and their data to supplement each otheras that is possible while respecting the fundamental rights of the individual, in particular, the right to protection of personal data. To achieve this, a European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.
Amendment 203 #
2017/0352(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each communicate with one another in order to facilitate the correct identification of persons, at external borders, for the purpose of applications of international protection, or in the context of the prevention, detection and investigation of serious criminal offences - including terrorist offences, to contribute to fighting identity fraud, to improve and harmonise data quality requirements of the respective EU information systems, to facilitate the technical and operational implementation by Member States of existing and future EU information systems, to strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, in particular by ensuring that all Union data protection rules are applicable to all the information systems, and to streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 209 #
2017/0352(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The interoperability components should cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system]. They should also cover the Europol data to the extent of enabling ithat data to be queried simultaneously with these EU information systems.
Amendment 212 #
2017/0352(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The interoperability components should concern persons in respect of whom personal data may be processed in the EU information systems and by Europol, namely third-country nationals whose personal data is processed in the EU information systems and by Europol, and to EU citizens whose personal data is processed in the SIS and by Europol. Interoperability should not concern EU citizens.
Amendment 216 #
2017/0352(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European search portal (ESP) should be established to facilitate technically the ability of the authorised Member State authorities and EU bodies to have a controlled yet fast, seamless, and efficient, systematic and controlled access to the EU information system access to the relevant EU databases, theo Europol data and theo Interpol databases needed toin so far as this is necessary for the performance of their tasks, and in accordance with their access rights, and to. In that way, the ESP should support the objectives of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS-TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systemdatabases in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.
Amendment 221 #
2017/0352(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fast and systematiceamless use of all EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.
Amendment 224 #
2017/0352(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. However, biometric data constitute sensitive personal data. This regulation should therefore lay down the basis for and the safeguards for processing of such data for the purpose of uniquely identifying the persons concerned. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components, without duplicating either the storage of the biometric or the storage of biometric templates. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating, allow for a cross-system comparisons usingof those biometric data and enabling economies of scale in developing and maintaining the EU central systemstemplates using biometric data.
Amendment 226 #
2017/0352(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 230 #
2017/0352(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The systems established by Regulation (EU) 2017/2226 of the European Parliament and of the Council54 , Regulation (EC) No 767/2008 of the European Parliament and of the Council55 , [the ETIAS Regulation] for the management of the borders of the Union, the system established by [the Eurodac Regulation] to identify the applicants for international protection and combat irregular migration, and the system established by [the ECRIS-TCN system Regulation] require in order to be effective to rely on the accurate identification of those third-country nationals whose personal data are stored therein. _________________ 54 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20–82). 55 Regulation (EC) No 767/2008 of the Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 231 #
2017/0352(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 236 #
2017/0352(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to thelp correctly identification ofy third-country nationals. The common identity repository (CIR) shouldEach individual information system should continue to store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separationquired under their founding regulations. This information will be made interoperable by virtue of the European Search Portal, the Biometric Matching Service and the Multiple Identity Detector.
Amendment 240 #
2017/0352(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identificIn order to ensure respect for the principles of purpose limitation and of data minimisation tha, it is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals isneither necessary nor proportionate to stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systems.data in an additional repository above and beyond the information systems which are to be made interoperable
Amendment 243 #
2017/0352(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 245 #
2017/0352(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 248 #
2017/0352(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 253 #
2017/0352(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 256 #
2017/0352(COD)
(27) In order to ensureassist in the correct identification of a person, Member State authorities competent forwhere a travel document or other identity document preoventing and combating irregular migration ands insufficient or is unavailable, Member State competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identityEuropean Search Portal (ESP) or the shared Biometric Matching Service (sBMS) and the underlying Union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check.
Amendment 261 #
2017/0352(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 266 #
2017/0352(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR)ESP or the sBMS, subject to the physical presence of the individual concerned, and laying down the procedures, conditions and criteria of such identity checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identitSuch an identity check in respect of third-country nationals should be permitted only cwheck of a person present beforere comparable procedures under equivalent conditions exist in the mMember of those authorities should be provided for by national legislative measureState concerned for Union citizens.
Amendment 269 #
2017/0352(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case. where there are reasonable grounds to consider that consultation will substantially contribute to the prevention, detection or investigation of the criminal offences in question; in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in the EES, the VIS, the ETIAS and the Eurodac system. Such streamlined access will be provided after a prior search in the national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched
Amendment 270 #
2017/0352(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not always know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays anerefore, following the necessary checks in national databases and where a query of the automated finefficiencies in the conduct of gerprint identification system of the otheir tasks. TMember States under Decision 2008/615/JHA has been launched, the end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 274 #
2017/0352(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Where such a search is carried out, a hit should not be interpreted as a ground or reason to draw conclusions about or undertake measures towards a person, but may be used only for the purpose of submitting an access request to the underlying EU information systems, subject to the conditions and procedures laid down in the respective legislative instruments governing such access. Any such act will be subject to the provisions measures set out in Chapter VII and the safeguards provided for in Regulation EU2016/679, Directive 2016/680 or Regulation EC 45/2001.
Amendment 277 #
2017/0352(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The logs of the queries of the common identity repositoryEU information systems should indicate the purpose of the query. Where such a query was performed using the two- step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.
Amendment 279 #
2017/0352(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The query of the common identity repository (CIR)EU information systems by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag wshould not reveal personal data of the concerned individual other thanonly an indication that some of his or her data are stored in one of the systems, provided the authority making the search has access to that system. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit-flag, and the hit-flag should be used by the relevant authorities only for the purpose of deciding which database to query. Access by the end-user of a hit-flag would therefore realise a very limitedconstitute an interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing and therefore should comply with the principles of necessity and proportionality.
Amendment 283 #
2017/0352(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable, using the European Search Portal or the shared Biometric Matching Service should enable the relevant authority to identifying the information system that knows the person in one single searchsuspect, perpetrator or suspected victim in one single search, following the necessary checks in national databases and once a query of the automated fingerprint identification system of other Member States under Decision 2008/615/JHA has been launched. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system (‘AFIS’) of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a priin national databases and AFIS which were designed specifically for preventing, detecting and investigating terrorist offences or other serious criminal offences before searching in othe automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply oncr EU information systems which do not have that as their primary purpose the alternative safeguard of the two- step approach to law enforcement access through the CIR has become operational. lps to ensure the necessity and proportionality of such a search.
Amendment 287 #
2017/0352(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS- TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.
Amendment 288 #
2017/0352(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The possibility to achievo better realise the objectives of the EU information systems is undermined by the current inability for, the authorities using theose systems should be able to conduct sufficiently reliable verifications of the identities of the third-country nationals whose data are stored in different systems. That inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent, incorrect, or incomplete of fraudulent, and that there is currently no possibility to detect such fraudulent,way of detecting incorrect or, incomplete or fraudulent identity data by way of comparison with data stored in another system. To remedy this situation it is necessary to have a technical instrument at Union level allowing accurate identification of third-country nationals for these purposes.
Amendment 292 #
2017/0352(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The creation of those links constitutes automated decision-making as referred to in Regulation (EU) 2016/679 and in Directive(EU) 2016/680 and therefore requires transparency towards the individuals affected and the implementation of necessary safeguards in accordance with EU data protection rules. The MID should only contain the links between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and inEES, the VIS, [the ETIAS], Eurodac or the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.
Amendment 294 #
2017/0352(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation provides for new data processing operations aimed at identifyingensuring the correct identification of the persons concerned correctly. This constitutes an interference with their fundamental rights as protected by Articles 7 and 8 of the Charter of Fundamental Rights. Since the effective implementation of the EU information systems is dependent upon correct identification of the individuals concernedit is necessary to correctly identify those persons in order to fully realise the objectives of those EU information systems, such interference is justified by those same objectives ofor which each of those systems have been established, the effectively management ofing the Union's borders, theproviding internal security ofin the Union, the effectively implementation ofing the Union's asylum and visa policies and the fight againstcombatting irregular migration.
Amendment 297 #
2017/0352(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR)the EES, the VIS, [the ETIAS], Eurodac and the SIS on persons when new records are created by a national authority or an EU body. Such a comparison should be automated. The CIR and the SISose EU information systems should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS and should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SISose EU information systems should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SISNew interoperability components should be configured in such a wayso that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concernedor interference with the fundamental rights of the third-country national. concerned
Amendment 300 #
2017/0352(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The national authority or EU body that recorded the new data in the respective EU information system should confirm or change these links. This authority should have access to the identity data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID)ose EU information systems for the purpose of the manual identity verification.
Amendment 303 #
2017/0352(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one of the relevant EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links, where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner, or where the linked data has similardifferent identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner. Where the linked identity data isare not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.
Amendment 305 #
2017/0352(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system as described in this Regulation in full respect of access rights granted under Union and national law. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possibleonly in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 307 #
2017/0352(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) FBy way of derogation, for the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].
Amendment 309 #
2017/0352(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should be responsible tofor developing a central monitoring capacity for data quality, and tofor produceing regular data analysis reports to improve the control ofsupervision of the Member States’ implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 313 #
2017/0352(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective tof facilitateing interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 317 #
2017/0352(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A central repository for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes in line with the objectives of the underlying systems and inconformity with their respective legal bases. eu-LISA should establish, implement and host the CRRS in its technical sites. The CRRS should containing only anonymous statistical data from the above-menrelevant EU informationed systems, the common identity repository, the multiple-identity detector and the shared biometric matching service (shared BMS). The data contained in the CRRS should not enableallow for the identification of individuals. eu- LISA should immediately render the data anonymous and should record only such anonymousised data in the CRRS. The process for rendering the data anonymous should be automated and no direct access by eu- LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.
Amendment 318 #
2017/0352(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, whenin which case Directive (EU) 2016/680 of the European Parliament and of the Council should apply.
Amendment 319 #
2017/0352(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 326 #
2017/0352(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) The costs for the development of the interoperability components projected under the current Multiannual Financial Framework are lower than the remaining amount on the budget earmarked for Smart Bremaining amount on the budget earmarked for developing IT systems supporting the management of migration flows across the external borders in Regulation (EU) No 515/2014 of the European Parliament and the Council57. Accordingly, should be reallocated to this Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should reallocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 57 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 329 #
2017/0352(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order to supplement certain detailed technical aspects of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, power should be delegated to the Commission in respect of the profiles for the users of the European search portal (ESP) and the content and format of the ESP replies,the content and format of the ESP replies, the procedures to determine the cases where identity data can be considered as identical or similar, and the rules on the operation of the Central Repository for Reporting and Statistics, including specific safeguards for processing of personal data and security rules applicable to the repository. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201658 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member State experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2016. 123.01.0001.01.ENG.
Amendment 330 #
2017/0352(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; the operation of the central repository for reporting and statistics; and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council59 . _________________ 59 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 332 #
2017/0352(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 334 #
2017/0352(COD)
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60a) This Regulation should contain clear provisions on liability and right to compensation for unlawful processing of personal data or from any other act incompatible with it, without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive EU 2016/680 and Regulation EU45/2001. With regard to EU-LISA as a data processor, it should be responsible for the damage provoked, if and where it does not comply with the specific obligations of this Regulation, or where it has acted outside or contrary to lawful instructions of the Member State designated as the data controller.
Amendment 335 #
2017/0352(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) As interoperability components will involve the processing of significant amounts of sensitive personal data, it is important that persons whose data is processed through those components can effectively exercise their rights as data subjects as laid down in Regulation (EU) 2016/679, Directive (EU) 680/2016 and Regulation (EC) No 45/2001. In that regard, in the same way as Member State authorities have been provided with a single portal to carry out searches of EU information systems, so data subjects should be provided with a single web service through which they can exercise their rights to access, rectification, erasure and restriction. eu.LISA should establish such a web service and host it in its technical site. As eu.LISA is not responsible for the entry of personal data or the verification of identities, the request should be transmitted via the web service to either the Member State responsible for the manual verification of different identities or the Member State responsible for the entry of the data into the underlying information system.
Amendment 336 #
2017/0352(COD)
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Article 8 (2) of the European Convention on Human Rights states that any interference with the right to respect for private life, must pursue a legitimate aim and must be both necessary and proportionate except in such cases when, in accordance with the law such an action is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Amendment 337 #
2017/0352(COD)
Proposal for a regulation
Recital 68 b (new)
Recital 68 b (new)
(68b) Article 52(1) of the Charter of Fundamental Rights states that any limitation on the exercise of rights and freedoms recognised by the Charter must be provided for by law and respect the essence of those rights and freedoms and be subject to the principle of proportionality. Limitations may be made only if they are necessary if they genuinely meet the objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 338 #
2017/0352(COD)
Proposal for a regulation
Recital 68 c (new)
Recital 68 c (new)
(68c) One of the core principles of data protection is data minimisation as highlighted in Article 5 (1)(c) of the GDPR1a which states that the processing of personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed _________________ 1a REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Amendment 339 #
2017/0352(COD)
Proposal for a regulation
Recital 68 d (new)
Recital 68 d (new)
Amendment 342 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, and the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherto be interoperable.
Amendment 347 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 357 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. By ensuring interoperability, the purpose of this Regulation shall have the following objectivesbe to support the objectives referred to respectively in Article 6 of Regulation (EU) 2017/226; Articles 2 and 3 of Regulation (EC) No 767/2008;Article 4 of Regulation (EU) 2018/xxx [ETIAS Regulation]; Article 1 of Regulation(EU) No 603/2013; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation]; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks]; Article 3 of Regulation (EU) 2018/xxx [on the use of the Schengen Information System for the return of illegally-staying third-country nationals], and Article 2 of [the ECRIS- TCN] Regulation; and in particular:
Amendment 358 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to improve the management ofenhance the effectiveness and efficiency of border checks at the external borders;
Amendment 361 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to contribute to preventing and combatingthe management of irregular migration flows;
Amendment 363 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) to facilitate the smooth entry into the Union of bona fide third-country travellers;
Amendment 370 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Those objectives of ensuring interoperability shall be achieved by:
Amendment 372 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring the correct identification of persons;third country nationals
Amendment 375 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) contributing to fighcombatting identity fraud;
Amendment 380 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems;, without prejudice to the special protection and safeguards afforded to certain categories of data.
Amendment 385 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining thensuring the necessary and proportionate conditions for law enforcement access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 393 #
2017/0352(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1 and in the Europol data referred to in paragraph 2, only for the purposes as defined in the underlying legal basis for those information systems.
Amendment 401 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19
Article 4 – paragraph 1 – point 19
(19) ‘Europol data’ means personal data providcessed toby Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794;
Amendment 403 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
(21) ‘match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database;
Amendment 404 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 25
Article 4 – paragraph 1 – point 25
(25) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
Amendment 406 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 35
Article 4 – paragraph 1 – point 35
Amendment 415 #
Amendment 419 #
2017/0352(COD)
Amendment 423 #
2017/0352(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
One year after the date of entry into force of this legislation, the Commission shall conduct an ex-post evaluation which aims at assessing the impact of interoperability on the right to non-discrimination
Amendment 425 #
2017/0352(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission should be empowered, through a delegated act, to task EU-LISA with the development of pop-up alerts within the system which would help end- users identify when matches have a higher risk of being false, and would thus require manual verification to ascertain if the match is correct or not.
Amendment 427 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of those EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol dataU information systems and of the SIS and with their access rights under the relevant legal basis.
Amendment 433 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector.
Amendment 434 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. eu-LISA shall develop the ESP and ensure its technical management. It shall not, however, have access to any of the personal data processed through the EPS.
Amendment 437 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The use of the ESP shall be reserved to the Member State authorities and EU bodies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.
Amendment 439 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The authorities referred to in paragraph 1 shall use the ESPWhere they are required under Union law to search data related to persons or their travel documents in the central systems of Eurodac and [the ECRIS-TCN system] in accordance with their accEES, the VIS and [the ETIAS], the authoritiess rights under Union and national law. Theyeferred to in paragraph 1 shall also use the ESP to query the CIRsearch such data in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22Union and national law.
Amendment 442 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The EU bodWhere they are so required under Union law, EU Agencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.
Amendment 445 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. TWhere so required under Union or national law, the authorities referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Europol data in accordance with their access rights under Union and national law.
Amendment 446 #
2017/0352(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The data owners referred in this article shall not be notified that a search has taken place.
Amendment 450 #
2017/0352(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the purpose of the use of ESP by this category of user;
Amendment 452 #
2017/0352(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. eu-LISA shall review regularly – and at least once a year after their creation - the user profiles referred to in paragraph one, and shall update and delete those profiles where necessary.
Amendment 455 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] and the CIR as well as the Europol databases and the Interpol databases.
Amendment 461 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector, as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.
Amendment 462 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query, or any other data, is not shared with the owners of Interpol data. As regards to data on individuals registered in Eurodac, it must be ensured that the database owner does not receive information on whether their databases have been queried through the ESP.
Amendment 466 #
2017/0352(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongsThe ESP shall provide no information regarding data in information systems to which the user has no access under Union law.
Amendment 477 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 480 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.
Amendment 484 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.
Amendment 488 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 492 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates andhall be established to enablinge querying with biometric data across several EU information systems is established for the purposes of supporting the CIR, the SIS, and the multiple-identity detector and to support the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS- TCN system].
Amendment 495 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a central infrastructure, including a search engine and the storage of the data referred to in Article 13;
Amendment 498 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a secure communication infrastructure between the shared BMS, Central-SIS, the EES, the VIS, EURODAC and [the CIRECRIS-TCN system].
Amendment 500 #
2017/0352(COD)
3. eu-LISA shall develop the shared BMS and ensure its technical management. It shall not, however, have access to any of the personal data processed through the shared BMS.
Amendment 501 #
2017/0352(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 519 #
2017/0352(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
In order to search the biometric data stored within the CIR andEES, the SVIS, the CIR and the SIEURODAC, [the ECRIS-TCN system] and the SIS, the shared BMS shall uscompare the biometric templatesdata stored in the shared BMSunderlying systems for a match. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation].
Amendment 522 #
2017/0352(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 531 #
2017/0352(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 534 #
2017/0352(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 540 #
2017/0352(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 547 #
2017/0352(COD)
Proposal for a regulation
Article 19
Article 19
Adding, amending and deleting data in the common identity repository 1. deleted in Eurodac or [the ECRIS-TCN system], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. Where the multiple-identity detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.rticle 19 deleted Where data is added, amended or
Amendment 551 #
2017/0352(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Access to the common identity repositoryUse of the ESP and shared BMS for identification
Amendment 552 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority is unable to identify a person on the basis of his/her travel document, or of another credible document proving his/her identity, or with the identity data provided by that person in accordance with rules and procedures laid down in national law, and where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, in the presence of that person, and solely for the purpose of identifying athat person, query the CIR with theESP or the shared BMS with the biographical or biometric data of that person taken during anthe identity check.
Amendment 556 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIREU information systems or the SIS, the Member States police authority shall have access to consult the following data: (a) the data referred to in [Article 18(1)6(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) the data referred to in Article 9(4)(a) to (c), (5)and (6) of Regulation (EC) No767/2008; and (c) [the data referred to in Article 15(2)(a) to (e) of the ETIAS Regulation].
Amendment 558 #
2017/0352(COD)
Amendment 563 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). TWithout prejudice to the first subparagraph of paragraph 1, they shall designate the police authorities competent and lay down the procedures, conditions and criteria ofor such checks.
Amendment 567 #
2017/0352(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Access to the common identity repositoryEU information systems for the detection of multiple identities
Amendment 568 #
2017/0352(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where a query of the CIRcarried out in accordance with Article 20 results in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to athat yellow link.
Amendment 569 #
2017/0352(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a query of the CIRcarried out in accordance with Article 20 results in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.
Amendment 572 #
2017/0352(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Querying the common identity repositoryEU information systems for law enforcement purposes
Amendment 573 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes ofWhere there are reasonable grounds to believe that consultation of EU information systems will substantially contribute to the preventiong, detecting andon or investigatingon of the terrorist offences or other serious criminal offences, in a specific case and in order particular where there is a substantiated suspicion that the suspect, perpetrator obtain information on whether data on a specific person is present in Eurodacr victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in [the EES], the VIS, [the ETIAS] or the Eurodac system, and where a prior search in national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched, the Member States designated authorities and Europol may consult the CIR. use the ESP and the shared BMS in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS]
Amendment 575 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The central access points established in Article 50(2) [ETIAS Regulation], Article29(3) of Regulation (EU) 2017/2226 and Article 3(2) of Regulation 767/2008 shall monitor the use made of the possibility provided for in paragraph 1. For that purpose, regular ex-post evaluations of this possibility shall be made and used for self-monitoring as referred to in Article 45. The central access points shall transmit a report to the supervisory authorities referred to in Article 49 every two years on the use made of this provision.
Amendment 577 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member State designated authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consultusing the CIRESP or shared BMS for the purposes listed in paragraph 1.
Amendment 578 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in reply to a query the CIRESP or the shared BMS indicates that data on that person is present in the Eurodac, the CIRESP or shared BMS shall provide to Member States' designated authorities andor to Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in the second subparagraph of Article 18(220(1). The CIRESP or shared BMS shall reply in such a way that the security of the data is not compromised. The reply indicating that data on a subject is present in any system may be used only for the purpose of submitting an access request, subject to the conditions and procedures laid down in the respective legislative instruments governing such access.
Amendment 582 #
2017/0352(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 585 #
Amendment 599 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) is established to creatinge and storinge links between data in the EU information systems included in the common identity repository (CIR) and the SIS, and as a consequence to detecting multiple identities, with the dual purpose ofin order to facilitatinge identity checks and combating identity fraud, is established for the purpose ofand thus in order to supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 601 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) a secure communication infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIR.EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system
Amendment 602 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. eu-LISA shall develop the MID and ensure its technical management. It shall not, however, have access to any of the personal data processed through the MID.
Amendment 607 #
2017/0352(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e
Article 26 – paragraph 1 – point e
(e) the SIRENE Bureaux of the Member State creating or updating a [Regulation on SIS in the field of law enforcement or Regulation on SIS in the field of illegal return];
Amendment 608 #
2017/0352(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32, only indicating a reference to the information systems to which Member States authorities and EU agencies have access respective of the access rights under Union and national law.
Amendment 611 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. A multiple-identity detection in the common identity repository and theEU information systems and SIS shall be launched where:
Amendment 612 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) The multiple-identity detection using the data referred to in paragraph 1(c) shall be launched only where an application file in ETIAS can be verified against an individual file in the EES.
Amendment 613 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR)at information system and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the new biometric templatesdata obtained from any new biometric data to thethe relevant information system against any biometric templatesdata already contained in the shared BMSother information systems in order to verify whether or not data belonging to the same third-country national is already stored in the CIR or in the Central SISanother information system.
Amendment 615 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. In addition to the process referred to in paragraph 2, the CIRinformation system and the Central- SIS shall use the European search portal to search the data stored in the CIRall the EU information systems and the Central-SIS using the following data:
Amendment 619 #
2017/0352(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Where the query laid down in Article 27(2) and (3) reports one or several hit(s), the common identity repository andEU information systems concerned including, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit.
Amendment 620 #
2017/0352(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)Article 63. Such acts must be designed in a manner that ensures the protection of persons with multiple lawful identities against discrimination.
Amendment 625 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point e
Article 29 – paragraph 1 – subparagraph 1 – point e
(e) the SIRENE Bureaux of the Member State for hits that occurred when creating or updating a SIS alert in accordance with the [Regulations on SIS in the field of law enforcement and on SIS in the field of illegal return];
Amendment 626 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
The multiple-identity detector shall indicate the authority responsible for the verification of different identities in the identity verification file. The authority adding the last data that triggered the link as referred to in Article 30, shall be responsible for the verification of the different identities. In the absence of access rights to be informed of such a link, a competent authority of the Member State having added the last data triggering the link and having access rights to the link data will be informed in an automatic manner as to undertake verification of the different identities in the identity verification confirmation file.
Amendment 627 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2 a (new)
Article 29 – paragraph 1 – subparagraph 2 a (new)
The authority responsible shall verify the identity as soon as possible and, in any event, within eight hours. If verification proves impossible, the border authorities shall carry out the verification when the person concerned next enters or exits an external border.
Amendment 628 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
Amendment 629 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f a (new)
Article 29 – paragraph 2 – point f a (new)
(fa) Where the SIRENE Bureau is responsible for manually verifying different identities but has not been involved in the addition of the new identity data, which has given rise to a yellow link, it shall be informed immediately by the relevant authority which added the new identity data. The SIRENE Bureau shall carry out the manual verification of different identities as soon as possible and, in any event, within eight hours.
Amendment 632 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 4, the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repositoryrelevant information systems and, where relevant, in the SIS, and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay.
Amendment 634 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The verification of different identities shall, as a rule, take place in the presence of the person concerned who should be offered the opportunity to explain the circumstances to the authority responsible, which should take those explanations into account.
Amendment 635 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where more than one link is obtained, the authority responsible for the verification of different identities shall assess each link separately. The authority responsible must ensure that the data subject is given the possibility to explain plausible reasons why there may be contradicting information within the different IT systems.
Amendment 636 #
2017/0352(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. The authority responsible for the manual verification of multiple identities must also assess whether there are plausible arguments presented by the third country national when deciding on the colour of the links. Such assessment should be performed, where possible, in the presence of the third-country national and, where necessary, by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 639 #
2017/0352(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the linked data has different identity data, there is no biometric data to compare, and no manual verification of different identity has taken place.
Amendment 643 #
2017/0352(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Where the common identity repository (CIR) or the SISrelevant information systems are queried and where a green link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.
Amendment 647 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner;
Amendment 648 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner.
Amendment 650 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the CIR or the SIS are queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. , only indicating a reference to the information systems to which Member State authorities and EU agencies have access respective of the access rights under Union and national law. Follow-up to a red link shall take place in accordance with Union and national law, basing any legal consequence for the person only on the relevant data on that person and not on the red link itself. No legal consequence for the person or persons concerned shall derive solely from the existence of a red link.
Amendment 651 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 652 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 656 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. Where a Member State authority or EU body with access to one of the EU information systems or the SIS obtains evidence showing that a red link recorded in the MID is inaccurate or that the data processed in the MID, the relevant EU information systems and the SIS were processed in breach of this Regulation, that authority shall, where the link relates to EU information systems either rectify or erase the link from the MID immediately, or where the link relates to the SIS, inform the relevant SIRENE Bureau of the Member State that created the SIS alert immediately. That SIRENE Bureau shall verify the evidence provided by the Member State authority and rectify or erase the link from the MID immediately thereafter.
Amendment 661 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where the CIR or the SISinformation systems are queried and where a white link exists between one or more of those information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law.
Amendment 662 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 663 #
2017/0352(COD)
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. If a Member State authority has evidence to suggest that a red link/ white link recorded in the MID is factually inaccurate or not up-to-date or that data were processed in the MID, the EU information systems or the SIS in breach of this Regulation, it shall check the relevant data stored in the EU information systems and SIS and shall, if necessary, rectify or erase the link from the MID without delay. That Member State authority shall inform the Member State responsible for the manual verification without delay.
Amendment 669 #
2017/0352(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems. Once this condition is no longer met, the identity confirmation files and their data, including all related links, shall be deleted automatically.
Amendment 675 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 676 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. eu-LISA shall establish as soon as possible automated data quality control mechanisms and procedures on the data stored in the SIEES, Eurodacthe [ETIAS], [the ECRIS-TCN system], the shared biometric matching service (shared BMS), the common identity repository (CIR) and the multiple-identity detector (MID)VIS and the SIS, and the multiple-identity detector (MID). Those automated data quality control mechanisms should be adequately tested prior to the start of operations of the interoperability components in accordance with Article 62.
Amendment 681 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in the SIS, Eurodac, [the ECRIS-TCN system], the shared BMS, the CIR and the MID.
Amendment 686 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in the SIS, Eurodac, [the ECRIS-TCN system], the shared BMS, the CIR and the MID, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).
Amendment 687 #
2017/0352(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and in particular, data quality issues deriving from erroneous historical data in existing EU information systems and in the SIS. The Commission shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.63 _________________ 63 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
Amendment 690 #
2017/0352(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The UMF standard shall be used in the development of the [Eurodac], the [ECRIS-TCN system], the European search portal, the CIR, the MID and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.
Amendment 691 #
2017/0352(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 699 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. eu-LISA shall render the data anonymous, by ensuring that the data is non-identifiable, and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated.
Amendment 700 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
(b) a secure communication infrastructure to connect the CRRS to the SIS, Eurodac and [the ECRIS-TCN], as well as the central infrastructures of the shared BMS, the CIR and the MID.
Amendment 701 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Commission shall lay down detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementinga delegated acts. Those implementingat delegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)3.
Amendment 703 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the Eurodac, SIS and [the ECRIS-TCN system]VIS, EES, and SIS respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMSprocessing of biometric data that they enter into respective systems. In relation to information security management of the shared BMS, eu-LISA shall be considered a controller.
Amendment 705 #
2017/0352(COD)
Amendment 708 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) the European Border and Coast Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit. In relation to information security management of the ETIAS Central System, eu-LISA shall be considered a controller;
Amendment 709 #
2017/0352(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) the Member State authorities adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector. In relation to information security management of the multiple- identity detector, eu-LISA shall be considered a controller;
Amendment 712 #
2017/0352(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 714 #
2017/0352(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Both eu-LISA and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to the application of this Regulation. eu-LISA shall be responsible for the central systems and Member State authorities shall be responsible for the security at the end-points controlling access to the systems, [the ETIAS Central Unit] and the Member State authorities shall cooperate on security-related tasks.
Amendment 715 #
2017/0352(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point i
Article 42 – paragraph 3 – point i
(i) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation and to assess those security measures in the light of new technological developments.
Amendment 722 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authority and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 731 #
Amendment 732 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right tof information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and, Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository orand Article 13 of Directive 2016/680, persons whose data are stored in the one of the EU information systems, the SIS, or in the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as aboutlaid down in Article 47, about their right to lodge a complaint with the supervisory authority, the purpose of the data processing, the data retention period, the fact that personal data may be accessed by law enforcement authorities, and the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.
Amendment 737 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. All information must be provided to data subjects in a manner and language which they understand, or are reasonably expected to understand. This must include providing information in an age- appropriate manner for data subjects who are minors.
Amendment 746 #
2017/0352(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
47 Right of access, correction and erasure - Web Service
Amendment 747 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and, Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, and Articles 14 and 16 of Directive (EU)2016/680, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities or of any Member State, who shall examine and reply to the request.
Amendment 751 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Without prejudice to paragraph 1, and in order to facilitate and better enable the effective exercise of the rights of data subjects as described in paragraph 1 to access, rectify, erase or restrict the processing of their personal data under interoperability components, in particular for those third country nationals who may be outside the territory of the Member States, eu-LISA shall establish a web service, hosted in its technical site, which shall enable data subjects to make a request for access, correction, erasure or rectification of their personal data. The web service shall act as a single point of contact for those third country nationals outside the territory of the Member States. On the basis of such a request, the web service shall immediately transmit the request to the Member State responsible for manual verification of different identities in accordance with Article 29, or, where appropriate, to the Member State responsible for the entry of the data in the underlying information system which is the subject of the request.
Amendment 752 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1 b (new)
Article 47 – paragraph 1 b (new)
1b. The Commission shall adopt implementing acts concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 753 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made, either directly from the data subject in accordance with paragraph 1 or via the web service established by eu- LISA in accordance with paragraph 2, shall reply to such requests at the latest within 145 days of receipt of the request.
Amendment 756 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. If a request for correction or erasure of personal data is made to a Member State other than the Member State responsible, the Member State to which the request has been made shall contact the authorities of the Member State responsible within seven days and the Member State responsible shall check the accuracy of the data and the lawfulness of the data processing within 3014 days of such contact. The person concerned shall be informed by the Member State which contacted the authority of the Member State responsible that his or her request was forwarded about the further procedure.
Amendment 761 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The person concerned shall be informed that his or her data was corrected or deleted.
Amendment 768 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Where data in the MID is amended by the responsible Member State during its validity period, the responsible Member State shall carry out the processing laid down in Article 27 and, where relevant, Article 29 to determine whether the amended data shall be linked. Where the processing does not report any hit, the responsible Member State or, where applicable, the Member State to which the request has been made shall delete the data from the identity confirmation file. Where the automated processing reports one or several hit(s), the responsible Member State shall create or update the relevant link in accordance with the relevant provisions of this Regulation. The person concerned shall be informed of these additional links accordingly.
Amendment 772 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. This decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3s 1 or 2 and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts, and any assistance, including from the competent national supervisory authorities.
Amendment 773 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 8
Article 47 – paragraph 8
8. Any request made pursuant to paragraph 3s 1 or 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 31 and shall be erased immediately afterwards.
Amendment 774 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 9
Article 47 – paragraph 9
9. The responsible Member State or, where applicable, the Member State to which the request has been made shall keep a record in the form of a written document that a request referred to in paragraph 3s 1 or 2 was made and how it was addressed, and shall make that document available to competent data protection national supervisory authorities without delay.
Amendment 775 #
2017/0352(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47a Liability Without prejudice to the right to compensation from, and liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EC) No 45/2001: (a) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by a Member State which is incompatible with this Regulation shall be entitled to receive compensation from that Member State; (b) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by Europol or by the European Border and Coast Guard Agency which is incompatible with this Regulation shall be entitled to receive compensation from Europol or the European Border and Coast Guard as appropriate. The Member State, Europol or the European Border and Coast Guard Agency shall be exempted from liability, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.
Amendment 776 #
2017/0352(COD)
Proposal for a regulation
Article 47 b (new)
Article 47 b (new)
Article 47b Penalties Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive and shall include the possibility for administrative and criminal penalties. Europol and the European Border and Coast Guard Agency shall ensure that members of their staff or members of their teams who misuse, process or exchange data contrary to this Regulation are subject to penalties. Those penalties shall be effective, proportionate and dissuasive.
Amendment 779 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party.
Amendment 782 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The supervisory authority or authorities designated pursuant to Article 4951 of Regulation (EU) 2016/679 and Article 41 of Directive(EU) 2016/680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years.
Amendment 785 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Member States shall ensure that their supervisory authorities designated pursuant to Article 51 of Regulation 2016/679 and Article 41 of Directive 2016/680 monitor the lawfulness of the processing of personal data under this Regulation carried out by Member States’ relevant auhtorities.
Amendment 789 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resourcesadditional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 791 #
2017/0352(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted. The EU Budgetary Authority shall ensure that the European Data Protection Supervisor has sufficient additional resources, including both human and financial resources, to fulfil the tasks entrusted toit under this Regulation.
Amendment 799 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. eu-LISA shall ensure that the central infrastructures of the interoperability components are operated in accordance with this Regulation. In that respect, eu-LISA shall follow the principles of data protection by design and by default.
Amendment 801 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the development of the interoperability components, for any adaptations required for establishing interoperability between the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], and the European search portal, the shared biometric matching service, the common identity repository and the multiple-identity detector.
Amendment 802 #
2017/0352(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Article 52 – paragraph 3 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination. In that regard, the tasks of eu-LISA shall also be: (a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the interoperability components and; (c) conduct a security risk assessment regarding the interoperability of EU information systems, interoperability components, Europol data and Interpol databases
Amendment 806 #
2017/0352(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2 a (new)
Article 53 – paragraph 1 – subparagraph 2 a (new)
Eu.LISA shall perform regular information security risk assessments for the interoperability components, implement a comprehensive information security risk management process and follow the principles of privacy by design and by default during the entire lifecycle of those interoperability components.
Amendment 808 #
2017/0352(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 810 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the connection to the communication infrastructure of the European search portal (ESP) and the common identity repository (CIR);
Amendment 813 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the integration of the existing national systems and infrastructures with the ESP, shared biometric matching service, the CIR and the multiple-identity detector;
Amendment 815 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point d
Article 54 – paragraph 1 – point d
(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP, the CIR and the multiple- identity detector in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
Amendment 817 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIREU information systems for identification purposes;
Amendment 821 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 822 #
2017/0352(COD)
Proposal for a regulation
Article 54a – paragraph 2
Article 54a – paragraph 2
2. Europol shall be responsible for the management of, and arrangements for, its duly authorised staff to use and access respectively the ESP and the CIR in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles.
Amendment 827 #
2017/0352(COD)
Proposal for a regulation
Article 55b – paragraph 1
Article 55b – paragraph 1
Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
Amendment 832 #
2017/0352(COD)
Proposal for a regulation
Article 55b – paragraph 3
Article 55b – paragraph 3
Regulation (EU) 2018/XX [the SIS Regulation in the field of law enforcement]
Article 7 – paragraph 2a
Article 7 – paragraph 2a
The SIRENE Bureaux shall also ensure the verification of different identities in accordance with [Article 29 Regulation 2018/XX on interoperability]. To the extent necessary to carry out this task, the SIRENE Bureaux shall have access to consulting the data stored in the CIR for the purposes laid down in [Article 21 of Regulation 2018/XX on interoperability].
Amendment 838 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 1
Article 55c – paragraph 1
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 1 – point c
Article 1 – point c
(c) the conditions under which the ECRIS-TCN system contributes to facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system under the conditions and for the ultimate objectives referred to in [Article 20 of Regulation 2018/XX on interoperability], by storing identity, travel document and biometric data in the common identity repository (CIR) established by [Article 17 of Regulation 2018/XX on interoperability].”.
Amendment 839 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 4
Article 55c – paragraph 4
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 3
Article 3
Amendment 840 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 5
Article 55c – paragraph 5
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 843 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 6
Article 55c – paragraph 6
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 5 – paragraph 1a
Article 5 – paragraph 1a
Amendment 844 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 7
Article 55c – paragraph 7
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 845 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 8
Article 55c – paragraph 8
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 9
Article 9
Amendment 846 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 9
Article 55c – paragraph 9
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 847 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 10
Article 55c – paragraph 10
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 13
Article 13
Amendment 848 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 11
Article 55c – paragraph 11
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 849 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 12 – point a
Article 55c – paragraph 12 – point a
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 850 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 12 – point b
Article 55c – paragraph 12 – point b
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 22 – paragraph 3
Article 22 – paragraph 3
Access to consulting the ECRIS-TCN data stored in the CIR shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union bodies that are competent for the purposes laid down in [Article 20 and Article 21 of Regulation 2018/XX on interoperability]. That access shall be limited to the extent necessary for the performance of the tasks of those national authorities and Union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.
Amendment 851 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 14
Article 55c – paragraph 14
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 852 #
2017/0352(COD)
Proposal for a regulation
Article 55c – paragraph 15
Article 55c – paragraph 15
Regulation (EU) 2018/XX [the ECRIS-TCN Regulation]
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 857 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the European search portal (ESP), solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 860 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
Amendment 865 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple- identity detector, solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 870 #
2017/0352(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enablebe anonymised and shall not be such as to allow for the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.
Amendment 875 #
2017/0352(COD)
Proposal for a regulation
Article 58 – title
Article 58 – title
58 Transitional period applicable to the provisions on access to the common identity repositoryESP or shared BMS for law enforcement purposes
Amendment 883 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union.
Amendment 885 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.
Amendment 890 #
2017/0352(COD)
Proposal for a regulation
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission;
Amendment 893 #
2017/0352(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, the measures referred to in Article 37 shall apply as of one year after the entry into force of this Regulation.
Amendment 894 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(2), 9(7), 28(5) and 39(75) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 897 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The delegation of power referred to in Articles 8(2), 9(7), 28(5) and 39(75) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 898 #
2017/0352(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(2), 9(7), 28(5) and 39(75) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 905 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and the Council, the Council, and the European Data Protection Supervisor, on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 910 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the interoperability components without having access to any personal data processed by those components.
Amendment 921 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repositoryEU information systems and the SIS for law enforcement purposes, containing information and statistics on:
Amendment 199 #
2017/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 201747 , the European Parliament called for proposals to improve and develop existing EU information systems, address information gaps and move towards their interoperability, as well as proposals for compulsory information sharing at EU level, accompanied by the necessary data protection safeguards. Such safeguards should include the prevention of unauthorized access and sharing of data with unauthorized authorities, logging access and usage by authorized users, the implementation of minimum quality standards, ensuring the right to effective remedy and the practical possibility to rebut false assumptions and inaccurate data held by the relevant authorities. _________________ 47 European Parliament resolution of 6 July 2016 on the strategic priorities for the Commission Work Programme 2017 (2016/2773(RSP).
Amendment 201 #
2017/0351(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 202 #
2017/0351(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In its Opinion of 11 April 2018,2a the Article 29 Data Protection Working Party reiterated that the process towards interoperability of systems raises fundamental questions regarding the purpose, necessity, proportionality of the data processing as well as concerns regarding the principles of purpose limitation, data minimization, data retention and clear identification of a data controller. _________________ 2a http://ec.europa.eu/newsroom/article29/do cument.cfm?action=display&doc_id=5151 7
Amendment 205 #
2017/0351(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With a view to improve the management of the external borders, to facilitating regular border crossings, to contribute to preventing and combating irregular migration, and to contribute to a high level of security withassist in the aprea of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding the security in thevention, detection and investigation of territoriest of the Member Statfences or other serious criminal offences, interoperability between EU information systems, namely [the Entry/Exit System (EES)], the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and the [European Criminal Records Information System for third-country nationals (ECRIS-TCN)] should be established in sorder foar these EU information systems and their data to supplement each otheras that is possible while respecting the fundamental rights of the individual, in particular, the right to protection of personal data. To achieve this, a European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components.
Amendment 207 #
2017/0351(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each communicate with one another in order to facilitate the correct identification of persons, at external borders, for the purpose of applications of international protection, or in the context of the prevention, detection and investigation of serious criminal offences - including terrorist offences, to contribute to fighting identity fraud, to improve and harmonise data quality requirements of the respective EU information systems, to facilitate the technical and operational implementation by Member States of existing and future EU information systems, to strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, in particular by ensuring that all Union data protection rules are applicable to all the information systems, and to streamline the law enforcement access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 211 #
2017/0351(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The interoperability components should cover the EES, the VIS, the [ETIAS], Eurodac, the SIS, and the [ECRIS-TCN system]. They should also cover the Europol data only to the extent of enabling ithat data to be queried simultaneously with these EU information systems.
Amendment 213 #
2017/0351(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The interoperability components should concern persons in respect of whom personal data may be processed in the EU information systems and by Europol, namely third-country nationals whose personal data is processed in the EU information systems and by Europol, and to EU citizens whose personal data is processed in the SIS and by Europol. Interoperability should not concern EU citizens.
Amendment 217 #
2017/0351(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European search portal (ESP) should be established to facilitate technically the ability of the authorised Member State authorities and EU bodies to have a controlled yet fast, seamless, and efficient, systematic and controlled access to the EU information systems, the access to the relevant EU databases to Europol data and theo Interpol databases needed toin so far as this is necessary for the performance of their tasks, and in accordance with their access rights, and to. In that way, the ESP should support the objectives of the EES, the VIS, the [ETIAS], Eurodac, the SIS, the [ECRIS-TCN system] and the Europol data. Enabling the simultaneous querying of all relevant EU information systemdatabases in parallel, as well as of the Europol data and the Interpol databases, the ESP should act as a single window or ‘message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems.
Amendment 223 #
2017/0351(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fast and systematiceamless use of all EU information systems, the European search portal (ESP) should be used to query the common identity repository, the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system]. However, the national connection to the different EU information systems should remain in order to provide a technical fall back. The ESP should also be used by Union bodies to query the Central SIS in accordance with their access rights and in order to perform their tasks. The ESP should be an additional means to query the Central SIS, the Europol data and the Interpol systems, complementing the existing dedicated interfaces.
Amendment 226 #
2017/0351(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Biometric data, such as fingerprints and facial images, are unique and therefore much more reliable than alphanumeric data for identifying a person. However, biometric data constitute sensitive personal data. This regulation should therefore lay down the basis for and the safeguards for processing of such data for the purpose of uniquely identifying the persons concerned. The shared biometric matching service (shared BMS) should be a technical tool to reinforce and facilitate the work of the relevant EU information systems and the other interoperability components, without duplicating either the storage of the biometric or the storage of biometric templates. The main purpose of the shared BMS should be to facilitate the identification of an individual who may be registered in different databases, by matching their biometric data across different systems and by relying on one unique technological component instead of five different ones in each of the underlying systems. The shared BMS should contribute to security, as well as financial, maintenance and operational benefits by relying on one unique technological component instead of different ones in each of the underlying systems. All automated fingerprint identification systems, including those currently used for Eurodac, the VIS and the SIS, use biometric templates comprised of data derived from a feature extraction of actual biometric samples. The shared BMS should regroup and store all these biometric templates in one single location, facilitating, allow for a cross-system comparisons usingof those biometric data and enabling economies of scale in developing and maintaining the EU central systemstemplates using biometric data.
Amendment 228 #
2017/0351(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 232 #
2017/0351(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The systems established by Regulation (EU) 2017/2226 of the European Parliament and of the Council57 , Regulation (EC) No 767/2008 of the European Parliament and of the Council58 , [the ETIAS Regulation] for the management of the borders of the Union, the system established by [the Eurodac Regulation] to identify the applicants for international protection and combat irregular migration, and the system established by [the ECRIS-TCN system Regulation] require in order to be effective to rely on the accurate identification of those third-country nationals whose personal data are stored therein. _________________ 57 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (EES Regulation) (OJ L 327, 9.12.2017, p. 20–82). 58 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 233 #
2017/0351(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 238 #
2017/0351(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to thelp correctly identification ofy third-country nationals. The common identity repository (CIR) shouldEach individual information system should continue to store the personal data concerning third-country nationals present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separationquired under their founding regulations. This information will be made interoperable by virtue of the European Search Portal, the Biometric Matching Service and the Multiple Identity Detector.
Amendment 242 #
2017/0351(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The new processing operation consisting in the storage of such data in the common identity repository (CIR) instead of the storage in each of the separate systems is necessary to increase the accuracy of the identificIn order to ensure respect for the principles of purpose limitation and of data minimisation tha, it is made possible by the automated comparison and matching of such data. The fact that the identity and biometric data of third-country nationals isneither necessary nor proportionate to stored in the CIR should not hinder in any way the processing of data for the purposes of the EES, the VIS, the ETIAS, Eurodac or the ECRIS-TCN system Regulations, as the CIR should be a new shared component of those underlying systemsdata in an additional repository above and beyond the information systems which are to be made interoperable.
Amendment 245 #
2017/0351(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 247 #
2017/0351(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 250 #
2017/0351(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 255 #
2017/0351(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 258 #
2017/0351(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensureassist in the correct identification of a person, Member State authorities competent forwhere a travel document or other identity document preoventing and combating irregular migration ands insufficient or is unavailable, Member State competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. European Search Portal (ESP) or the shared Biometric Matching Service (sBMS) and the underlying Union information systems with the biographical or biometric data of that person taken during an identity check provided always that individual concerned is physically present during such a check.
Amendment 263 #
2017/0351(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 268 #
2017/0351(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should adopt national legislative measures designating the authorities competent to perform identity checks with the use of the common identity repository (CIR)ESP or the sBMS, subject to the physical presence of the individual concerned, and laying down the procedures, conditions and criteria of such identity checks in line with the principle of proportionality. In particular, the power to collect biometric data during an identitSuch an identity check in respect of third-country nationals should be permitted only cwheck of a person present beforere comparable procedures under equivalent conditions exist in the mMember of those authorities should be provided for by national legislative measureState concerned for Union citizens.
Amendment 271 #
2017/0351(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case where there are reasonable grounds to consider that consultation will substantially contribute to the prevention, detection or investigation of the criminal offences in question; in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under the category of third country nationals whose data are stored in the EES, the VIS, the ETIAS and the Eurodac system. Such streamlined access will be provided after a prior search in the national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched.
Amendment 272 #
2017/0351(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not always know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays anerefore, following the necessary checks in national databases and where a query of the automated finefficiencies in the conduct of gerprint identification system of the otheir tasks. TMember States under Decision 2008/615/JHA has been launched, the end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 276 #
2017/0351(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Where such a search is carried out, a hit should not be interpreted as a ground or reason to draw conclusions about or undertake measures towards a person, but may be used only for the purpose of submitting an access request to the underlying EU information systems, subject to the conditions and procedures laid down in the respective legislative instruments governing such access. Any such act will be subject to the provisions measures set out in Chapter VII and the safeguards provided for in Regulation EU 2016/679, Directive 2016/680 or Regulation EC45/2001.
Amendment 279 #
2017/0351(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The logs of the queries of the common identity repositoryEU information systems should indicate the purpose of the query. Where such a query was performed using the two- step data consultation approach, the logs should include a reference to the national file of the investigation or case, therefore indicating that such query was launched for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences.
Amendment 281 #
2017/0351(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The query of the common identity repository (CIR)EU information systems by Member State designated authorities and Europol in order to obtain a hit-flag type of response indicating the data is recorded in the EES, the VIS, [the ETIAS] or Eurodac requires automated processing of personal data. A hit-flag wshould not reveal personal data of the concerned individual other thanonly an indication that some of his or her data are stored in one of the systems, provided the authority making the search has access to that system. No adverse decision for the concerned individual should be made by the authorised end-user solely on the basis of the simple occurrence of a hit-flag, and the hit-flag should be used by the relevant authorities only for the purpose of deciding which database to query. Access by the end-user of a hit-flag would therefore realise a very limitedconstitute an interference with the right to protection of personal data of the concerned individual, while it would be necessary to allow the designated authority and Europol to address its request for access for personal data more effectively directly to the system that was flagged as containing and therefore should comply with the principles of necessity and proportionality.
Amendment 285 #
2017/0351(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable, using the European Search Portal or the shared Biometric Matching Service should enable the relevant authority to identifying the information system that knows the person in one single searchsuspect, perpetrator or suspected victim in one single search, following the necessary checks in national databases and once a query of the automated fingerprint identification system of other Member States under Decision 2008/615/JHA has been launched. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system (‘AFIS’) of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purposes and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a priin national databases and AFIS which were designed specifically for preventing, detecting and investigating terrorist offences or other serious criminal offences before searching in othe automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply oncr EU information systems which do not have that as their primary purpose the alternative safeguard of the two- step approach to law enforcement access through the CIR has become operationallps to ensure the necessity and proportionality for such a search.
Amendment 289 #
2017/0351(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The multiple-identity detector (MID) should be established to support the functioning of the common identity repository and to support the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS and [the ECRIS- TCN system]. In order to be effective in fulfilling their respective objectives, all of these EU information systems require the accurate identification of the persons whose personal data are stored therein.
Amendment 290 #
2017/0351(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The possibility to achievo better realise the objectives of the EU information systems is undermined by the current inability for, the authorities using theose systems should be able to conduct sufficiently reliable verifications of the identities of the third-country nationals whose data are stored in different systems. That inability is determined by the fact that the set of identity data stored in a given individual system may be fraudulent, incorrect, or incomplete, and that or fraudulent, and there is currently no possibility to detect such fraudulent,way of detecting incorrect or, incomplete or fraudulent identity data by way of comparison with data stored in another system. To remedy this situation it is necessary to have a technical instrument at Union level allowing accurate identification of third-country nationals for these purposes.
Amendment 294 #
2017/0351(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The multiple-identity detector (MID) should create and store links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The MID should only contain the linkscreation of those links constitutes automated decision-making as referred to in Regulation (EU) 2016/679 and in Directive (EU) 2016/680 and therefore requires transparency towards the individuals affected and the implementation of necessary safeguards in accordance with EU data protection rules. The MID should contain links only between individuals present in more than one EU information system, strictly limited to the data necessary to verify that a person is recorded lawfully or unlawfully under different biographical identities in different systems, or to clarify that two persons having similar biographical data may not be the same person. Data processing through the European search portal (ESP) and the shared biometric matching service (shared BMS) in order to link individual files across individual systems should be kept to an absolute minimum and therefore is limited to a multiple-identity detection at the time new data is added to one of the information systems included in the common identity repository and inthe EES, the VIS, [the ETIAS], Eurodac or the SIS. The MID should include safeguards against potential discrimination or unfavourable decisions for persons with multiple lawful identities.
Amendment 296 #
2017/0351(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation provides for new data processing operations aimed at identifyingensuring the correct identification of the persons concerned correctly. This constitutes an interference with their fundamental rights as protected by Articles 7 and 8 of the Charter of Fundamental Rights. Since the effective implementation of the EUit is necessary to correctly identify those persons inf ormation systems is dependent upon correct identification of the individuals concernedder to fully realise the objectives of those EU information systems, such interference is justified by those same objectives ofor which each of those systems have been established, the effectively management ofing the Union’s borders, theproviding internal security ofin the Union, the effectively implementation ofing the Union’s asylum and visa policies and the fight againstcombatting irregular migration.
Amendment 299 #
2017/0351(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The European search portal (ESP) and shared biometric matching service (shared BMS) should compare data in common identity repository (CIR)the EES, the VIS, [the ETIAS], Eurodac and the SIS on persons when new records are created by a national authority or an EU body. Such a comparison should be automated. The CIR and the SISose EU information systems should use the shared BMS to detect possible links on the basis of biometric data. The CIR and the SIS and should use the ESP to detect possible links on the basis of alphanumeric data. The CIR and the SISose EU information systems should be able to identify identical or similar data on the third-country national stored across several systems. Where such is the case, a link indicating that it is the same person should be established. The CIR and the SISNew interoperability components should be configured in such a wayso that small transliteration or spelling mistakes are detected in such a way as not to create any unjustified hindrance to the concernedor interference with the fundamental rights of the third-country national concerned.
Amendment 302 #
2017/0351(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The national authority or EU body that recorded the new data in the respective EU information system should confirm or change these links. This authority should have access to the identity data stored in the common identity repository (CIR) or the SIS and in the multiple-identity detector (MID)ose EU information systems for the purpose of the manual identity verification.
Amendment 305 #
2017/0351(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Access to the multiple-identity detector (MID) by Member State authorities and EU bodies having access to at least one of the relevant EU information system included in the common identity repository (CIR) or to the SIS should be limited to so called red links, where the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner, or where the linked data has similardifferent identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner. Where the linked identity data isare not similar, a yellow link should be established and a manual verification should take place in order to confirm the link or change its colour accordingly.
Amendment 307 #
2017/0351(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The manual verification of multiple identities should be ensured by the authority creating or updating the data that triggered a hit resulting in a link with data already stored in another EU information system as described in this Regulation in full respect of access rights granted under Union and national law. The authority responsible for the verification of multiple identities should assess whether there are multiple lawful or unlawful identities. Such assessment should be performed where possibleonly in the presence of the third-country national and where necessary by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 309 #
2017/0351(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) FBy way of derogation, for the links obtained in relation to the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing or vulnerable persons, on persons sought to assist with a judicial procedure, on persons for discreet checks or specific checks or on unknown wanted persons, the authority responsible for the verification of multiple identities should be the SIRENE Bureau of the Member State that created the alert. Indeed those categories of SIS alerts are sensitive and should not necessarily be shared with the authorities creating or updating the data in one of the other EU information systems. The creation of a link with SIS data should be without prejudice to the actions to be taken in accordance with the [SIS Regulations].
Amendment 311 #
2017/0351(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should be responsible tofor developing a central monitoring capacity for data quality, and tofor produceing regular data analysis reports to improve the control ofsupervision of the Member States’ implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 315 #
2017/0351(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective tof facilitateing interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 319 #
2017/0351(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A central repository for reporting and statistics (CRRS) should be established to generate cross-system statistical data and analytical reporting for policy, operational and data quality purposes in line with the objectives of the underlying systems and inconformity with their respective legal bases. eu-LISA should establish, implement and host the CRRS in its technical sites. The CRRS should containing only anonymous statistical data from the above-menrelevant EU informationed systems, the common identity repository, the multiple-identity detector and the shared biometric matching service. The data contained in the CRRS should not enableallow for the identification of individuals. eu- LISA should immediately render the data anonymous and should record only such anonymousised data in the CRRS. The process for rendering the data anonymous should be automated and no direct access by eu- LISA staff should be granted to any personal data stored in the EU information systems or in the interoperability components.
Amendment 320 #
2017/0351(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation by national authorities unless such processing is carried out by the designated authorities or central access points of the Member States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, whenin which case Directive (EU) 2016/680 of the European Parliament and of the Council should apply.
Amendment 321 #
2017/0351(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 323 #
2017/0351(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) “(...) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on …16 April 2018 “
Amendment 327 #
2017/0351(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) As a consequence of this combined application of the rules, the European search portal (ESP) should constitute the main access point for the compulsory systematic consultation of databases for third-country nationals at border crossing points provided for by the Schengen Borders Code. In addition, the identitWhere a red link exists in respect of a third-country dnata that led to the classification of a linkional seeking to cross an external border into the multiple-identity detector (MID) as aSchengen Area, that red link should be taken into account by the border guards for assessing whether or not the person fulfils the conditions of entry defined in the Schengen Borders Code. However the presence of a red link should not in itself constitute a ground for refusal of entry and the existing grounds for refusal of entry listed in the Schengen Borders Code should therefore not be amended.
Amendment 329 #
2017/0351(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 334 #
2017/0351(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Should the query of the multiple- identity detector (MID) through the European search portal (ESP) result in a yellow link or detect a red link, the border guard on second line should consult the common identity repository or the Schengen Irelevant EU information Ssystem or boths in order to assess the information on the person being checked, to manually verify his/her different identity and to adapt the colour of the link if required.
Amendment 339 #
2017/0351(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The costs for the development of the interoperability components projected under the current Multiannual Financial Framework are lower than the remaining amount on the budget earmarked for Smart Bremaining amount on the budget earmarked for developing IT systems supporting the management of migration flows across the external borders in Regulation (EU) No 515/2014 of the European Parliament and the Council61 . Accordingly, should be reallocated to this61 Regulation, pursuant to Article 5(5)(b) of Regulation (EU) No 515/2014, should reallocate the amount currently attributed for developing IT systems supporting the management of migration flows across the external borders. _________________ 61Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing as part of the Internal Security Fund, the Instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 341 #
2017/0351(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) In order to supplement certain detailed technical aspects of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, power should be delegated to the Commission in respect of the profiles for the users of the European search portal (ESP) and the content and format of the ESP replies, the content and format of the ESP replies, the procedures to determine the cases where identity data can be considered as identical or similar, and the rules on the operation of the Central Repository for Reporting and Statistics, including specific safeguards for processing of personal data and security rules applicable to the repository. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201662 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member State experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 62 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2016. 123.01.0001.01.ENG.
Amendment 342 #
2017/0351(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt detailed rules on: automated data quality control mechanisms, procedures and indicators; development of the UMF standard; procedures for determining cases of similarity of identities; the operation of the central repository for reporting and statistics; and cooperation procedure in case of security incidents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council63 . _________________ 63 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 347 #
2017/0351(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) This Regulation should contain clear provisions on liability and right to compensation for unlawful processing of personal data or from any other act incompatible with it, without prejudice to the right to compensation from, and liability of the controller or processor under Regulation (EU) 2016/679, Directive EU 2016/680 and Regulation EU 45/2001. With regard to the role of eu- LISA as a data processor, this latter should be responsible for the damage it provoked where it has not complied with the specific obligations of this Regulation directed to it.
Amendment 348 #
2017/0351(COD)
Proposal for a regulation
Recital 65 b (new)
Recital 65 b (new)
(65b) Article 8 (2) of the European Convention on Human Rights states that any interference with the right to respect for private life, must pursue a legitimate aim and must be both necessary and proportionate except in such cases when, in accordance with the law such an action is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Amendment 349 #
2017/0351(COD)
Proposal for a regulation
Recital 65 c (new)
Recital 65 c (new)
(65c) Article 52(1) of the Charter of Fundamental Rights states that any limitation on the exercise of rights and freedoms recognised by the Charter must be provided for by law and respect the essence of those rights and freedoms and be subject to the principle of proportionality. Limitations may be made only if they are necessary if they genuinely meet the objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 350 #
2017/0351(COD)
Proposal for a regulation
Recital 65 d (new)
Recital 65 d (new)
Amendment 351 #
2017/0351(COD)
Proposal for a regulation
Recital 65 e (new)
Recital 65 e (new)
Amendment 354 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, and the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherto be interoperable.
Amendment 358 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 368 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. By ensuring interoperability, the purpose of this Regulation shall have the following objectivesbe to support the objectives referred to respectively in Article 6 of Regulation (EU) 2017/226; Articles 2 and 3 of Regulation (EC) No 767/2008; Article 4 of Regulation (EU) 2018/xxx [ETIAS Regulation]; Article 1 of Regulation(EU) No 603/2013; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation]; Article 1 of Regulation (EU) 2018/xxx [on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks]; Article 3 of Regulation (EU) 2018/xxx [on the use of the Schengen Information System for the return of illegally-staying third-country nationals], and Article 2 of [the ECRIS- TCN] Regulation; and in particular:
Amendment 369 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to improve the management ofenhance the effectiveness and efficiency of border checks at the external borders;
Amendment 380 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Those objectives of ensuring interoperability shall be achieved by:
Amendment 382 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring the correct identification of personthird country nationals;
Amendment 385 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) contributing to fighcombating identity fraud;
Amendment 390 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective EU information systems, without prejudice to the special protection and safeguards afforded to certain categories of data in accordance with EU data protection rules;
Amendment 394 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining thensuring the necessary and proportionate conditions for law enforcement access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 400 #
2017/0351(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Regulation applies to persons in respect of whom personal data may be processed in the EU information systems referred to in paragraph 1, only for the purposes as defined in the underlying legal basis for those information systems.
Amendment 408 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19
Article 4 – paragraph 1 – point 19
(19) ‘Europol data’ means personal data providcessed toby Europol for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794;
Amendment 410 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
(21) ‘match’ means the existence of an exact correspondence established by comparing two or more occurrences of personal data recorded or being recorded in an information system or database;
Amendment 411 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 25
Article 4 – paragraph 1 – point 25
(25) ‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
Amendment 413 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 35
Article 4 – paragraph 1 – point 35
Amendment 422 #
2017/0351(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Fundamental Rights and Non- discrimination
Amendment 426 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall ensure respect of the fundamental rights and the observation of the principles recognized in the Charter of Fundamental Rights of the European Union and shall be applied in accordance with those rights and principles. Processing of personal data for the purposes of this Regulation shall not result, either directly or indirectly, in undue interference with the right to respect for private and family life and the right to protection of personal data. Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, racial or ethnic origin, religion or beliefe, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly and, persons with a disability and persons in need of international protection.
Amendment 429 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
One year after to the date of entry into force of this legislation, the Commission shall conduct an ex-post evaluation which aims at assessing the impact of interoperability on the right to non- discrimination
Amendment 433 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of those EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol dataU information systems and of the SIS and with their access rights under the relevant legal basis.
Amendment 437 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) a secure communication infrastructure between the ESP and the EES, the VIS, [the ETIAS], Eurodac, the Central-SIS, [the ECRIS-TCN system], the Europol data and the Interpol databases as well as between the ESP and the central infrastructures of the common identity repository (CIR) and the multiple-identity detector.
Amendment 438 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. eu-LISA shall develop the ESP and ensure its technical management. It shall not, however, have access to any of the personal data processed through the EPS.
Amendment 441 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The use of the ESP shall be reserved to the Member State authorities and EU bodies having access to the EES, [the ETIAS], the VIS, the SIS, Eurodac and [the ECRIS-TCN system], to the CIR and the multiple-identity detector as well as the Europol data and the Interpol databases in accordance with Union or national law governing such access.
Amendment 443 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The authorities referred to in paragraph 1 shall use the ESPWhere they are required under Union law to search data related to persons or their travel documents in the central systems of the EES, the VIS and [the ETIAS] in accordance with their access rights under Union and national law. They, the authorities referred to in paragraph 1 shall also use the ESP to query the CIRsearch such data in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 21 and 22Union and national law.
Amendment 446 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The EU bodWhere they are so required under Union law, EU Agencies shall use the ESP to search data related to persons or their travel documents in the Central SIS.
Amendment 449 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. TWhere so required under Union or national law, the authorities referred to in paragraph 1 may use the ESP to search data related to persons or their travel documents in the Interpol databases in accordance with their access rights under Union and national law.
Amendment 450 #
2017/0351(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The data owners referred in this article shall not be notified that a search has taken place.
Amendment 454 #
2017/0351(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the purpose of the use of ESP by this category of user.
Amendment 456 #
2017/0351(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. eu-LISA shall review regularly – and at least once a year after their creation - the user profiles referred to in paragraph one, and shall update and delete those profiles where necessary.
Amendment 459 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The users of the ESP shall launch a query by introducing data in the ESP in accordance with their user profile and access rights. Where a query has been launched, the ESP shall query simultaneously, with the data introduced by the user of the ESP, the EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system] and the CIR as well as the Europol databases and the Interpol databases.
Amendment 463 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The fields of data used to launch a query via the ESP shall correspond to the fields of data related to persons or travel documents that may be used to query the various EU information systems, the Europol databases and the Interpol databases in accordance with the legal instruments governing them.
Amendment 466 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The EES, [the ETIAS], the VIS, the SIS, Eurodac, [the ECRIS-TCN system], the CIR and the multiple-identity detector, as well as the Europol data and the Interpol databases, shall provide the data that they contain resulting from the query of the ESP.
Amendment 467 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. When querying the Interpol databases, the design of the ESP shall ensure that the data used by the user of the ESP to launch a query or any other data, is not shared with the owners of Interpol data. As regards to data on individuals registered in Eurodac, it must be ensured that the database owner does not receive information on whether their databases have been queried through the ESP.
Amendment 471 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongsThe ESP shall provide no information regarding data in information systems to which the user has no access under Union law.
Amendment 482 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 485 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be notified by eu- LISA.
Amendment 489 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall notify eu-LISA and the Commission.
Amendment 493 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 497 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and) shall be established to enablinge querying with biometric data across several EU information systems is established for the purposes of supporting the CIR, the SIS and the multiple-identity detector andto support the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 500 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a central infrastructure, including a search engine and the storage of the data referred to in Article 13;
Amendment 503 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a secure communication infrastructure between the shared BMS, Central-SIS the EES, the VIS, EURODAC and [the CIRECRIS-TCN system].
Amendment 505 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. eu-LISA shall develop the shared BMS and ensure its technical management. It shall not, however, have access to any of the personal data processed through the shared BMS.
Amendment 506 #
2017/0351(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 524 #
2017/0351(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
In order to search the biometric data stored within the CIR andEES, the SVIS, the CIR and the SIEURODAC, [the ECRIS-TCN system] and the SIS, the shared BMS shall uscompare the biometric templatesdata stored in the shared BMSunderlying systems for a match. Queries with biometric data shall take place in accordance with the purposes provided for in this Regulation and in the EES Regulation, the VIS Regulation, the Eurodac Regulation, the [SIS Regulations] and [the ECRIS-TCN Regulation].
Amendment 527 #
2017/0351(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 531 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 537 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. . To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 540 #
2017/0351(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 546 #
2017/0351(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 552 #
2017/0351(COD)
Proposal for a regulation
Article 19
Article 19
Adding, amending and deleting data inrticle 1.9 deleted in the EES, the VIS and [the ETIAS], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.common identity repository Where data is added, amended or Where the multiple-identity
Amendment 556 #
2017/0351(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Access to the common identity repositoryUse of the ESP and shared BMS for identification
Amendment 557 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority is unable to identify a person on the basis of his/her travel document, or of another credible document proving his/her identity, or with the identity data provided by that person in accordance with rules and procedures laid down in national law, and where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, in the presence of that person, and solely for the purpose of identifying athat person, query the CIR with theESP or the shared BMS with the biographical or biometric data of that person taken during anthe identity check.
Amendment 561 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIREU information systems or the SIS, the Member States police authority shall have access to consult the following data: (a) the data referred to in [Article 18(1)6(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) the data referred to in Article 9(4)(a) to (c), (5)and (6) of Regulation (EC) No767/2008; and (c) [the data referred to in Article 15(2)(a) to (e) of the ETIAS Regulation].
Amendment 563 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 3
Article 20 – paragraph 1 – subparagraph 3
Amendment 568 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). TWithout prejudice to the first subparagraph of paragraph 1, they shall designate the police authorities competent and lay down the procedures, conditions and criteria ofor such checks.
Amendment 572 #
2017/0351(COD)
Proposal for a regulation
Article 21
Article 21
Access to the common identity repository for the detection of multiple identities 1. in a yellow link in accordance with Article 28(4), the authority responsible for the verification of different identities determined in accordance with Article 29 shall have access, solely for the purpose of that verification, to the identity data stored in the CIR belonging to the various information systems connected to a yellow link. 2. in a red link in accordance with Article 32, the authorities referred to in Article 26(2) shall have access, solely for the purposes of fighting identity fraud, to the identity data stored in the CIR belonging to the various information systems connected to a red link.rticle 21 deleted Where a query of the CIR results Where a query of the CIR results
Amendment 578 #
2017/0351(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Querying the common identity repositoryEU information systems for law enforcement purposes
Amendment 579 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes ofWhere there are reasonable grounds to believe that consultation of EU information systems will substantially contribute to the preventiong, detecting andon or investigatingon of terrorist offences or other serious criminal offences, in a specific case and in order particular where there is a substantiated suspicion that the suspect, perpetrator obtain information on whether data on a specific person is presentr victim of a terrorist offence or other serious criminal offence falls under the category of third-country nationals whose data are stored in [the EES], the VIS and , [the ETIAS] or the Member State designated authorities and Europol may consult the CIREurodac system, and where a prior search in national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched, the Member States designated authorities and Europol may use the ESP and the shared BMS in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS].
Amendment 581 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The central access points established in Article 50(2) [ETIAS Regulation], Article 29(3) of Regulation (EU) 2017/2226 and Article 3(2) of Regulation 767/2008 shall monitor the use made of the possibility provided for in paragraph 1. For that purpose, regular ex-post evaluations of this possibility shall be made and used for self-monitoring as referred to in Article 45. The central access points shall transmit a report to the supervisory authorities referred to in Article 49 every two years on the use made of this provision.
Amendment 583 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member State designated authorities and Europol shall not be entitled to consult data belonging to [the ECRIS-TCN] when consultusing the CIRESP or shared BMS for the purposes listed in paragraph 1.
Amendment 584 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in reply to a query the CIRESP or the shared BMS indicates that data on that person is present in the EES, the VIS andor [the ETIAS] the CIRESP or shared BMS shall provide to Member States' designated authorities andor to Europol a reply in the form of a reference indicating which of the information systems contains matching data referred to in the second subparagraph of Article 18(220(1). The CIRESP or shared BMS shall reply in such a way that the security of the data is not compromised. A reply indicating that data on that person is present in one of the EU information systems may be used solely for the purpose of submitting a request for access to that information system subject to the conditions and procedures laid down in the legislative instrument governing that information system.
Amendment 588 #
2017/0351(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 591 #
Amendment 605 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) is established to creatinge and storinge links between data in the EU information systems included in the common identity repository (CIR) and the SIS, and as a consequence to detecting multiple identities, with the dual purpose ofin order to facilitatinge identity checks and combating identity fraud, is established for the purpose ofand thus in order to supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system].
Amendment 607 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) a secure communication infrastructure to connect the MID with the SIS and the central infrastructures of the European search portal and the CIREES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system].
Amendment 608 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. eu-LISA shall develop the MID and ensure its technical management. It shall not, however, have access to any of the personal data processed through the MID.
Amendment 613 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
Amendment 614 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e
Article 26 – paragraph 1 – point e
(e) the SIRENE Bureaux of the Member State creating or updating a [SIS alert in accordance with the Regulation on SIS in the field of border checks];
Amendment 615 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
Amendment 616 #
2017/0351(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member State authorities and EU bodies having access to at least one EU information system included in the common identity repository or to the SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links as referred to in Article 32.
Amendment 619 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. A multiple-identity detection in the common identity repository and theEU information systems and SIS shall be launched where:
Amendment 620 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 621 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point f
Article 27 – paragraph 1 – point f
Amendment 622 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The multiple-identity detection using the data referred to in paragraph 1(c) shall be launched only where an application file in ETIAS can be verified against an individual file in the EES.
Amendment 623 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR)at information system and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the new biometric templatesdata obtained from any new biometric data to thethe relevant information system against any biometric templatesdata already contained in the shared BMSother information systems in order to verify whether or not data belonging to the same third-country national is already stored in the CIR or in the Central SISanother information system.
Amendment 625 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. In addition to the process referred to in paragraph 2, the CIRinformation system and the Central- SIS shall use the European search portal to search the data stored in the CIRall the EU information systems and the Central-SIS using the following data:
Amendment 626 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
Amendment 627 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point f
Article 27 – paragraph 3 – point f
Amendment 628 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
Amendment 629 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point h
Article 27 – paragraph 3 – point h
Amendment 633 #
2017/0351(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Where the query laid down in Article 27(2) and (3) reports one or several hit(s), the common identity repository andEU information systems concerned including, where relevant, the SIS shall create a link between the data used to launch the query and the data triggering the hit.
Amendment 634 #
2017/0351(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)Article 63. Such acts must be designed in a manner that ensures the protection of persons with multiple lawful identities against discrimination.
Amendment 638 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point d
Article 29 – paragraph 1 – subparagraph 1 – point d
Amendment 640 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point e
Article 29 – paragraph 1 – subparagraph 1 – point e
(e) the SIRENE Bureaux of the Member State for hits that occurred when creating or updating a SIS alert in accordance with the [Regulations on SIS in the field of border checks];
Amendment 641 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point f
Article 29 – paragraph 1 – subparagraph 1 – point f
Amendment 642 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
Article 29 – paragraph 1 – subparagraph 1 a (new)
The authority responsible shall verify the identity as soon as possible and, in any event, within eight hours. If verification proves impossible, the border authorities shall carry out the verification when the person concerned next enters or exits an external border.
Amendment 643 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
Amendment 646 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Where the SIRENE Bureau is responsible for manually verifying different identities but has not been involved in the addition of the new identity data which has given rise to a yellow link, it shall be informed immediately by the relevant authority which added the new identity data. The SIRENE Bureau shall carry out the manual verification of different identities as soon as possible and, in any event, within eight hours.
Amendment 647 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 4, the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repository and, where relevant, in the SISrelevant information systems, and shall assess the different identities and shall update the link in accordance with Articles 31, 32 and 33 and add it to the identity confirmation file without delay.
Amendment 649 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where the authority responsible for the verification of different identities in the identity confirmation file is the border authority creating or updating an individual file in the EES in accordance with Article 14 of the EES Regulation, and where a yellow link is obtained, the border authority shall carry out additional verifications as part of a second-line check. During this . For that purposec ond-line checkly, the border authorities shall have access to the related identity data contained in the relevant identity confirmation file and shall assess the different identities and shall update the link in accordance with Articles 31 to 33 and add it to the identity confirmation file without delay.
Amendment 650 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The verification of different identities shall, as a rule, take place in the presence of the person concerned who should be offered the opportunity to explain the circumstances to the authority responsible, which should take those explanations into account. Where the verification leads to the establishment of a red link, the person concerned should receive a justification in writing.
Amendment 651 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where more than one link is obtained, the authority responsible for the verification of different identities shall assess each link separately. The authority responsible must ensure that the data subject is given the possibility to explain plausible reasons why there may be contradicting information within the different IT systems.
Amendment 652 #
2017/0351(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The authority responsible for the manual verification of multiple identities must also assess whether there are plausible arguments presented by the third country national when deciding on the colour of the links. Such assessment should be performed, where possible, in the presence of the third-country national and, where necessary, by requesting additional clarifications or information. Such assessment should be performed without delay, in line with legal requirements for the accuracy of information under Union and national law.
Amendment 655 #
2017/0351(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the linked data has different identity data, there is no biometric data to compare, and no manual verification of different identity has taken place.
Amendment 659 #
2017/0351(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Where the common identity repository (CIR) or the SISrelevant information systems are queried and where a green link exists between two or more of those information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data does not correspond to the same person. The queried information system shall reply indicating only the data of the person whose data was used for the query, without triggering a hit against the data that is subject to the green link.
Amendment 663 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner;
Amendment 664 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the linked data has similar identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person in an unjustified manner.
Amendment 666 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where the CIR orEU information systems and the SIS are queried and where a red link exists between two or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall reply indicating the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law. No legal consequence for the person or persons concerned shall derive solely from the existence of a red link.
Amendment 667 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 668 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Without prejudice to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any nalaid down in Article 13(3) if Directive (EU) 680/2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of preventional, investigation will not be jeopardised,, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawfuljustified identities.
Amendment 672 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. Where a Member State authority or EU body with access to one of the EU information systems or the SIS obtains evidence showing that a red link recorded in the MID is incorrect or that the data processed in the MID, the relevant EU information systems and the SIS were processed in breach of this Regulation, that authority shall, where the link relates to EU information systems either rectify or erase the link from the MID immediately, or where the link relates to the SIS, inform the relevant SIRENE Bureau of the Member State that created the SIS alert immediately. That SIRENE Bureau shall verify the evidence provided by the Member State authority and rectify or erase the link from the MID immediately thereafter.
Amendment 677 #
2017/0351(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where the CIR or the SISinformation systems are queried and where a white link exists between one or more of the information systems constituting the CIR or with the SIS, the multiple-identity detector shall indicate that the identity data of the linked data correspond to the same person. The queried information systems shall reply indicating, where relevant, all the linked data on the person, hence triggering a hit against the data that is subject to the white link, if the authority launching the query has access to the linked data under Union or national law.
Amendment 678 #
2017/0351(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 684 #
2017/0351(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The identity confirmation files and its data, including the links, shall be stored in the multiple-identity detector (MID) only for as long as the linked data is stored in two or more EU information systems. Once this condition is no longer met, the identity confirmation files and their data, including all related links, shall be deleted automatically.
Amendment 691 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. To that end, access to those logs shall be granted as appropriate to the data controllers identified pursuant to Article 40, to national supervisory authorities designated pursuant to Article 51 of Regulation (EU)2016/679 and Article 41 of Directive (EU) 2016/680, and to the European Data Protection Supervisor. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 692 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. eu-LISA shall establish as soon as possible automated data quality control mechanisms and procedures on the data stored in the EES, the [ETIAS], the VIS, and the SIS, the shared biometric matching service (shared BMS), the common identity repository (CIR) and the multiple-identity detector (MID)and the multiple-identity detector (MID). Those automated data quality control mechanisms should be adequately tested prior to the start of operations of the interoperability components in accordance with Article 62.
Amendment 695 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. eu-LISA shall establish common data quality indicators and the minimum quality standards to store data in the EES, the [ETIAS], the VIS, the SIS, the shared BMS, the CIR and the MID.
Amendment 700 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The details of the automated data quality control mechanisms and procedures and the common data quality indicators and the minimum quality standards to store data in the EES, the [ETIAS], the VIS, the SIS, the shared BMS, the CIR and the MID, in particular regarding biometric data, shall be laid down in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).
Amendment 701 #
2017/0351(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. One year after the establishment of the automated data quality control mechanisms and procedures and common data quality indicators and every year thereafter, the Commission shall evaluate Member State implementation of data quality and, in particular, data quality issues deriving from erroneous historical data in existing EU information systems and in the SIS. The Commission shall make any necessary recommendations. The Member States shall provide the Commission with an action plan to remedy any deficiencies identified in the evaluation report and shall report on any progress against this action plan until it is fully implemented. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007.75 _________________ 75 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
Amendment 704 #
2017/0351(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The UMF standard shall be used in the development of the EES, the [ETIAS], , the European search portal, the CIR, the MID and, if appropriate, in the development by eu- LISA or any other EU body of new information exchange models and information systems in the area of Justice and Home Affairs.
Amendment 705 #
2017/0351(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 713 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. eu-LISA shall render the data anonymous, by ensuring that the data is non-identifiable, and shall record such anonymous data in the CRRS. The process for rendering the data anonymous shall be automated.
Amendment 714 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
(b) a secure communication infrastructure to connect the CRRS to the EES, [the ETIAS], the VIS and the SIS, as well as the central infrastructures of the shared BMS, the CIR and the MID.
Amendment 715 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Commission shall lay down detailed rules on the operation of the CRRS, including specific safeguards for processing of personal data referred to under paragraph 2 and 3 and security rules applicable to the repository by means of implementinga delegated acts. Those implementingat delegated acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)3.
Amendment 717 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In relation to the processing of data in the shared biometric matching service (shared BMS), the Member State authorities that are controllers for the VIS, EES, and SIS respectively, shall also be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 in relation to the biometric templates obtained from the data referred to in Article 13 that they enter into respective systems and shall have responsibility for the processing of the biometric templates in the shared BMSprocessing of biometric data that they enter into respective systems. In relation to information security management of the shared BMS, eu-LISA shall be considered a controller.
Amendment 719 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 722 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) the European Border and Coast Guard Agency shall be considered a data controller in accordance with Article 2(b) of Regulation No 45/2001 in relation to processing of personal data by the ETIAS Central Unit. In relation to information security management of the ETIAS Central System, eu-LISA shall be considered a controller;
Amendment 723 #
2017/0351(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) the Member State authorities adding or modifying the data in the identity confirmation file are also to be considered as controllers in accordance with Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of the personal data in the multiple-identity detector. In relation to information security management of the multiple- identity detector, eu-LISA shall be considered a controller;
Amendment 726 #
2017/0351(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 728 #
2017/0351(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Both eu-LISA and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to the application of this Regulation. eu-LISA shall be responsible for the central systems and Member State authorities shall be responsible for the security at the end-points controlling access to the systems, [the ETIAS Central Unit] and the Member State authorities shall cooperate on security-related tasks.
Amendment 729 #
2017/0351(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point i
Article 42 – paragraph 3 – point i
(i) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation and to assess those security measures in the light of new technological developments.
Amendment 736 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authority and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 745 #
Amendment 746 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right tof information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and, Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository orand Article 13 of Directive 2016/680, persons whose data are stored in one of the EU information systems, in the SIS, or in the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well aslaid down in Article 47, and about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data.
Amendment 751 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. All information must be provided to data subjects in a manner and language which they understand, or are reasonably expected to understand. This must include providing information in an age- appropriate manner for data subjects who are minors.
Amendment 793 #
2017/0351(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in, processed or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party, with the exception of transfers to Interpol for the purpose of carrying out the automated processing referred to in [Article 18(2)(b) and (m) of the ETIAS Regulation] or for the purposes of Article 8(2) of Regulation (EU) 2016/399. Such transfers of personal data to Interpol shall be compliant with the provisions of Article 9 of Regulation (EC) No 45/2001 and Chapter V of Regulation (EU) 2016/679.
Amendment 797 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The supervisory authority or authorities designated pursuant to Article 4951 of Regulation (EU) 2016/679 and Article 41 of Directive (EU) 2016/680 shall ensure that an audit of the data processing operations by the responsible national authorities is carried out in accordance with relevant international auditing standards at least every four years.
Amendment 800 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Member States shall ensure that their supervisory authorities designated pursuant to Article 51 of Regulation2016/679 and Article 41 of Directive 2016/680 monitor the lawfulness of the processing of personal data under this Regulation carried out by Member States’ relevant authorities.
Amendment 804 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resourcesadditional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 806 #
2017/0351(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted. The EU Budgetary Authority shall ensure that the European Data Protection Supervisor has sufficient additional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.
Amendment 814 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. eu-LISA shall ensure that the central infrastructures of the interoperability components are operated in accordance with this Regulation. In that respect, eu-LISA shall follow the principles of data protection by design and by default.
Amendment 816 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the development of the interoperability components, for any adaptations required for establishing interoperability between the central systems of the EES, VIS, [ETIAS], SIS, and Eurodac, and [the ECRIS-TCN system], and the European search portal, the shared biometric matching service, the common identity repository and the multiple-identity detector.
Amendment 817 #
2017/0351(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Article 52 – paragraph 3 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination. In that regard, the tasks of eu-LISA shall also be: (a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the interoperability components; and (c) conduct a security risk assessment regarding the interoperability of EU information systems, interoperability components, Europol data and Interpol databases.
Amendment 821 #
2017/0351(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 a (new)
Article 53 – paragraph 1 – subparagraph 1 a (new)
eu-LISA shall perform regular information security risk assessments for the interoperability components, implement a comprehensive information security risk management process and follow the principles of privacy by design and by default during the entire lifecycle of those interoperability components.
Amendment 823 #
2017/0351(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 825 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) the connection to the communication infrastructure of the European search portal (ESP) and the common identity repository (CIR);
Amendment 828 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the integration of the existing national systems and infrastructures with the ESP, shared biometric matching service, the CIR and the multiple-identity detector;
Amendment 830 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point d
Article 54 – paragraph 1 – point d
(d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the ESP, the CIR and the multiple- identity detector in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles;
Amendment 832 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
(e) the adoption of the legislative measures referred to in Article 20(3) in order to access the CIREU information systems for identification purposes;
Amendment 836 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 946 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
Amendment 951 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data related to the multiple- identity detector, solely for the purposes of reporting and statistics without enabling individual identification:
Amendment 956 #
2017/0351(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in paragraph 1 of this Article in the central repository for reporting and statistics referred to in Chapter VII of this Regulation. The data included in the repository shall not enablebe anonymised and shall not be such as to allow for the identification of individuals, but it shall allow the authorities listed in paragraph 1 of this Article to obtain customisable reports and statistics to enhance the efficiency of border checks, to help authorities processing visa applications and to support evidence-based policymaking on migration and security in the Union.
Amendment 961 #
2017/0351(COD)
Proposal for a regulation
Article 58 – title
Article 58 – title
58 Transitional period applicable to the provisions on access to the common identity repositoryESP or shared BMS for law enforcement purposes
Amendment 969 #
2017/0351(COD)
1. The costs incurred in connection with the establishment and operation of the ESP, the shared biometric matching service, the common identity repository (CIR) and the MID shall be borne by the general budget of the Union.
Amendment 971 #
2017/0351(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The costs incurred by the designated authorities referred to in Article 4(24) shall be borne, respectively, by each Member State and Europol. The costs for the connection of the designated authorities to the CIR shall be borne by each Member State and Europol, respectively.
Amendment 976 #
2017/0351(COD)
Proposal for a regulation
Article 62 – paragraph 1 – point c
Article 62 – paragraph 1 – point c
(c) eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Articles 8(1), 13, 19, 34 and 39 and have notified them to the Commission;
Amendment 979 #
2017/0351(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, the measures referred to in Article 37 shall apply as of one year after the entry into force of this Regulation.
Amendment 980 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(2),9(7), 28(5) and 39(75) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 983 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The delegation of power referred to in Articles 8(2),9(7), 28(5) and 39(75) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 984 #
2017/0351(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(2),9(7), 28(5) and 39(75) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 991 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By [Six months after the entry into force of this Regulation — OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the interoperability components, eu-LISA shall submit a report to the European Parliament and the Council, the Council, and the European Data Protection Supervisor, on the state of play of the development of the interoperability components. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 996 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 3
Article 68 – paragraph 3
3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the interoperability components without having access to any personal data processed by those components.
Amendment 1007 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repositoryEU information systems and the SIS for law enforcement purposes, containing information and statistics on:
Amendment 200 #
2017/0332(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 201483 , invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to "improve access to safe drinking water […] for the whole population through environmental policies"84 . This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. It is also founded upon Principle 20 of the European Pillar of Social Rights and UN General Assembly Resolutions No 64/292 and No 68/157, which explicitly recognise that access to drinking water is a basic right essential for the realisation of all human rights. This is also in line with UN Sustainable Development Goal 6 and the associated target to "achieve universal and equitable access to safe and affordable drinking water for all". The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons,obstacles of geography, financial affordability, or a lack of infrastructure for the specific situation of certain parts of the populations), as well as quality, and acceptability, or. Concerning financial affordability. Concerning affordability of water, it is important to recall that, when setting water tariffs in accordance with the principle of recovery of costs and the polluter pays principle set out in Directive 2000/60/EC, Member States mayshould have regard to the variation in the economic and social conditions of the population and may thereforeshould either adopt social tariffs or take alternative measures to safeguarding populations at a socio- economic disadvantage. This Directive deal, such as through the provision of water banks, min particular,imum water quotas or water solidarity funds. This Directive deals with the aspects of access to water which are related to quality and availaccessibility. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights85 that states that "everyone has the right to access essential services of good quality, including water", Member States should be required to tackle the issue of universal access to water at national level whilst enjoying some discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance with freely accessible fountaby ensuring a sufficient number of freely accessible designated refill points in cities, and towns and at promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants. _________________ 83 84awareness raising campaigns for the general public of the location of these refill points; at encouraging the free provision of water intended for human consumption in public buildings, restaurants, shopping and recreational centres, as well as, in particular, areas of transit and large footfall such as at train stations and airports. _________________ 83 COM(2014)177 final COM(2014)177 final 84 COM(2014)177 final, p. 12. COM(2014)177 final, p. 12. 85 Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09) of 17 November 2017 (OJ C 428, 13.12.2017, p. 10).
Amendment 242 #
2017/0332(COD)
Proposal for a directive
Recital 26
Recital 26
(26) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote universal access to safe drinking water and, as a result, uphold the principles relating to health care and sanitation, access to services of general economic interest, environmental protection and consumer protection.
Amendment 254 #
2017/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. At the same time, this Directive shall promote universal access to water intended for human consumption.
Amendment 304 #
2017/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Without prejudice to their obligations under other Union provisions, Member States shall take the measures necessary to ensure thatpromote universal access to water intended for human consumption and to ensure that this water is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it meets all the following conditions :
Amendment 311 #
2017/0332(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .
Amendment 312 #
2017/0332(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall take measures to ensure that competent authorities carry out a comprehensive assessment, comprising all relevant public health, environmental, technical, economic factors, of the potential for improvements in the energy efficiency and water leakage reduction of the drinking water sector. Member States shall adopt targets to improve these energy efficiency and reduce leakage rates, the latter expressed in terms of cubic metres of water/km of pipe per day. Member States shall also set up meaningful incentives to ensure that water suppliers in their territory meet these leakage rates by 2030.
Amendment 382 #
2017/0332(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
Amendment 386 #
2017/0332(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(a a) in cooperation with water suppliers and other public health and environmental stakeholders, take prevention measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC;
Amendment 387 #
2017/0332(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a b (new)
Article 8 – paragraph 3 – point a b (new)
(a b) in cooperation with water suppliers and other stakeholders, take mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source.
Amendment 388 #
2017/0332(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a c (new)
Article 8 – paragraph 3 – point a c (new)
(a c) where measures set out above have not been deemed sufficient as providing adequate protections for human health, Member States may require water suppliers to carry out additional monitoring or treatment of certain parameters;
Amendment 499 #
2017/0332(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
13 AUniversal access to water intended for human consumption
Amendment 525 #
2017/0332(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) setting up and maintaining outdoors and indoors equipment for, including designated refill points, to ensure free access to water intended for human consumption in public spaces, particularly in areas of high footfall such as buildings connected with transport links (train, bus and coach terminals and stations), shopping and recreational centres;
Amendment 538 #
2017/0332(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c – point i a (new)
Article 13 – paragraph 1 – point c – point i a (new)
(i a) launching initiatives to raise awareness amongst the general public of the location of their nearest refill point;
Amendment 543 #
2017/0332(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c – point ii
Article 13 – paragraph 1 – point c – point ii
(ii) encouraging the free provision of such water in administrations and public buildings, and discouraging the use of plastic bottles;
Amendment 572 #
2017/0332(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that adequate and, up-to-date and accessible information on water intended for human consumption is available online to all persons supplied, in accordance with Annex IV.
Amendment 125 #
2017/0293(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The economic and environmental impacts of this transition to alternative powertrains is sensitive to the location where battery cells are produced in the future. It is of critical importance to set requirements for safe and sustainable battery production in Europe, to support scaled European battery cell manufacturing and a full competitive value chain in Europe and to develop and strengthen a highly skilled workforce along the whole value chain.
Amendment 505 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 2
Annex I – part A – point 6 – point 6.3 – paragraph 2
Amendment 509 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 2 a (new)
Annex I – part A – point 6 – point 6.3 – paragraph 2 a (new)
The specific emissions target = (specific emissions target of 2021) · (1- reduction factor of 2030) · ZLEV factor. For the purpose of the calculation of this formula the specific emissions target of 2021 as defined in point 4 shall be corrected to take into account the difference between the measured WLTP CO2 emissions and the declared WLTP CO2 emissions. For new entrants the Commission should develop through a delegated act a formula to calculate the relevant specific emission target of 2021 for each manufacturer.
Amendment 610 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 2
The specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2025)) · ZLEV factortarget of 2021) · (1- reduction factor of 2025) · ZLEV factor For the purpose of the calculation of this formula the specific emissions target of 2021 as defined in point 4 shall be corrected to take into account the difference between the measured WLTP CO2 emissions and the declared WLTP CO2 emissions. For new entrants the Commission should develop through a delegated act a formula to calculate the relevant specific emission target of 2021 for each manufacturer.
Amendment 637 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
The specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2030)) · ZLEV factor target of 2021) · (1- reduction factor of 2030)· ZLEV factor For the purpose of the calculation of this formula the specific emissions target of 2021 as defined in point 4 shall be corrected to take into account the difference between the measured WLTP CO2 emissions and the declared WLTP CO2 emissions. For new entrants the Commission should develop through a delegated act a formula to calculate the relevant specific emission target of 2021 for each manufacturer.
Amendment 2 #
2017/0123(COD)
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market.. ____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 6 #
2017/0123(COD)
Council position
Recital 21
Recital 21
(21) Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.
Amendment 7 #
2017/0123(COD)
Council position
Recital 22
Recital 22
Amendment 12 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 13 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 19 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a
Article 8 – paragraph 2 a
Amendment 23 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 25 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 3 #
2017/0122(COD)
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 9 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a. Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the out comes of the Commission’s report on the availability of safe and secure parking are as the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs.
Amendment 10 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 2
Article 8 – paragraph 8 – subparagraph 2
Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.;
Amendment 12 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 13 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 7 Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 7 Regulation (EC) No 561/2006
4. By 31 December 2024At the latest [OJ: three years after the date of entry into force of this amending Regulation], the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 for additional two years.
Amendment 3 #
2017/0121(COD)
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 6 #
2017/0121(COD)
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 8 #
2017/0121(COD)
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 10 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment. In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 13 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 17 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 19 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 4
Article 1 – paragraph 3 – subparagraph 4
Theis exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date fromon which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are requnegotiations between the Union and relevant thired to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationcountries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 21 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 23 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 25 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point c
Article 1 – paragraph 4 – subparagraph 1 – point c
(c) picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State and/or a third country, in accordance with Regulation (EC) No 1073/2009.
Amendment 28 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 29 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 31 #
2017/0121(COD)
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to be ending when the driver leavesfinally delivers goods or sets passengers down in the host Member State in the performance of the international carriage of goods or passengers. That period of posting shall not be cumulated with previous periods of posting in the context of such international operations performed by the same driver or by another driver whom he or she replaces.
Amendment 34 #
2017/0121(COD)
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 9 #
2016/2908(RSP)
Paragraph 4 a (new)
4a. Calls on the Commission to report back to the Parliament no later than one year after adoption of the final report of the Committee of Inquiry on the follow-up actions taken by the Commission and Member States on the conclusions and recommendations of the Committee of Inquiry;
Amendment 12 #
2016/2908(RSP)
Paragraph 5 a (new)
5a. To this end, calls on the Commission to change its internal structure and amend its division of responsibilities so that all legislative responsibilities currently held by DG GROW in the area of vehicle emissions are transferred to the responsibility of DG ENV.
Amendment 16 #
2016/2908(RSP)
Paragraph 6
6. Calls on the Commission to ensure that there are adequate human resources and, technical expertise and the appropriate level of autonomy in the JRC, including measures to keep relevant experience with vehicle and emissions technology and vehicle testing in the organisation; notes that the JRC may have additional verification responsibilities for requirements in the context of the proposal for a new market surveillance and type approval regulation;
Amendment 19 #
2016/2908(RSP)
Paragraph 8
8. Calls for the swift adoption, implementation and application of the 3rd and 4th real driving emissions (RDE) packages to complete the regulatory framework for the new type-approval procedure; recalls that, in order for RDE tests to be effective in reducing the discrepancies between the NOx emissions measured in the laboratory and on the road, the specifications of the test and evaluation procedures should be set out very carefully and should cover athe widest possible range of driving conditions, including temperature, engine load, vehicle speed, altitude, type of road and other parameters commonlythat can be found when driving in the whole Union;
Amendment 22 #
2016/2908(RSP)
Paragraph 9
9. Urges the Commission to reviewse downwards in 2017 the conformity factor for RDE tests of NOx emissions, as provided for by the 2nd RDE package, so that it no longer exceeds the error margin of the PEMS equipment; calls on the Commission to use subsequent annual revisions to reduce the conformity factor further - in line with the technical progress and improvement of the accuracy of the PEMS equipment while taking into account the possibility to introduce an EU system for the approval of PEMS guaranteeing minimum levels of performance - to bring it as close to 1 as soon as possible and by 2021 at the latest;
Amendment 34 #
2016/2908(RSP)
Paragraph 11
11. Calls on the Commission to continue its work on improving Portable Emission Measurement System (PEMS) measurements for particulate matter with a viewperformance in order to improvinge their accuracy and the technological abilityreduce their error margin; considers that for particulate matter PEMS technology should be able to account for particles whose size is smaller than 23 nanometres and that are the most dangerous to public health;
Amendment 38 #
2016/2908(RSP)
Paragraph 13
13. Urges the Member States to ensure more transparency in access to documents of the Technical Committee on Motor Vehicles (TCMV) meetings for their national parliaments;and all technical meetings that are linked to its work for their national parliaments; to this end, calls on the Commission and Member States to publish and make public, without exception, all minutes and positions submitted to and discussed in the Technical Committee on Motor Vehicles (TCMV).
Amendment 41 #
2016/2908(RSP)
Paragraph 14
14. Considers that although the RDE procedure will minimise the risk of defeat device use, it will not completely prevent recourse to illegal practices; recommends therefore that, in line with the approach of the US authorities, a degree of unpredictability is built into the type- approval testing and random tests are conducted on cars in-use and on the road in order to prevent any outstanding loopholes from being exploited; and to ensure compliance throughout the lifecycle of a vehicle; to this end recommends the performance of tests with variations in parameters such as inter alia ambient temperatures, speed patterns, vehicle load and duration of the test in order to detect irrational emission behaviour and allow type approval authorities and testing services to conduct random off-cycle additional tests as they see necessary;
Amendment 46 #
2016/2908(RSP)
Paragraph 14 a (new)
14a. Notes with concern that the official testing of CO2 emissions and fuel consumption of vehicles will still be limited to a laboratory test procedure (WLTP), which means that the illegal use of defeat devices remains possible and can stay undetected; urges the Commission and the Member States to establish remote fleet monitoring schemes - making use of roadside remote sensing equipment and/or on-board sensors - to screen the environmental performance of the in- service fleet and to detect possible illegal practices that might lead to continued discrepancies between the performance on paper and in the real world;
Amendment 48 #
2016/2908(RSP)
Paragraph 16
16. Calls on the Commission to analyse why the JRC’'s research findings and concerns discussed among the Commission’'s services with regard to possible illegal practices by manufacturers never reached the higher levels of the hierarchy; calls on the Commission to report its conclusions to Parliament;
Amendment 49 #
2016/2908(RSP)
Paragraph 16 a (new)
16a. Calls on the Commission to mandate the JRC to further investigate, together with the national authorities and independent research institutes, the suspicious emission behaviour observed on several cars in August 2016;
Amendment 61 #
2016/2908(RSP)
Paragraph 18 a (new)
18a. Considers that the results of the OLAF investigation and of any further internal investigation of the EIB on whether EU money was used to support RDI investments affected by the defeat devices that were installed on certain Volkswagen diesel engines shall be made publicly available; calls on OLAF and the EIB to share and make public such results with the Commission and the Parliament; asks the Commission, the EU Agencies and the EIB in particular, in case of a proven misuse of public funds, to suspend any upcoming disbursement and to recover the entire amount that was granted for the implementation of the projects; believes that the recovered amount should be used to compensate EU consumers affected by the Volkswagen scandal.
Amendment 64 #
2016/2908(RSP)
Paragraph 19
19. Calls for the swift adoption of the proposal for a Regulation on the approval and market surveillance of motor vehicles and their trailers (2016/0014(COD)), to enter into force no later than 2020, replacing the current framework directive on type-approval; considers the preservation of the level of ambition of the original Commission proposal, in particular as regards the introduction of EU oversight of the system, to bestrongly deplores all efforts to weaken the draft Commission proposal and to delay the process in the Council; considers the requirements foreseen in the original Commission proposal as the bare minimum objecti; believes to be achieved durihat these requirements should be preserved and possibly streng the interinstitutional negotiationsned while all attempts to dilute them should be rejected, in particular as regards the introduction of EU oversight onf the dossiersystem;
Amendment 67 #
2016/2908(RSP)
Paragraph 19 a (new)
19a. Calls for the creation of a European Agency for Market Surveillance of Road Transport, that would be in charge of market surveillance activities, coordinate the work of national market surveillance authorities, and have the final say in case of disagreements between them; suggests that the Agency should have the power to organise European-wide recall programs and to withdraw type-approval when appropriate; additionally, that the Agency should initiate a test or inspection following a submission of third party test verification results that show evidence of suspicious emission behaviour and that besides market surveillance, it should perform audits on national type approval authorities;
Amendment 76 #
2016/2908(RSP)
Paragraph 21
21. Believes that the new framework for EU type-approval should empower the new Agency, or other EU body created for that purpose, or failing that, the Commission to verify type approvals by retesting vehicles, using a wide range of tests, and to initiate corrective measures where necessary including mandatory recalls and fines; believes that the new Regulation must foresee that such corrective measures might include compensation to consumers if the original vehicles' performance was altered following any remedial action taken, as well as financial compensation for any negative external impacts (such as on air quality, public health, etc.);
Amendment 78 #
2016/2908(RSP)
Paragraph 21 a (new)
21a. Believes that there should be a clear legal and administrative separation of responsibilities and tasks between type approval authorities, testing services and manufacturers: the type-approval authorities should not perform any activities that technical services perform and there should be a strict separation between them in terms of financing, organisation and human resources in order to avoid any possible conflict of interest; additionally believes that the type-approval authorities and national market surveillance authorities should not provide consultancy services on a commercial or competitive basis.;
Amendment 84 #
2016/2908(RSP)
Paragraph 22
22. BCalls for the establishment of a fee structure to ensure proper and independent financing of type approval, market surveillance and activities of technical services; believes that type- approval authorities should be made responsible for checking the financialcommercial and economic relations existing between car manufacturers and technical servicessuppliers on the one hand and technical services on the other hand in order to prevent conflicts of interest between the two;
Amendment 93 #
2016/2908(RSP)
Paragraph 24
24. Points out the need for systematic enforcement of conformity of production and in-use conformity of vehicles by the national authorities responsible, further coordinated and supervised at EU level; believes that the conformity of production and in-use conformity testing should be done by a technical service different from the one responsible for the type-approval of the car in question and that in-house technical services should be excluded from performing the emissions test for type approval purposes; urges the Member States to clarify once and for all which authority is in charge of market surveillance in their territory, to ensure this authority is aware of its responsibilities, and to notify the Commission accordingly;
Amendment 96 #
2016/2908(RSP)
Paragraph 25
25. Calls onfor the Commission and the co-legislators to consider also introducing testing withswift adoption, implementation and application of the 4th RDE package, regulating the use of PEMS for in-service conformity checks, at least as a screening device, and and for third party testing; calls on the Commission and the co-legislators to introduce a mandate for the JRCAgency to conduct in-service conformity checks with PEMS in the context of the new type- approval framework;
Amendment 98 #
2016/2908(RSP)
Paragraph 25 a (new)
25a. Calls on the co-legislators to establish in the upcoming Regulation on the approval and market surveillance of motor vehicles, an EU-wide remote sensing network to monitor the real world emissions of the car fleet and to identify excessively polluting vehicles in order to target in-service conformity checks and to trace cars that might be illegally modified with hardware (e.g. EGR switch-off plates, DPF or SCR removal) or software (illegal chip tuning) modifications;
Amendment 99 #
2016/2908(RSP)
Paragraph 25 b (new)
25b. Calls on the Commission to make use of its delegated powers foreseen in Article 17 of Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trailers, to update the test methods for the periodic technical inspection of cars in order to measure the NOx emissions of cars, at least for these cars identified as highly polluting by remote sensing schemes;
Amendment 106 #
2016/2908(RSP)
Paragraph 27
27. Calls on the Commission and the Member States to assess the US practice of random off- production-line and in-service testing and to draw the necessary conclusions with regard to improving their market surveillance activities;
Amendment 128 #
2016/2908(RSP)
Paragraph 31
31. Suggests that the Commission should be empowered to impose effective, proportionate and dissuasive administrative fines and to command remedial and corrective actions where non-compliance of vehicles is established; considers that the possible sanctions should include type-approval withdrawal and the establishment of EU-wide recall programmes;
Amendment 143 #
2016/2908(RSP)
Paragraph 36 a (new)
Amendment 149 #
2016/2908(RSP)
Paragraph 36 c (new)
36c. Calls on the Commission to review the existing rules on consumer protection in order to create consistent standards across the Union and the possibility for class action against fraudulent companies; urges the European Commission to review all relevant EU legislation in order to support the establishment of a common compensation scheme and proper rules to compensate European consumers;
Amendment 152 #
2016/2908(RSP)
Paragraph 36 e (new)
36e. Calls on the Commission and the co-legislators to follow a more integrated approach in their policies to improve the environmental performance of cars, in order to ensure progress on both the decarbonisation and air quality objectives, such as by fostering the electrification or transition to alternative motorisations of the car fleet;
Amendment 153 #
2016/2908(RSP)
Paragraph 36 f (new)
36 f. Calls on the Commission, to that end, to review the Clean Power for Transport Directive and to come forward with a Draft Regulation on CO2 standards for the car fleets coming onto the market from 2025 onwards, with the inclusion of Zero Emission Vehicles (ZEV) and Ultra Low Emission Vehicles (ULEV) mandates that impose a stepwise increasing share of zero and ultra-low emission vehicles in the total fleet with the aim to phase out new CO2-emitting cars by 2035;
Amendment 155 #
2016/2908(RSP)
Paragraph 36 h (new)
36 h. Calls on the Commission to review the emissions limits set out in Annex I of Regulation (EC) No 715/2007 with a view to improving air quality in the Union and to achieving the Union ambient air quality limits as well as the WHO recommended levels, and come forward by 2025 at the latest with proposals, as appropriate, for new technology-neutral Euro 7 emission limits applicable for all M1 and N1 vehicles placed on the Union market;
Amendment 156 #
2016/2908(RSP)
Paragraph 36 i (new)
36i. Asks the Commission to consider the review of the Environmental Liability Directive (2004/35/EC) to include environmental damage caused by air pollution by car manufactures that are violating the EU's car emissions legislation; believes that if car manufactures could be held financially liable for remedying the environmental damage they caused, an increased level of prevention and precaution might be expected;
Amendment 157 #
2016/2908(RSP)
Paragraph 36 j (new)
36 j. Calls on the Commission to work with the Member States to ensure that no worker from the automotive sector should suffer from the emissions scandal; to this end, Member States and car manufacturers should coordinate and promote vocational training plans to guarantee that workers, whose employment situation has been negatively affected by the emission scandal, remain in employment in the future, for example in the field of alternative motorisations;
Amendment 164 #
2016/2908(RSP)
Paragraph 38 a (new)
38a. Considers that the final results and recommendations of the committee of inquiry could have been better aligned with the legislative work and timetable of the current proposal for a Regulation on the approval and market surveillance of motor vehicles and their trailers (2016/0014 (COD)) - which will replace and update the current directive on type- approval - in order to guarantee an effective sharing and full knowledge of the inquiry committee's findings and to be sure that the final conclusions and recommendations can be taken into account in the work of the legislative dossier, also at the initial stage of the internal negotiations in the Parliament;
Amendment 63 #
2016/2327(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to come forward with a 2025 targetn ambitious proposals for CO2 standards for 2025 for cars (in the range of at least 68-78 gr CO2/km) and vans (in the range of at least 105-120 gr CO2/km) to be calculated based on the new Worldwide harmonized Light vehicles Test Procedures (WLTP);
Amendment 88 #
2016/2327(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to adopt an ambitious mandate for the market uptake of electric vehicles, to come forward with a mandatory target for the minimum share of zero-emissions vehicles, and calls for a long-term European initiative on next generation batteries in this regard;
Amendment 163 #
2016/2327(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets, in this regard, the adoption of high conformity factors for NOx emissions and urges the Commission to review the conformity factors in 2017; stresses that at the latest from January 2021 the conformity factor for NOx shall be set to 1.00;
Amendment 176 #
2016/2327(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the aviation sector should contribute effectivelymust adequately contribute to achieving the 2030 climate targets and the objectives of the Paris Agreement;
Amendment 254 #
2016/2327(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Stresses that only crop-based biofuels that comply with sustainability criteria should not count towards Member States’ climate targets under the Effort Sharing Regulation;
Amendment 269 #
2016/2327(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Underlines the role that natural gas, in particular bio-methane and synthetic methane, could play in the transition towards the decarbonisation of the transport sector, especially with regard to shipping, aviation and HDVs.
Amendment 126 #
2016/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its concern about the continued fragmentation into four different legal systems; stresses the need to strengthen judicial independence, including from political pressure, and to fight corruption in the judiciary; urges the rapid adoption of the action plan for the implementation of the 2014-2018 justice sector reform; calls for full implementation of the laws on protection of children and effective access to justice for children; welcomes the adoption of the law on free legal aid at state level and the introduction by the High Judicial and Prosecutorial Council of guidelines on prevention of conflict of interest, the drafting of integrity plans and disciplinary measures; notes the important role of the Structured Dialogue on Justice in addressing the shortcomings in the BiH judiciary;
Amendment 174 #
2016/2313(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for boosting efforts to combat radicalisation and further measures to identify, prevent and disrupt the flow of foreign fighters, including by close cooperation with relevant services of the Member States and countries in the region; calls for the introduction of programmes on de-radicalisation and preventing youth radicalisationto build social cohesion amongst children and youth, and provide constructive opportunities for youth engagement in their communities;
Amendment 196 #
2016/2313(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens – including youth - in the EU accession process; notes that civil society is fragmented, institutionally and financially weak; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation;
Amendment 202 #
2016/2313(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a substantial improvement in the strategic, legal, institutional and policy frameworks on the observance of human rights; calls for the adoption of a countrywide strategy on human rights and non-discrimination; is concerned about continued discrimination against personchildren and adults with disabilities in the fields of employment, education and access to health care; calls for developing a comprehensive and integrated approach to the social inclusion of Roma; calls for better targeting of social assistance in order to reach the most vulnerable population; welcomes the fact that some governments and parliaments have begun discussing LGBTI rights and drawing up specific measures for their protection; welcomes changes to the BiH anti-discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identity;
Amendment 219 #
2016/2313(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for efforts to promote gender equality and increase the participation of women in political life and employment, to improve their socio- economic situation and to strengthen women’s rights on the wholeand girls' rights; underlines the importance of enhancing completion rate of primary and secondary schools by girls, particularly Roma girls; calls on the BiH authorities to combat early and forced marriages for girls below the age of 18;
Amendment 5 #
2016/2274(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that open, voluntary, inclusive, transparent, market-driven and consensus-oriented standardisation processes have been effective;
Amendment 15 #
2016/2274(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reminds that standards are an important tool for innovation and that open standards help stimulate and accelerate innovation processes and improve research and development;
Amendment 17 #
2016/2274(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the strategic importance of ICT standardisation, which should be part of an EU digital strategy to create economies of scale, improve competitiveness for European companies and increase interoperability and calls on the Commission to support an EU presence through European Stakeholder participation in international ICT fora;
Amendment 31 #
2016/2274(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the following ICT priority areas as: 5G communications, cloud computing, the Internet of Things (IoT), data technologies and cybersecurity. These are the essential technologyical building blocks on which equally important areas such as eHealth, smart and efficient energy use, intelligent transport systems and advanced manufacturing will rely;
Amendment 39 #
2016/2274(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds that common open standards are one prerequisite for cloud computing to flourish in the EU, by guaranteeing an appropriate level of security and thus ensuring trust and confidence for the different users;
Amendment 46 #
2016/2274(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Reiterates that data and the usage of big data are essential for the European digital economy to flourish, which requires common open standards to allow the cross-border and interdisciplinary flow of data in the EU;
Amendment 51 #
2016/2274(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks the Commission to rationalise the number of platforms and coordination mechanism, in conjunction with the existing recognised European Standards Organisations, to consolidate the number of platforms and coordination mechanisms, in particular to bring clarity for stakeholders such as SMEs;
Amendment 62 #
2016/2274(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the European adoption of the Reference Architecture Model for Industry 4.0; highlights that the usage of only national reference architecture will be a hindrance to the digitisation of European industry;
Amendment 77 #
2016/2274(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of agile standardisation processes, that are easily implemented with appropriate involvement of manufacturing industries, SMEall relevant stakeholders such as manufacturing industries, SMEs, social stakeholders, trade unions and NGOs;
Amendment 99 #
2016/2274(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on the Commission to develop with international partnersactively promote European standards internationally and to develop an agenda for closer cooperation based on specific areas of common interest with international partners;
Amendment 9 #
2016/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Available eEmission control technologies (ECTs) available at the time of adoption of the Euro 5 and 6 NOx emission limits, when properly applied, already allowed diesel cars to meet the Euro 5 NOx emission limit of 180 mg/km and the Euro 6 NOx emission limit of 80 mg/km by the date of their respective entry into force, in real world conditions and not only in laboratory tests.
Amendment 13 #
2016/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. There are large discrepancies between the NOx emissions of most Euro 3-6 diesel cars measured during the type- approval process with the New European Driving Cycle (NEDC) laboratory test, which meet the legal limit, and their NOx emissions measured in real driving conditions, which substantially exceed the limit. Those discrepancies affect most the vast majority of diesel cars and are not limited to the Volkswagen vehicles equipped with prohibited defeat devices. These discrepancies contribute, to a large extent, to infringements by several Member States of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.
Amendment 16 #
2016/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. The existence of the discrepancies, and their significant negative impact on attaining air quality objectives, in particular with regard to urban areas, had been known to the Commission, to the responsible authorities of the Member States and to many other stakeholders since at least 2004-2005 when the Euro 5/6 Regulation was being prepared. The discrepancies have been confirmed by a large number of studies by the Joint Research Centre (JRC) since 2010-2011 and other researchers since 2010-201104.
Amendment 18 #
2016/2215(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Although less so than for NOx emissions, there are also significant differences in the measured values of CO2 emissions and fuel consumption between laboratory tests and tests on the road;
Amendment 21 #
2016/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Before September 2015, the discrepancies were generally attributed to the inadequacy of the NEDC laboratory test, which is not representative of real world emissions, and to the optimisation strategies put in place by car manufacturers to pass the laboratory test, not to the use of prohibited defeat devices, although in 2013 a study conducted by the JRC discussed the possible use of defeat devices similar to those later discovered in Volkswagen vehicles. Evidence gathered by the committee suggested that car manufacturers are deliberately calibrating ECTs in their cars so that their effectiveness is reduced outside of the boundary conditions of the NEDC test.
Amendment 22 #
2016/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. The mandate forRather than waiting for a new, more realistic and certified test procedure, the co-legislators decided to continue with the development of the Euro 5/6 legislation in 2007, while at the same time giving a mandate to the Commission to keep the test cycles under review, and revise them if necessary to adequately reflect the emissions generated by real driving on the road, included by the legislators in 2007, . This resulted in the development and introduction of real driving emission (RDE) testing with Portable Emission Measurement Systems (PEMS) into the EU type-approval procedure as of 2017, while introducing at the same time the notion of a conformity factor (CF), which, in practice, weakens the emission standards currently in force.
Amendment 25 #
2016/2215(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. From the evidence gathered and from internal exchanges of emails in the Commission, it is clear that vehicle manufacturers strongly resisted the introduction of PEMS at any stage of type approval and delayed the work of the RDE-LDV working group, insisting on the application of the random laboratory cycle as an "easier procedure" for emission compliance, leaving the door open for possible cycle-beating.
Amendment 32 #
2016/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. It is debatable, as confirmed by several experts, whether there is a need to include any conformity factor in the RDE procedure, given that they remain in clear contradiction with the results of several independent tests carried out on Euro 6 cars, which showed NOx conformity factors below the value of 1.5 or even much lower than 1 are already achievable. Moreover, conformity factors are not justifiable from a technical perspective and do not reflect an obvious need to develop new technology, but rather allow the ongoing use of technology with less efficiency, while efficient technology is present on the market but has low penetration levels for economic reasons today.
Amendment 50 #
2016/2215(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Despite the issue of pollutant emissions from vehicles being not only a highly sensitive and political issue, but also a subject of high concern to the EU citizens, the Commission did not make any attempts to advance the decision- making process by making use of the possibility envisaged in the Regulatory Procedure with Scrutiny to bring forward the proposal to the level of the Council to increase political awareness and to exercise additional pressure on obstructing Member States. The Commission's failure to act in a timely manner on its responsibility to keep the test procedure under review and to revise it to reflect real world conditions constitutes maladministration.
Amendment 54 #
2016/2215(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. As the entity responsible for the process and agenda of the RDE-LDV working group, the Commission, and more specifically DG ENTR, should have steered the RDE-LDV working group towards an earlier choice of the option of PEMS testing, as that option was suggested in Recital 15 of the Euro 5/6 Regulation, was widely supported within the RDE- LDV group, and the JRC had already concluded in November 2010 that PEMS testing methods were sufficiently robust. This constitutes maladministration.
Amendment 55 #
2016/2215(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. The Commission (DG ENTR) delayed the RDE introduction date for compliance purposes on several occasions. It can be estimated that the total delay for introduction of the RDE test for compliance purposes in the framework of legally established emission limits while taking into account the inaccuracy of the measurement equipment equals 6 years (2020 for new vehicles instead of planned 2014 and 2021 for all vehicles instead of 2015).
Amendment 56 #
2016/2215(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. The CARS 2020 proposal, explicitly delayed necessary emissions regulations in order to protect the car industry from 'regulatory burden' in the aftermath of the economic and financial crisis. Ensuring compliance with existing EU emissions standards was superseded by the economic concerns of an industrial sector.
Amendment 60 #
2016/2215(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. The issue of pollution and its effects on public health and the environment was not given sufficient attention by the Commission's competent Industry DG (DG ENTR, subsequently DG GROW) despite calls for more action by the Commission's Environment DG (DG ENV) and it's likely that the relevant emissions legislation and its enforcement in the Union would be have been more robust if DG ENV was responsible. In a reply to a DG ENTR Interservice Consultation dated 16 November 2005 on the proposal for a Euro 5 emission limit, DG ENV gave a suspended opinion arguing that that it was justified to push for a lower NOx limit for diesel cars because standards elsewhere in the world were much more demanding than the proposed 200mg/km and that EU car makers were demonstrating their technical and economic capacity to comply with the much stricter NOx standard in the United States of 44mg/km.
Amendment 61 #
2016/2215(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. More pro-active involvement of DG ENV in the development of emissions legislation by bringing it forward to the level of the College of Commissioners could have contributed to more robust emissions legislation.
Amendment 64 #
2016/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Over half of the RDE-LDV working group participants consisted of experts from car manufacturers and other automotive industries. This can inter alia be attributed to the lack of sufficient technical expertise in the Commission departments. While the Commission consulted a wide range of stakeholders and ensured open access to the RDE-LDV group, it should have taken further steps to “"as far as possible, ensure a balanced representation of relevant stakeholders, including NGOs, consumers associations and civil society, taking into account the specific tasks of the expert group and the type of expertise required”", as required by the horizontal rules for Commission expert groups of 10 November 2010.
Amendment 65 #
2016/2215(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. The Commission should have acted to mitigate the central role played by the overrepresented industry representatives in the work of the RDE- LDV working group, who constantly delayed its work by re-opening topics that were considered clarified or even decided upon.
Amendment 71 #
2016/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Defeat devices were generally not considered among the possible reasons behind the discrepancies between laboratory and on-road NOx emissions and it was not generally suspected that they could be in actual use in any passenger car produced in the EU before the Volkswagen revelations in September 2015, despite the fact that such devices were found in the US in light-duty vehicles in 1995 and in heavy-duty vehicles in 1998.
Amendment 78 #
2016/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. The scope and provisions of the ban on defeat devices has never been disputed by anyone. No Member State or car manufacturer ever questioned or asked for clarification on the provisions on defeat devices, including the implementation of the ban, until the Volkswagen case.
Amendment 83 #
2016/2215(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Some emission control strategies applied by car manufacturers point towards the possible use of prohibited defeat devices. For instance, some manufacturers decrease the effectiveness of ECTs outside specific “"thermal windows”" close to the temperature range prescribed by the NEDC test, but which are not justifiable byaccording to the technical limitations of the ECTs. Others modulate ECTs to decrease their efficiency after a certain time from the start of the engine, close to the duration of the test, has elapsed. Moreover, in many cases, emissions measured on a test cycle after a certain period following engine start are unjustifiably higher, given the technical functionality of ECTs, than on the same cycle with measurements done immediately after engine start.
Amendment 87 #
2016/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Following the Volkswagen scandal, some car manufacturers have adjusted their thermal windows to allow their existing emissions control technologies to operate within a much broader temperature range.
Amendment 88 #
2016/2215(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. The evidence gathered confirmed that car manufacturers - who are responsible for ensuring that no prohibited defeat device is used in their vehicles - interpret the rules established in Article 5(2) of Regulation (EC) No 715/2007 in such a way that they are optimising their vehicles in order to simply pass the test cycle and comply with the letter of the law, but not necessarily the spirit. At the same time, the car manufacturers clearly disregarded the provisions set in Article 5(1) of the above- mentioned Regulation, obliging them to equip their vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with the Regulation and its implementing measures.
Amendment 89 #
2016/2215(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Optimisation strategies that reduce the effectiveness of ECTs can be attributed to commercial choices made by the car manufacturer to achieve different objectives, such as reducing fuel consumption, increasing user convenience, reducing costs by using cheaper parts or addressing design constraints. These objectives are not covered by the exemptions on the prohibition on the use of defeat devices.
Amendment 90 #
2016/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. No authority searched for defeat devices or proved the illegal use of defeat devices before September 2015. No Member State authority or technical service performed any tests other than the NEDC, that has to be used in the scope of type-approval, which in itself cannot point to the use of a defeat device. While an alternative test in itself may not necessarily identify the use of a defeat device, the use of tests other than the NEDC could indicate suspicious emission behaviour and prompt the need for further investigation. Alternative tests have always been a possibility but have never been used. The vast majority of car manufacturers present on the EU market declared that they use the derogations to the ban on defeat devices foreseen in Article 5(2) of Regulation (EC) No 715/2007. The legality of the use of the derogations is subject to ongoing investigations and court cases.
Amendment 97 #
2016/2215(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Between 2005 and 2015, the EIB granted loans to the Volkswagen Group in the order of EUR 4.3 billion. Of these about EUR 3.1billion concerned loans for RDI investments for emissions reduction of (passenger and commercial vehicle) engines. It is still unclear, pending ongoing investigations by OLAF and EIB, whether there is a link between the loans received by Volkswagen and the illegal software installed.
Amendment 103 #
2016/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Member States contravened their legal obligation to monitor and enforce the ban on defeat devices set out in Article 5(2) of Regulation (EC) No 715/2007. None of them, and in particular Member States whose national type approval authority type-approved the Volkswagen vehicles equipped with illegal software, found the defeat devices installed in the Volkswagen vehicles. Moreover, according to our investigations, most Member States, and at least Germany, France, Italy and Luxembourg, had evidence that irrational emission control strategies, based on conditions similar to the NEDC test cycle (temperature, duration, speed), were used in order to pass the type-approval test cycle. Ongoing investigations and court cases at national level will decide if emission control strategies used by car manufacturers constitute an illegal use of defeat devices or a lawful application of the derogations.
Amendment 114 #
2016/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. The Commission had no legal basis to search for defeat devices itself, but had the legal obligation to oversee the Member States’' enforcement of the ban on defeat devices. However, in spite of the awareness of, and communication between the relevant Commission services on, possible illegal practices by manufacturers, the Commission neither undertook any further technical or legal research or investigation on its own nor requested any information or further action from the Member States to verify whether the law may have been infringed, although it had the legal right to do so. This is despite an internal request from the Director General of DG ENV to the Director General of the responsible DG ENTR in 2014 to investigate the possibility of emission abatement techniques that "go beyond what is allowed by the Euro 5/6 legislation", which was subsequently ignored by DG ENTR.
Amendment 119 #
2016/2215(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. The Commission had to be aware of the likely use of defeat devices in practice, since its own Impact Assessment for the 2013 Clean Air Package clearly states that: "In addition to the intrinsic weakness of the NEDC, some vehicles seem to be designed to respect the limits only when tested on this cycle. Moreover, there is increasing evidence of illegal practices by some end users that defeat the anti-pollution systems to improve driving performance or save on the replacement of costly components" (footnote 39 of the Impact Assessment).
Amendment 120 #
2016/2215(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Moreover, research findings of the Commission's own science body, the Joint Research Centre, were pointing at the possible use of defeat devices and were seen by DG ENTR officials as "a clear case of hard cycle beating". The data of the Euro 5a diesel vehicle concerned was also part of a JRC report on eco- innovation, published in 2013, and in principle available to all Commission's officials.
Amendment 121 #
2016/2215(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Despite the clear indications of the possible illegal use of defeat devices, the Commission never made use of the provision under Regulation (EC) No 692/2008, which entitles it to request Member States' type approval authorities to provide information on the functioning of emission technology at low temperatures.
Amendment 122 #
2016/2215(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. The Commission should have followed up on correspondence between the JRC and DG ENTR, DG ENV and DG CLIMA, discussing possible "strange" emission behaviour in 2008 and 2010. The justification for why no action was taken, due to a lack of any indication or clear evidence of the possible use of defeat devices by car manufacturers, is wrong, as indications were given in the correspondence, and constitute maladministration, as evidence cannot be found unless it is sought.
Amendment 124 #
2016/2215(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. The Commission should have ensured that the JRC’'s research findings and concerns discussed among the Commission services with regard to possible illegal practices by manufacturers reached the higher levels of the hierarchy. This constitutes maladministration.
Amendment 126 #
2016/2215(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. The Commission should have shown more initiative and diligence as regards the possible use of illegal defeat devices by car manufacturers given the general suspicion and numerous indications thereof. The JRC should have received the mandate from the Commission to investigate whether the reported suspicious behaviours of certain vehicles have any illegal connotations.
Amendment 127 #
2016/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. No specific EU oversight of vehicle type-approval is provided for in the current framework, and the rules are subject to a variety of interpretations across the Member States, partly on account of the absence of an effective system for exchanging information among type- approval authorities and technical services. To correct this shortcoming, several witnesses expressed views in favour of a new European agency dedicated to surveillance of motor vehicles, increased Commission oversight or extending the mandate of an existing agency.
Amendment 133 #
2016/2215(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. There is an evident lack of control after type-approval, which is partly due to the current rules and partly due to uncertainty as to which authority is in charge of market surveillance. Effective conformity of production, in-service and end-of-lifecycle conformity checks to uncover cases where production vehicles and vehicles in use do not conform to the type-approved vehicle are often not in place or verified only through documents instead of physical tests carried out in the presence of the authorities. despite the fact that technology allowing vehicles to be measured in real world conditions on a large scale, and without being damaged, already exists
Amendment 162 #
2016/2215(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. One of the structural weaknesses of the current type-approval framework in Europe is that it is only the type-approval authority that granted a type-approval to a given vehicle that can effectively withdraw the certificate of conformity that was given to the vehicle concerned.
Amendment 166 #
2016/2215(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. The European legal framework does not foresee the possibility to compensate consumers if corrective measures such as mandatory recalls imposed by type approval authorities have an adverse impact on the original vehicles' performance (such as its durability, fuel economy or engine performance).
Amendment 185 #
2016/2215(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. The Commission did not take the initiative to push for a coordinated and mandatory recall program at EU level for cars of the Volkswagen group equipped with illegal defeat software.
Amendment 186 #
2016/2215(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. The Commission did notwaited several years to launch infringement procedures against those Member States that have not put in place effective market surveillance on pollutant emissions from vehicles and national system of penalties for infringements of EU law as required by the existing legislation.
Amendment 191 #
2016/2215(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Whilst the collection of written evidence via submission of written questions and questionnaires to both institutional and non-institutional parties was generally an effective means of evidence gathering, the written replies - essential for the committee to prepare each hearing - were often sent very late with little time left before the hearing to read and analyse the replies.
Amendment 205 #
2016/2215(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. In order to facilitate the work of the European Parliament's committees of inquiry, given they work under considerable time pressure to scrutinise a huge amount of documents, it is essential that the rules governing the treatment of confidential information by the European Parliament, and in particular the access rights of members' accredited parliamentary assistants (APAs) to "other confidential information" (OCI), are reviewed.
Amendment 20 #
2016/2169(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the workload of the Agency is constantly growing and reflected in the budgetary increases in income from fees charged to applicants; notes with concern that the imposed staff cuts in recent years included staff working on tasks financed by applicants' fees without regard to the workload involved; strongly supports, therefore, the introduction of flexibility in adjusting the number of establishment plan posts for staff working on tasks financed by applicants' fees, in line with increasing demand;
Amendment 22 #
2016/2169(DEC)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses the risk of budgetary volatility faced by the Agency as a consequence of the outcome of the UK referendum on Union membership; proposes, in the spirit of sound financial management, that the Agency be authorised to maintain a budgetary reserve to respond to unforeseen costs and unfavourable exchange rate fluctuation that may need to be incurred in 2017, or beyond, as a consequence of that decision, to ensure that the Agency can continue to carry out its tasks effectively;
Amendment 23 #
2016/2169(DEC)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Acknowledges that the Agency launched a pilot project in March 2014 on the safe use of adaptive pathways; notes that that pilot project aims to identify the appropriate tools within the current regulatory framework to bring to market medicines that address unmet medical needs for a defined patient population, and to ensure that marketing authorisation will only be granted if there is a positive balance of benefits and risks, without compromising patient safety or changing the standards of regulatory approval;
Amendment 3 #
2016/2150(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Article 11 of the Charter of Fundamental Rights of the European Union,
Amendment 4 #
2016/2150(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to Article 41 of the Charter of Fundamental Rights of the European Union,
Amendment 5 #
2016/2150(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to Article 42 of the Charter of Fundamental Rights of the European Union,
Amendment 6 #
2016/2150(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the United Nations Convention on the rights of persons with disabilities,
Amendment 21 #
2016/2150(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the continuReemphasizes the need efforts of the European Ombudsman to increase transparency in the TTIP negotiations through proposals to the European Commiss full and enhanced transparency in international agreements such as TTIP, CETA and others, as called for by numerous petitioners addressing the Committee on Petitions; commends the resulting publication by the Commission of numerous TTIP documents and the inclusion of transparency as one of the three pillars of the Commission’s new trade strategy; notes the continuing concerns of citizens with regard to these negotiations; encourages increasedin order to strengthen the new Commission's new three pillar trade strategy; Calls for stronger and wider efforts in this regard in order to safeguard the trust of European Citizens; Commends the continued efforts of the European Ombudsman on her efforts to enhance transparency in the TTIP negotiations on other international agreements;
Amendment 33 #
2016/2150(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. UrgNotes the Ombudsman to examine instances of maladminiEuropean Central Bank's stration in the functioning of the ECB due to the conflict of interest resulting from its statusus as acting both as a monetary authority and as a member of the Troika/Quadriga, thus abiding by the ECJ judgment in Case C-62/14 of 16 June 2015, especially paragraph 102 thereof, as well as the opinion expressed by Advocate-General Cruz Villalón in the same case, especially paragraphs 227 and 263 thereof and urges the European Ombudsman to be vigilant towards any possible instances of maladministration; in order to provide citizens with adequate safeguards for the good administration of one of Europe's most important financial authorities;
Amendment 39 #
2016/2150(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the need for transparency in EU decision-making, and supports the investigation by the European Ombudsmen into informal negotiations between the three main EU institutions (‘'trilogues’'); commends the awareness- raising actions by the Ombudsman on the matter; supports the publishing of key ‘'trilogue’' documents; welcomes the Ombudsman's involvement by launching a public consultation;
Amendment 42 #
2016/2150(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Encourages the European Commission and Member States to empower the European Ombudsman with the ability to issue a statement of non- compliance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents by the various EU Institutions, provided that these documents do not fall within the scope of Article 9(1) of the Regulation; Supports the notion that the Ombudsman should be empowered to take a decision on the release of the relevant documents, following an investigation into the non-compliance;
Amendment 47 #
2016/2150(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the Ombudsman's investigation into whether the Charter of Fundamental Rights is being respected when Member States spend money on projects financed by the EU Cohesion Fund, such as to fund projects that institutionalise people with disabilities rather than integrating them into society;
Amendment 50 #
2016/2150(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Welcomes the cooperation between the Ombudsman and the European Parliament within the UN Framework for the UN Convention of Rights of Persons with disabilities, in particular in calling for the full implementation of the Convention at EU level and for sufficient resources to be allocated for this; reaffirms its full support for the implementation of the Convention and calls on the Commission and Member states to enact the full implementation of the Convention at EU level;
Amendment 52 #
2016/2150(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Supports efforts to implement guidelines on lobbying transparency which affect not only EU institutions but national administrations as well;
Amendment 53 #
2016/2150(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Welcomes the opening of the Ombudsman's inquiry (Case 01/5/2016/AB) in to the Commission's handling of infringement complaints under EU Pilot procedures;
Amendment 55 #
2016/2150(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Supports the Ombudsman's efforts in dealing with discrimination cases, the rights of minority groups, and the rights of elderly people at the European Network of Ombudsmen Seminar: Ombudsmen against discrimination;
Amendment 58 #
2016/2150(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the introduction of a complaints mechanism for potential fundamental rights infringements in Frontex, following an ongoing Ombudsman investigation into practices employed by Frontex and Member States in joint forced returns of illegalrregular migrants; commends the inclusion of the same mechanism in the new European Border and Coast Guard;
Amendment 59 #
2016/2150(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Supports the Ombudsman's recommendations that the European Food Safety Agency should revise its conflict of interest rules and procedures for proper public consultation participation;
Amendment 60 #
2016/2150(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Supports the Ombudsman's efforts to include impartiality around Commission decision-making on competition matters;
Amendment 61 #
2016/2150(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Notes positively the Ombudsman's continuous dialogue and close relations with broad range of EU institutions including, the European Parliament, along with other agencies in order to ensure administrative cooperation and cohesion and commends the Ombudsman's effort to ensure continuous and open communication with the Committee on Petitions;
Amendment 73 #
2016/2150(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the need for EU agencies to abide by the same high standards of transparency, accountability, and ethics as all other institutions; notes with appreciation the important work performed by the European Ombudsman in several agencies across the EU; supports the proposal made to the European Chemicals Agency (ECHA) that registrants have to show that they tried their utmost to avoid animal testing and to provide information on how to avoid animal testing;
Amendment 5 #
2016/2140(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regards to the Convention on the Rights of the Child, the General Comment no. 16 of the UN Committee on the Rights of Child,
Amendment 40 #
2016/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas most human rights violations in the garment sector are labour- rights related and include the denial of workers fundamental right to join or form a union of their choosing and bargain collectively in good faith; whereas this has led to widespread labour rights violations ranging from poverty wages, wage theft, unsafe workplaces, physical and sexual harassment, to precarious work;
Amendment 67 #
2016/2140(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas children's rights are an integral part of human rights and ending child labour should remain an imperative; whereas the work of children requires specific regulations with regards to age, working time and types of work;
Amendment 111 #
2016/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative proposal on binding due diligence obligations for supply chains in the garment sector aligned with OECD guidelines and internationally agreed standards on human rights and social and environmental standards; this proposal should focus on the core problems garment workers face (occupational health and safety, a living wage, freedom of association, protection from sexual harassment and violence) and should address the following matters: key criteria for sustainable production, transparency and traceability, including collection of data and tools for consumer information, due diligence checks and auditing, access to remedy; gender equality, children's rights, supply-chain due diligence reporting; awareness raising; notes, however, with concern that a lot more needs to be done and urges the Commission to take further actions which have a direct impact on workers’ lives;
Amendment 127 #
2016/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the EU and its Member States to promote, through policy dialogue and capacity building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, in particular ILO Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability;
Amendment 139 #
2016/2140(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through a strong gender and children focus; calls on the Commission to make gender equality and children's rights a central focus of its flagship legislative initiative;
Amendment 148 #
2016/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to enhance codes of conduct, labels and fair trade schemes, and of ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the Children's Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children, and the upcoming OECD due diligence guidance for the garment and footwear sector;
Amendment 67 #
2016/2059(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees with the assessment of the Commission that Member States in the Baltic region and in central and south- eastern Europe, and Irelandtogether with Ireland, Cyprus and Malta – despite the huge infrastructure development efforts realised by certain Member States – are still dependent on a single supplier and are exposed to supply shocks and disruptions;
Amendment 95 #
2016/2059(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that liquefied natural gas (LNG) and gas storage are of particular importance in order to achieve energy diversification and enhance energy security; calls in this context for the promotion and development of new natural gas nodes and LNG storage stations in the central and south-eastern regions, the Baltic and the Mediterranean;
Amendment 100 #
2016/2059(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that, in most cases, priority should be given to market-based solutions and to the utilisation of existing LNG infrastructure on a regional level; notes, however, that solutions can be different depending on national and market specificities, such as the level of interconnectivity, availability of storage solutions and market structure;
Amendment 106 #
2016/2059(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. SPoints out that it is important to address the market uncertainties delaying the necessary investments and to give a strong boost to the competitiveness of this energy source in order to ensure that consumers do not have to bear the costs of any new projects; stresses that in order to avoid stranded assets, a careful analysis of LNG supply alternatives and options in a regional perspective should be carried out before deciding about new infrastructure in order to guarantee the most efficient use of existing infrastructurevestments;
Amendment 115 #
2016/2059(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Strongly believes that the EU strategy has to ensure that LNG is accessible at regional level all over Europe; stresses the importance of regional cooperation when building new LNG terminals and underlines that Member States with access to the sea should cooperate closely with landlocked countries;
Amendment 148 #
2016/2059(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of finding cost efficient energy supply options to increase supply security in the Member States on the periphery of the EU, such as Cyprus, Malta and IreIreland, which is not well connected to the internal energy market; highlights also the need to support the most vulnerable countries that continuous to remain energy islands, which are not well connected to the internal energy market; such as Cyprus and Malta, in order to diversify their sources and routes of supply; in this context stresses that LNG and gas storage shall contribute towards ending any kind of energy isolation of the Member States and regions of the EU; furthermore, urgent action is needed for the implementation of key PCIs in these countries;
Amendment 153 #
2016/2059(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of finding cost efficient energy supply options to increase supply security in the Member States on the periphery of the EU, such as Cyprus, Malta and Ireland, which are not well connected to the internal energy market; underlines that the issue of 'energy islands' must be solved as soon as possible and that EU support for LNG investments in these countries should be given a priority;
Amendment 194 #
2016/2059(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the important role that liquid gas hubs play on the gas markets; stresses that the Mediterranean region is particularly important in this sense and calls for a Mediterranean gas hub in Southern Europe;
Amendment 198 #
2016/2059(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that significant gas reserves in the North African countries and recent discoveries in the Eastern Mediterranean provide the region with an opportunity to emerge as a vibrant centre for transporting gas into Europe; believes that new LNG capacity being developed in the Mediterranean could form the basis of an infrastructure hub;
Amendment 263 #
2016/2059(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Underlines that it must be ensured that an appropriate number of refuelling points for LNG are put in place at European maritime ports to enable LNG inland waterways vessels or seagoing ships to circulate all over European seas and waters;
Amendment 4 #
2016/2058(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that EU policy tools and capacities are not sufficiently developed yet to drive the transformation of the heating and cooling sector, to maximise the use of potentials and to deploy solutions for demand reduction and decarbonisation at the required scale and pace;
Amendment 10 #
2016/2058(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 50% of the energy used for heating and cooling in the EU is primary energy, but no EU policy tools and capacities are sufficiently developed yet to drive the transformation of this sector, to maximise the use of potentials and to deploy solutions for demand reduction and decarbonisation at the required scale and pace;
Amendment 13 #
2016/2058(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 50% of the energyfinal energy demand is used for heating and cooling in the EU is primary energyof which 80% is used in buildings;
Amendment 17 #
2016/2058(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. reminds that 50% of our necessary cuts in emissions, to live up to our COP21 engagements, must come from energy efficiency, and given that buildings consume 40% of final energy and cause 36% of CO2 emissions, stresses that lowering energy demand in buildings is the most direct and cost-effective way to actually reach our climate ambitions, meanwhile boosting the EU's energy security and re-industrialisation;
Amendment 45 #
2016/2058(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that consumers must be at the centre of this strategy, using modern technologies and innovative solutions to shift to a smart, efficient and sustainable heating and cooling system that can unlock energy and budgetary savings for companies and citizens, improve air quality, increase well-being for individuals and provide benefits to businesses and to society as a whole;
Amendment 101 #
2016/2058(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out the necessity to take along specific measures for heating and cooling when revising the energy efficiency directive (2012/27/EU) and the renewable energy directive (2009/28/EC) as well as the energy performance of buildings directive (2010/31/EU);
Amendment 382 #
2016/2058(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for specific attention in the existing and new European funding programmes, such as the EFSI, for innovative and sustainable heating and cooling projects such as micro-generation and storage, refurbishments and development of district heating and especially for clustering small-scale projects into larger, bankable clusters; points out in this regard the importance of well-functioning technical assistance;
Amendment 410 #
2016/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. TBelieves that consumers must be at the centre of this strategy, using modern technologies and innovative solutions to shift to a smart, efficient and sustainable heating and cooling system that can unlock energy and budgetary savings for companies and citizens, improve air quality, increase well-being for individuals and provide benefits to businesses and to society as a whole; therefore, takes the view that consumers must be made fully aware of the technological and economic benefits of new heating and cooling systems, so as to enable them to make the best possible choices;
Amendment 411 #
2016/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that consumersthe Member States must make sure, amongst others via information campaigns, one-stop-shops, joint purchases and clustering of individual projects, that consumers, especially the muost bvulnerable, are made fully aware and have access tof the technological and economic benefits of new energy efficiency products and services and heating and cooling systems, so as to enable them to make the best possible choices, sign up to joint or individual projects, and grasp the economic, health and quality of life benefits of better heating and cooling in their homes;
Amendment 712 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; In particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU's equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 725 #
2016/2009(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Member States to uphold their obligations and combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 734 #
2016/2009(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions; reiterates its call on the Commission to present a new European Strategy for the Rights of the Child;
Amendment 736 #
2016/2009(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for child-friendly juvenile justice systems in which children understand their rights and their role when they are involved as victims, witnesses or alleged offenders; calls for the adoption of special measures in both criminal and civil proceedings to protect children from unnecessary stress and repeated victimisation;, taking into account the Directive 2016/800 on procedural safeguards for children suspected or accused in criminal proceedings
Amendment 738 #
2016/2009(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the 116 emergency hotline to be accessible EU-wide 24/7 for children and for the use of anonymised chat lines on Internet, as these are much more convenient for children in stress and should be set up as a unified system in the EU using official and minority languages; calls on Member States to support the European common number 116111 dedicated to child helplines, by strengthening hotlines and chatlines capacities and European network and by allocating sufficient funds
Amendment 750 #
2016/2009(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited; calls on the industry to take their shared responsibility and refrain from addressing misleading and aggressive advertising towards children;
Amendment 753 #
2016/2009(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a code of conduct on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children; calls on the Member States to increase their police and judicial cooperation cross border to prevent and combat cybercrime;
Amendment 756 #
2016/2009(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on Member States to fully implement Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography; calls on the law- enforcement authorities, both at national and EU-level to invest in new technologies to fight crimes in the dark web and deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organized networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;
Amendment 761 #
2016/2009(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the announcement byUrges the Member States to take immediate action in response to the Europol Report that at least 10 000 unaccompanied children went missing in the EU in 2015 has clearly shown that; calls on Member States and European agencies have to step up their efforts urgently in terms of cross-border cooperation, information exchanges and joint investigations and operations in order to fight child trafficking in human beings; notes that appointing, sexual abuse and other forms of exploitation and to protect children; calls on Member States to expedite the appointment of qualified guardians to unaccompanied children is an important safeguard toand ensure theirat the best interests; calls for registration and the use of convenient and dependable identification tools for children of all ages until of the child is always taken into account; calls on Member States to register and identify with finger prints children in a child- friendly way to ensure that they enter the inclusnational procestection systems in order to prevent their disappearance; recommends to reinforce existing tools for missing children including the European hotlines for missing children;
Amendment 171 #
2016/0409(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to specify the objectives of SIS, its technical architecture and its financing, to lay down rules concerning its end-to-end operation and use and to define responsibilities, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, rules on the deletion of alerts, the authorities authorised to access the data, the use of biometric identifiers and further rules on data protection and data processing.
Amendment 175 #
2016/0409(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintainfor the co-legislators to approve the maintenance of a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts. National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information.
Amendment 183 #
2016/0409(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they alsre also entitled to search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council45 . This should help ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 45 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 188 #
2016/0409(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographic data should be mandatory only if there is any doubt concerning the identity of a person identity of the person cannot be ascertained by any other means. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 192 #
2016/0409(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The introduction of an automated fingerprint identification service within SIS complements the existing Prüm mechanism on mutual cross-border online access to designated national DNA databases and automated fingerprint identification systems46 . .The Prüm mechanism enables interconnectivity of national fingerprint identification systems whereby a Member State can launch a request to ascertain if the perpetrator of a crime whose fingerprints have been found, is known in any other Member State. The Prüm mechanism verifies if the owner of the fingerprints are known in one point in time therefore if the perpetrator becomes known in any of the Member States later on he or she will not necessarily be captured. The SIS fingerprint search allows an active search of the perpetrator. Therefore, it should be possible to upload the fingerprints of an unknown perpetrator into SIS, provided that the owner of the fingerprints can be identified to a high degree of probability as the perpetrator of a serious crime or act of terrorism. This is in particular the case if fingerprints are found on the weapon or on any object used for the offencere is evidence to show that the owner of the fingerprints is the perpetrator of a serious crime or act of terrorism. The mere presence of the fingerprints at the crime scene should not be considered as indicating a high degree of probabilityevidence that the fingerprints are those of the perpetrator. A further precondition for the creation of such alert should be that the identity of the perpetrator cannot be established via any other national, European or international databases. Should such fingerprint search lead to a potential match the Member State should carry out further checks with their fingerprints, possibly with the involvement of fingerprint experts to establish whether he or she is the owner of the prints stored in SIS, and should establish the identity of the person. The procedures should be subject of national law. An identification as the owner of an "unknown wanted person" in SIS may substantially contribute to the investigation and it may lead to an arrest provided that all conditions for an arrest are met. _________________ 46 Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p.1); and Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
Amendment 194 #
2016/0409(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Fingerprints found at a crime scene should be allowed to be checked against the fingerprints stored in SIS if it can be established to a high degree of probabilitythere is evidence to show that they belong to the perpetrator of the a serious crime or terrorist offence. Serious crimes should be those offences, for which there is automatic surrender to the Requesting Member State, as listed in Council Framework Decision 2002/584/JHA47 and ‘terrorist offence’ should be those offences under national law referred to in Council Framework Decision 2002/475/JHA48 .set out in Articles 3, 4, 12 and 14 of Directive (EU) 2017/541 on combating terrorism48 _________________ 47 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 48 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
Amendment 200 #
2016/0409(COD)
(20) It should be possible, in a narrow band of clearly defined cases, to add a DNA profile in cases where dactylographic data are not available, and which should only be accessible to authorised users. DNA profiles should facilitate the identification of missing persons in need of protection and particularly missing children, including by allowing the use of DNA profiles of parents or siblings to enable identification. DNA data should not contain references to racial origin or health information.
Amendment 207 #
2016/0409(COD)
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 216 #
2016/0409(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) AWithout prejudice to the rights of suspects and accused persons, in particular, to their right to have access to a lawyer in accordance with Directive 2013/48/EU1a, a new action should be included for cases of suspected terrorism and serious crime, allowing for a person who is suspected to have committed a serious crime or where there is a reason to believe that he or she will commit a serious crime, to be stopped and questioned in order to supply the most detailed information to the issuing Member State. This new action should not amount either to searching the person or to his or her arrest. It should supply, however, sufficient information to decide about further actions. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHAose offences, for which there is automatic surrender to the requesting Member State as listed in Council Framework Decision2002/584/JHA1b the offences listed in Council Framework Decision 2002/584/JHA. _________________ 1a Directive 2013/48/EU on the right of access to a lawyer in criminal proceeding sand in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty 1bCouncil Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1).
Amendment 220 #
2016/0409(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes, it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes. Moreover,t is therefore necessary to maintain a review of the necessity of an alert after a period of three years. It is already the case that Member States may and do regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period. Therefore, the retention period for alerts on persons should be a maximum of five years. As a general principle, alerts on persons should be automatically deleted from SIS as soon as they are no longer necessary, or after a period of fivthree years, except for alerts issued for the purposes of discreet, specific and inquiry checks. These should be deleted after one year. Alerts on objects entered for discreet checks, inquiry checks or specific checks should be automatically deleted from the SIS after a period of one year, as they are always related to persons. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from SIS after a period of five years, as after such a period the likelihood of finding them is very low and their economic value is nsignificantly diminished. Alerts on issued and blank identification documents should be kept for 10 years, as the validity period of documents is 10 years at the time of issuance. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 223 #
2016/0409(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. Offences pursuant to Articles 13, 24, 312 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/54 on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society, and these offences are extremely difficult to prevent, detect and investigate in an area without internal border controls where potential offenders circulate freely. Where a person or object is sought in relation to these offences, it is always necessary to create the corresponding alert in SIS on persons sought for a criminal judicial procedure, on persons or objects subject to a discreet, inquiry and specific check as well as on objects for seizure, as no other means would be as effective in relation to that purpose. _________________ 50 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
Amendment 225 #
2016/0409(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to provide clarityrules concerning the deletion of alerts. An alert should be kept only for the time required to achieve the purpose for which it was entered. Considering the diverging practices of Member States concerning the definition of the point in time when an alert fulfils its purpose, it is appropriate to set out detailed criteria for each alert category to determine when it should be deleted from SIS.
Amendment 229 #
2016/0409(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Data processed in SIS in application of this Regulation should not be transferred or made available to third countries or to international organisations. However, it is appropriate to strengthen cooperation between the European Union and Interpol by promoting an efficient exchange of data on missing and or stolen passport data. Where personal data is transferred from SIS to Interpol, these personal data should be subject to an adequate level of protection, guaranteed by an agreement, providing strict safeguards and conditions.
Amendment 232 #
2016/0409(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The provisions of Directive (EU) 2016/680, Regulation (EU) 2016/679 and Regulation (EC) No 45/2001 should be further specified in this Regulation where necessary. With regard to processing of personal data by Europol, Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement cooperation (Europol Regulation)54 applies. _________________ 54Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 25.5.2016, p. 53).
Amendment 235 #
2016/0409(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation and should be granted sufficient resources to carry out this task. The rights of data subjects for access, rectification and erasure of their personal data stored in SIS, and subsequent remedies before national courtthe number of cases brought before national courts and subsequent remedies as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member States.
Amendment 237 #
2016/0409(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. The extension of Europol's access rights to the SIS alerts on missing persons should further improve Europol's capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation, including online. This would contribute to better prevention of these criminal offences, the protection of potential victims and to the investigation of perpetrators. Europol's European Cybercrime Centre would also benefit from new Europol access to SIS alerts on missing persons, including in cases of travelling sex offenders and child sexual abuse online, where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing. Furthermore, since Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry or stay within the territory of a Member State either on criminal grounds or because of non-compliance with visa and stay conditions.
Amendment 239 #
2016/0409(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 243 #
2016/0409(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Regulation (EU) 2016/1624 of the European Parliament and of the Council56 provides for the purpose of this Regulation, that the host Member State is to authorise the members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks, deployed by the European Border and Coast Guard Agency, to consult European databases, where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts as part of migration management support teams, who are not members of the staff of those Union agencies. The objective of the deployment of the European Border and Coast Guard teams, teams of staff involved in return- related tasks and the migration management support team is to provide for technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. Fulfilling the tasks assigned to the European Border and Coast Guard teams, teams of staff involved in return- related tasks and the migration management support team necessitates access to SIS via a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches carried out by the team or the teams of staff in SIS reveal the existence of an alert issued by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore it should inform the Member States concerned allowing for follow up of the case. _________________ 56Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).
Amendment 247 #
2016/0409(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)57 the ETIAS Central Unit of the European Border and Coast Guard Agency willmay have to perform verifications in SIS via ETIAS in order to perform thean assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this endherefore, should the ETIAS Regulation be adopted, the ETIAS Central Unit within the European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on persons and alerts on blank and issued personal identification documents. _________________ 57 COM (2016)731 final.
Amendment 248 #
2016/0409(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Owing to their technical nature, level of detail and need for regular updating, certain aspects of SIS cannot be covered exhaustively by the provisions of this Regulation. These include, for example, technical rules on entering data, updating, deleting and searching data, data quality and search rules related to biometric identifiers, rules on compatibility and priority of alerts, the adding of flags, links between alerts, specifying new object categories within the technical and electronic equipment category, setting the expiry date of alerts within the maximum time limit and the exchange of supplementary information. Implementing powers in respect of those aspects should therefore be conferred to the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications.
Amendment 249 #
2016/0409(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) In order to ensure the proper functioning of both the SIS itself and the SIRENE Bureaux, responsible for the exchange of supplementary information on alerts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the adoption of the SIRENE Manual.
Amendment 251 #
2016/0409(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seekshould fully respect the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights while seeking to ensure a safe environment for all persons residing on the territory of the European Union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data.
Amendment 254 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including where appropriate, biometric identifiers as referred to in Article 22 and in Article 40, entered in SIS allowing the competent authorities to identify a person or an object with a view to taking specific action;
Amendment 260 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 263 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200271 ; , where those offences are punishable, in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years; _________________ 71 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1).
Amendment 266 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘terrorist offences’ means offences under national law referred to in Articles 1- 4 of Framework Decision 2002/475/JHA of 13 June 200272 . _________________ 72 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).3, 4, 12 and 14 of Directive (EU) 2017/541
Amendment 271 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 61 unless prior consent is obtained from the issuing Member State.
Amendment 279 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in Article 72(2) The Commission shall be empowered to adopt a delegated act in accordance with Article 71a concerning the formadoption of a manual - called the ‘SIRENE Manual’ - containing detailed rules for the exchange of supplementary information.
Amendment 280 #
2016/0409(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its national copy, which will be established voluntarily by the Member State, produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required to perform their tasks, in particular all data required, where necessary, all available data which would allow for the identification of the data subject and to takeallow the required action to be taken.
Amendment 286 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The recordlogs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 287 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Articles 40, 41 and 42 the logs shall show, in particular, the type of data used to perform a search, a reference to the type of data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 288 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation.
Amendment 292 #
2016/0409(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 294 #
2016/0409(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data security, data protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties laid down in accordance with Article 66a.
Amendment 301 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmittprocessed, the type of data used to perform searches, the reference to the type of data transmittprocessed and the name of the competent authority responsible for processing the data.
Amendment 302 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Articles 40, 41 and 42 the logs shall show, in particular, the type of data used to perform the search, a reference to the type data transmittprocessed and the names of both the competent authority and the person responsible for processing the data.
Amendment 304 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 307 #
2016/0409(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 314 #
2016/0409(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 317 #
2016/0409(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point x
Article 20 – paragraph 3 – point x
(x) relevant DNA profiles subject to Article 22(1)(b) of this Regulationwhere permitted in accordance with Article 22(1)(b) and Article 32(2)(a) and (c), relevant DNA profiles;
Amendment 322 #
2016/0409(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought by a Member State as a suspect, or an object is sought, in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHA3,4, 12 and 14 of Directive (EU) 2017/541 on combating terrorism, the Member State shall, in all circumstances, create the corresponding alert under either Article 34, 36 or 38 as appropriate.
Amendment 332 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) Photographs, facial images, and dactylographic data and DNA profiles shall only be entered following a quality check to ascertain the fulfilment of a minimum data quality standard.
Amendment 335 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) A DNA profile may only be added to alerts only in the situations provided for in Article 32(2)(a) and (c), only following a quality check to ascertain the profile fulfils a minimum data quality standard, and only where photographs, facial images or dactylographic data suitable for identification are not available. The DNA profiles of persons who are direct ascendants, descendants or siblings of the alert subject may be added to the alert provided that those persons concerned gives explicit consent. TWhe racial origin of the person shall not be included in the DNA profilere a DNA profile is added to an alert, that profile should contain the minimum information strictly necessary for the identification of the missing person and, in all event, shall always exclude the racial origin and health information of that person.
Amendment 338 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Quality standards shall be established for the storage of the data referred to under paragraph 1(a) and (b) of this Article and Article 40. The specification of these standards shall be laid down by means of implementing measures and updated in accordance with the examination procedure referred to in Article 72(2).
Amendment 347 #
2016/0409(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering such data have been met, the other data listed in Article 20(3) shall also be entered.
Amendment 351 #
2016/0409(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a Member State considers that to give effect to an alert entered in accordance with Articles 26, 32, 36 and 3640 is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the SIRENE Bureau of the issuing Member State.
Amendment 353 #
2016/0409(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The issuing Member State may, in the case of an ongoing search operation and following the authorisation of the relevant judicial authority of the issuing Member State, temporarily make an existing alert for arrest issued under Article 26 of this Regulation unavailable for searching to the effect that the alert shall not be searchable by the end-user and will only be accessible to the SIRENE Bureaux. This functionality shall be used for a period not exceeding 48 hours. If operationally necessary, however, it may be extended by further periods of 4872 hours. Member States shall keep statistics about the number of alerts where this functionality has been used.
Amendment 358 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a – point ii
Article 32 – paragraph 2 – point a – point ii
(ii) in order to prevent a threats to public security;
Amendment 370 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraph 2(a) shall apply in particularonly to children and to persons who have to be interned following a decision by a competent authority.
Amendment 375 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. An entry for an alert on a child referred to in paragraph 2(c) shall be entered at the request of therequested by a competent judicial authority of the Member State that has jurisdiction in matters of parental responsibility in accordance with Council Regulation No 2201/200374 where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where that competent judicial authority is situated.1a In Member States which are party to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and where Council Regulation No 2201/2003 does not apply, the provisions of the Hague Convention are applicable. _________________ 741aCouncil Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
Amendment 382 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. Four months before a child who is the subject of an alert under this Article reaches adulthood, CS-SIS shall automatically notify the issuing Member State that the reason for request and the action to be taken have to be updated or the alert shas toll be deleted.
Amendment 385 #
2016/0409(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member State in order to agree without delayin 12 hours on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a) and (c), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law.
Amendment 391 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) where there is a clear indicationevidence that a person intends to commit or is committing a serious crime, in particular then offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for maximum period of at least three years;
Amendment 393 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) where the information referred to in Article 37(1) is necessary for the execution of a criminal sentence of a person convicted of a serious crime, in particular then offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for a maximum period of at least three years; or
Amendment 395 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to believe that that person may also commit serious crimes in the future, in particular the, in the future, commit an offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA, where that offence is punishable, in the issuing Member State, by a judicial decisions executing a custodial sentence or detention order for a maximum period of at least three years.
Amendment 396 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. In addition, an alert may be issued in accordance with national law, at the request of the authorities responsible for national security, where there is a concrete indicationclear evidence that the information referred to in Article 37(1) is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. The Member State issuing the alert pursuant to this paragraph shall inform the other Member States thereof. Each Member State shall determine to which authorities this information shall be transmitted.
Amendment 398 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Where there is a clear indicationevidence that vehicles, boats, aircraft and containers are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those vehicles, boats, aircraft and containers may be issued.
Amendment 399 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Where there is a clear indicationevidence that blank official documents or issued identity documents are connected with the serious crimes referred to in paragraph 2 or the serious threats referred to in paragraph 3, alerts on those documents, regardless of the identity of the original holder of the identity document, if any, may be issued. The technical rules necessary for entering, updating, deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 405 #
2016/0409(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Depending on the operational circumstances and in accordance with national law, and without prejudice to the rights of suspects and accused persons to have access to a lawyer in accordance with Directive2013/48/EU1a, an inquiry check shall comprise a more in-depth check and a questioning of the person. Where inquiry checks are not authorised by the law of a Member State, they shall be replaced by discreet checks in that Member State. _________________ 1a Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty
Amendment 406 #
2016/0409(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. During specific checks, persons, vehicles, boats, aircraft, containers and objects carried, may be searched in accordance with national law for the purposes referred to in Article 36. Searches shall be carried out in accordance with national law. Where specific checks are not authorised by the law of a Member State, they shall be replaced by inquirydiscreet checks in that Member State.
Amendment 409 #
2016/0409(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The definition ofCommission shall be empowered to adopt a delegated act in accordance with Article 70b to define new sub- categories of object under paragraph 2(n) and t. The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 418 #
2016/0409(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Dactylographic data may be entered in SIS, not related to persons who are subject of the alerts. These dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation, of serious crime ands or terrorist offence and whs undere it can be established to a high degree of probability that they belong to the perpetrator of the offence. The dactylographic data in this category shall be stored as “unknown suspect or wanted person” provided that the competent authoritiesnvestigation and where there is other evidence that the dactylographic data belong to the perpetrator of the offence. If the competent authority of the issuing Member State cannot establish the identity of the personsuspect by using any other national, European or international database.relevant data base, the dactylographic data in this category may be stored as “unknown suspect or wanted person”
Amendment 426 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, either photographs, facial images, dactylographic data andor DNA profiles shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 427 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, either photographs, facial images, dactylographic data andor DNA profiles shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 436 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued pursuant to Articles 26, 34(1) b) and d) and Article 36 may also be searched by using complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation, and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 437 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 446 #
2016/0409(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point d
Article 43 – paragraph 1 – point d
(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals, insofar as these authorities do not constitute "determining authorities" as defined in Article 2(f) of Directive 2013/32/EU, and where relevant providing advice in accordance with Regulation (EU) 377/2004.
Amendment 448 #
2016/0409(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
The serviccompetent authorities in the Member States responsible for issuing registration certificates for vehicles, as referred to in Council Directive 1999/37/EC75 , shall have access only to the following data entered into SIS in accordance with Article 38(2)(a), (b), (c) and (l) of this Regulation for the sole purpose of checking whether vehicles presented to them for registration have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings: _________________ 75 Council Directive 1999/37 of 29 April 1999 on the registration of documents for vehicles (OJ L 138, 1.6.1999, p. 57).
Amendment 449 #
2016/0409(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
Access to those data by the serviccompetent authorities responsible for issuing registration certificates for vehicles shall be governed by the national law of that Member State.
Amendment 450 #
2016/0409(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 451 #
2016/0409(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 453 #
2016/0409(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
The serviccompetent authorities in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines and aircraft shall have access only to the following data entered into SIS in accordance with Article 38(2) of this Regulation for the sole purpose of checking whether boats, including boat engines; aircraft or containers presented to them for registration or subject of traffic management have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings:
Amendment 455 #
2016/0409(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 456 #
2016/0409(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 457 #
2016/0409(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 467 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 471 #
2016/0409(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/1624, the host Member State shall authorise members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandateto consult the SIS where that is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return.
Amendment 472 #
2016/0409(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well asand the members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 49(1).
Amendment 474 #
2016/0409(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 475 #
2016/0409(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be logged.
Amendment 476 #
2016/0409(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support team and shall not be extended to any other team members.
Amendment 478 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. For the purposes of Article 48(1) and paragraph 2 of this Article the European Border and Coast Guard Agency shall set up and maintain a technical interface which allows a direct connection to Central SISDuly authorised staff of the European Border and Coast Guard Agency shall have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, for the purpose of analysing the threats that may affect the functioning or security of the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 480 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The European Border and Coast Guard Agency shall,In so far as it is necessary for the purpose of performing itsany tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), the ETIAS Central Unit within the European Border and Coast Guard Agency shall have the right to access and search data entered in SIS, in accordance with Articles 26, 32, 34, 36 and 38(2) (j) and (k).
Amendment 482 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 486 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
Amendment 490 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it. Alerts issued for the purposes of Article 36 of this Regulation shall be kept for a maximum period of one year.
Amendment 494 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 5
Article 51 – paragraph 5
5. IAs soon cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person or an object has achieved its purpose and should be deleted from SIS, the staff shall notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30seven calendar days from the receipt of thisat notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30seven-day period expires without such a reply, the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 499 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Alerts for arrest for surrender or extradition purposes pursuant to Article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing Member State. They mayshall also be deleted where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.
Amendment 507 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
Where a hit has been achieved in a Member State and the address details were forwarded to the issuing Member State and a subsequent hit in that Member State reveals the same address details the hit shall be logged in the executing Member State but neither the address details nor supplementary shall be resent to the issuing Member State. In such cases the executing Member State shall inform the issuing Member State of the repeated hits and the issuing Member State shall considerarry out a comprehensive individual assessment on the need to maintain the alert.
Amendment 511 #
2016/0409(COD)
(b a) once the check has been carried out by an executing Member State
Amendment 515 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. Alerts on unknown wanted persons pursuant to Article 40 shall be deleted in accordance with the following rulesupon:
Amendment 516 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 8 a (new)
Article 52 – paragraph 8 a (new)
8 a. a decision to delete by the competent authority of the issuing Member State
Amendment 518 #
2016/0409(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end.
Amendment 522 #
2016/0409(COD)
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any such misuse of data shall be subject to sanction in accordance with Article 66a
Amendment 530 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 534 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Where the Member States are unable to reach agreement within twoone months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 536 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. The Member States shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert. Where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in Article 59. and of his or her right to redress in accordance with Article 66(1)
Amendment 538 #
2016/0409(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Not later than 72 hours after having become aware of a security incident, Member States shall notify the Commission, the Agency and the national supervisory authority of securitythat incidents. The Agency shall notify the Commission and the European data Protection Supervisor of security incidents.
Amendment 540 #
2016/0409(COD)
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 66a.
Amendment 545 #
2016/0409(COD)
Proposal for a regulation
Article 59 – paragraph 3 – introductory part
Article 59 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS :;
Amendment 549 #
2016/0409(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.is deleted
Amendment 565 #
2016/0409(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Article 66 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.
Amendment 581 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, updating or deleting an alert in total and for each Member State. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The Agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to Article 26 of this Regulation temporarily non-searchable, in total and for each Member State, including any extensions to the retention period of 48 hours.
Amendment 583 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. Member States as well as Europol, Eurojust and the European Border and Coast Guard Agency shall provide the Agency and the Commission with the information necessary to draft the reports referred to in paragraphs 3, 7 and 8. This information shall include separate statistics on the number of searches carried out by, or on behalf of, by the servicby the competent authorities in the Member States responsible for issuing vehicle registration certificates and the serviccompetent authorities in the Member States responsible for issuing registration certificates or ensuring traffic management for boats, including boat engines; aircraft and containers. The statistics shall also show the number of hits per category of alert.
Amendment 593 #
2016/0409(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 8(4), 12(7), 32(5), 42(4), 51(3) and 75(2a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council
Amendment 139 #
2016/0408(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to specify the objectives of SIS, its technical architecture and its financing, to lay down rules concerning its end-to-end operation and use and to define responsibilities, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, rules on the deletion of alerts, the authorities authorised to access the data, the use of biometric identifiers and further rules on data protection and data processing.
Amendment 143 #
2016/0408(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintainfor the co-legislators to approve the maintenance of a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts. National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information.
Amendment 150 #
2016/0408(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning migratory pressure and border management, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data. Any statistic retained in the repository or produced by the repository should not contain personal data as defined in Regulation (EC) No 45/20011a _________________ 1aREGULATION (EC) No 45/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
Amendment 152 #
2016/0408(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they alsre also entitled to search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council44 . This should help ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 44 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 154 #
2016/0408(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they alsre also entitled to search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council44 . This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 44 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 159 #
2016/0408(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of dactylographic datafingerprints and facial images. Searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person identity of the person cannot be ascertained by any other means. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 162 #
2016/0408(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Fingerprints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probabilitythere is evidence to show that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be those offences, for which there is automatic surrender to the Requesting Member State, as listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be those offences under national law referred to in Council Framework Decision 2002/475/JHA46 . _________________ 45Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1). 46 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3)set out in Articles 3, 4, 12 and 14 of Directive (EU) 2017/541 on combating terrorism referred to in Council Decision 2002/475/JHA .
Amendment 169 #
2016/0408(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A greater level of effectiveness, harmonisation and consistency can be achieved by making it mandatory to enter in SIS all entry bans issued by the competent authorities of the Member States in accordance with procedures respecting Directive 2008/115/EC47 , and by setting common rules for entering such alerts following the return of the illegallyrregular staying third country national. Member States should take all necessary measures to ensure that no time-gap exist between the moment in which the third-country national leaves the Schengen area and the activation of the alert in SIS. This should ensure the successful enforcement of entry bans at external border crossing points, effectively preventing re-entry into the Schengen area. _________________ 47 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 170 #
2016/0408(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) This Regulation should set mandatory rules for the consultation of national authorities in case a third country national holds or may obtain a valid residence permit or other authorisation or right to stay granted in one Member State, and another Member State intends to issue or already entered an alert for refusal of entry and stay to the third country national concerned. Such situations create serious uncertainties for border guards, police and immigration authorities. Therefore, it is appropriate to provide for a mandatory timeframe for rapid consultation with a definite result in order to avoid that persons representing a threat may enter to the Schengen areamandatory timeframe for rapid consultation with a definite result in order that those entitled to reside lawfully in the EU are entitled to enter the EU without difficult and that those who are not entitled to enter the EU are prevented from doing so.
Amendment 173 #
2016/0408(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC. Therefore, the retention period for alerts on persons should be a maximum of fivt is therefore necessary to maintain a review of the necessity of an alert after a period of three years. As a general principle, alerts on persons should be automatically deleted from SIS as soon as they are no longer necessary, or after a period of fivthree years. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 174 #
2016/0408(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. In cases of offences pursuant to Articles 13, 24, 312 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/54 on combating terrorism49, an alert should always be created on third country nationals for the purposes of refusal of entry and stay taking into account the high level of threat and overall negative impact such activity may result in. _________________ 49Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3)as these constitute a very serious threat to public security and integrity of life of individuals and to society.
Amendment 180 #
2016/0408(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Regulation (EU) 2016/67950 should apply to the processing of personal data under this Regulation by Member States authorities when Directive (EU) 2016/68051 does not apply. Regulation (EC) No 45/2001 of the European Parliament and of the Council52 should apply to the processing of personal data by the institutions and bodies of the Union when carrying out their responsibilities under this Regulation. The provisions of Directive (EU) 2016/680, Regulation (EU) 2016/679 and Regulation (EC) No 45/2001 should be further specified in this Regulation where necessary. With regard to processing of personal data by Europol, Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement cooperation53 (Europol Regulation) applies. _________________ 50 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1). 51 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (OJ L 119, 4.5.2016, p.89). 52 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p.1). 53Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 25.5.2016, p. 53).
Amendment 183 #
2016/0408(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation and should be granted sufficient resources to carry out this task. The rights of data subjects for access, rectification and erasure of their personal data stored in SIS, and subsequent remedies before national courtthe number of cases brought before national courts and the subsequent remedies as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member States.
Amendment 186 #
2016/0408(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State either on criminal grounds or because of non- compliance with entry and stay conditions.
Amendment 188 #
2016/0408(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 193 #
2016/0408(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Regulation (EU) 2016/1624 of the European Parliament and of the Council54 provides for the purposes of this Regulation, that the host Member State is to authorise the members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks, deployed by the European Border and Coast Guard Agency, to consult European databases, where this consultation is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. Other relevant Union agencies, in particular the European Asylum Support Office and Europol, may also deploy experts as part of migration management support teams, who are not members of the staff of those Union agencies. The objective of the deployment of the European Border and Coast Guard teams, teams of staff involved in return-related tasks and the migration management support teams is to provide for technical and operational reinforcement to the requesting Member States, especially to those facing disproportionate migratory challenges. Fulfilling the tasks assigned to the European Border and Coast Guard teams, teams of staff involved in return- related tasks and to the migration management support teams, necessitates access to SIS via a technical interface of the European Border and Coast Guard Agency connecting to Central SIS. In cases where searches carried out by the team or the teams of staff in SIS reveal the existence of an alert issued by a Member State, the member of the team or the staff cannot take the required action unless authorised to do so by the host Member State. Therefore it should inform the Member States concerned allowing for follow up of the case. _________________ 54 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251 of 16.9.2016, p. 1).
Amendment 198 #
2016/0408(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay are relevant information for assessing possible threats that may affect the external borders and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to statistical data but not personal data from SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55 the ETIAS Central Unit of the European Border and Coast Guard Agency willmay have to perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this endherefore, should the ETIAS Regulation be adopted, the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55COM (2016)731 final.
Amendment 201 #
2016/0408(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Owing to their technical nature, level of detail and need for regular updating, certain aspects of SIS cannot be covered exhaustively by the provisions of this Regulation. These include, for example, technical rules on entering data, updating, deleting and searching data, data quality and search rules related to biometric identifiers, rules on compatibility and priority of alerts, the adding of flags, links between alerts, setting the expiry date of alerts within the maximum time limit and the exchange of supplementary information. Implementing powers in respect of those aspects should therefore be conferred to the Commission. Technical rules on searching alerts should take into account the smooth operation of national applications.
Amendment 202 #
2016/0408(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to ensure the proper functioning of both the SIS itself and the SIRENE Bureaux, responsible for the exchange of supplementary information on alerts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the adoption of the SIRENE Manual
Amendment 203 #
2016/0408(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seekshould fully respect the protection of personal data in accordance with Article 8 of the Charter of Fundamental Rights while seeking to ensure a safe environment for all persons residing on the territory of the European Union and athe protection of irregular migrants from exploitation and trafficking by allowing their identification while fully respecting the protection of personal data.
Amendment 206 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 207 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘alert’ means a set of data, including, where appropriate, biometric identifiers as referred to in Article 22, entered in SIS allowing the competent authorities to identify a person with a view to taking specific action;
Amendment 214 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, logging, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Amendment 219 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200268 ;, where those offences are punishable in the issuing Member State, by a judicial decision executing a custodial sentence or detention order for a maximum period of at least three years _________________ 68 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (0J L 190, 18.07.2002, p. 1).
Amendment 222 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
(p) ‘terrorist offences’ means offences under national law referred to in Articles, 1-4 of Framework Decision 2002/475/JHA of 13 June 200269 . _________________ 69 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 3, 4 and 14 of Directive (E) 2017/54169 . _________________ 69 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 228 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Supplementary information shall be used only for the purpose for which it was transmitted in accordance with Article 43 unless prior consent is obtained from the issuing Member State.
Amendment 235 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in Article 55(2) The Commission shall be empowered to adopt a delegated act in accordance with Article 54a concerning the formadoption of a manual called the ‘SIRENE Manual’ containing detailed rules for the exchange of supplementary information.
Amendment 236 #
2016/0408(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure, by means of the services provided by CS-SIS, that data stored in the national copy, which will be established voluntarily by the Member State, are, by means of automatic updates referred to in Article 4(4), identical to and consistent with the SIS database, and that a search in its voluntary national copy produces a result equivalent to that of a search in the SIS database. EIn so far as this is possible, end-users shall receive the data required, to perform their tasks, in particular all data requirednd where necessary, all the available data which would allow for the identification of the data subject and to takewhich would allow the required action to be taken.
Amendment 242 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the type of data used to perform a search, a reference to the of type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 243 #
2016/0408(COD)
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 244 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The logs may be used only for the purpose referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,two years after their creation.
Amendment 247 #
2016/0408(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that each authority entitled to access SIS data takes the measures necessary to comply with this Regulation and cooperates, where necessary, with the national supervisory authority.
Amendment 249 #
2016/0408(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Before being authorised to process data stored in SIS and periodically after access to SIS data has been granted, the staff of the authorities having a right to access SIS shall receive appropriate training about data-security, data-protection rules and the procedures on data processing as set out in the SIRENE Manual. The staff shall be informed of any relevant criminal offences and penalties laid down in accordance with Article 49a of this regulation.
Amendment 255 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmittprocessed, the type of data used to perform searches, the reference to the type of data transmittprocessed and the name of the competent authority responsible for processing the data.
Amendment 256 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the search is carried out with dactylographic data or facial image in accordance with Article 22 and 28 the logs shall show, in particular, the type of data used to perform a search, a reference to the type data transmittprocessed and the name of both the competent authority and the person responsible for processing the data.
Amendment 257 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The logs may only be used for the purposes mentioned in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years,wo years after their creation. The logs which include the history of alerts shall be erased after one to threetwo years after deletion of the alerts.
Amendment 261 #
2016/0408(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 269 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 2 , 34, 12 and 14 of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 281 #
2016/0408(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third country nationals if theat third country national is a suspect of an offence that falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA3,4,12 or 14 of Directive (EU) 2017/541 on combating terrorism71 . _________________ 71 Council Framework Decision 2002/475/JHA of 13 JuneDirective (EU) 2017/541 of the European Parliament and of the Council of 15 March 200217 on combating terrorism (OJ L 164, 22.6.2002, p. 3).and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
Amendment 292 #
2016/0408(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where available, allnd provided that the conditions for entering the data have been met, the other data listed in Article 20(2) shall also be entered.
Amendment 297 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Data onf a third-country nationals in respect of whom an alert hasmay been issued for the purposes of refusing entry and stay shallmay be entered in SIS on the basis of a national alert resulting from a decision taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment. AThe third country national concerned shall be entitled to appeals against thoseat decisions shall be made in accordance with national law.
Amendment 298 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. An alert shall be entered where the decision referred to in paragraph 1 is based on a threat to public policy or public security or to national security which the presence of the third-country national in question in the territory of a Member State may pose. This situation shallmay arise in particular in the case of:
Amendment 300 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least one year; serious crime or terrorist offence
Amendment 305 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) a third-country national in respect of whom there are serious grounds for believingis clear evidence to suggest that he has committed a serious crime or in respect of whom there areis clear indicationsevidence of an intention to commit such an offence in the territory of a Member State.
Amendment 311 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. An alert shall also be entered where the decision referred to in paragraph 1 is an entry ban issued in accordance with procedures respecting Directive 2008/115/EC. The issuing Member State shall ensure that the alert takes effect in SIS at the point of return of the third- country national concerned. The confirmation of return shall be communicated to the issuing Member State in accordance with Article 6 of Regulation (EU) 2018/xxx [Return Regulation].
Amendment 317 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. PWhere such data is contained within an alert in the SIS, photographs, facial images andor dactylographic data shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 326 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimserious crimes or terrorist offences under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 328 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 336 #
2016/0408(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) examining the conditions and taking decisions related to the entry and stay of third-country nationals on the territory of the Member States, including on residence permits and long-stay visas, and to the return of third-country nationals; insofar as these authorities do not constitute "determining authorities" as defined in Article 2(f) of Directive 2013/32/EU1a, and where relevant providing advice in accordance with Regulation(EU) 377/20041b; _________________ 1aDirective 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection 1bCouncil Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network
Amendment 343 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end. EuropolWhere Europol creates an off-line database with SIS data, it shall report any such extensionsa database to the European Data Protection Supervisor.
Amendment 346 #
2016/0408(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In accordance with Article 40(8) of Regulation (EU) 2016/16241a, the members of the European Border and Coast Guard teams or teams of staff involved in return- related tasks as well as theand members of the migration management support teams shall, within their mandate, have the right to access and search data entered in SIS within their mandate. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 347 #
2016/0408(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Members of the European Border and Coast Guard teams or teams of staff involved in return-related tasks as well as theand members of the migration management support teams shall access and search data entered in SIS in accordance with paragraph 1 via the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article 32(2).
Amendment 348 #
2016/0408(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where a search by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams reveals the existence of an alert in SIS, the issuing Member State shall be informed thereof. In accordance with Article 40 of Regulation (EU) 2016/1624, members of the teams may only act in response to an alert in SIS under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State in which they are operating. The host Member State may authorise members of the teams to act on its behalf.
Amendment 350 #
2016/0408(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Every instance of access and every search made by a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams shall be logged in accordance with the provisions of Article 12 and every use made by them of data accessed by them shall be registered.
Amendment 351 #
2016/0408(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Access to data entered in SIS shall be limited to a member of the European Border and Coast Guard teams or teams of staff involved in return-related tasks or by a member of the migration management support teams and shall not be extended to any other team member.
Amendment 352 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff of the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security have access to the statistical data contained in the central repository referred to in Article 54(6) for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of Regulation (EU) 2016/16241a. _________________ 1aREGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 ofn the external borders, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC
Amendment 354 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. For the purposes of Article 31(2) and paragraphs 1 of this Article, the European Border and Coast Guard Agency shall set up and maintain a technical interface which allows a direct connection to Central SIS.
Amendment 355 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 357 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The European Border and Coast Guard Agency shallIn so far as it is necessary, for the purpose of performing itsany tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), the ETIAS central unit within the European Border and Coast Guard Agency shall have the right to access and verify data entered in SIS, in accordance with Articles 24 and 27.
Amendment 359 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 362 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
Amendment 368 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it.
Amendment 370 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. IAs soon cases where it becomes clear to staff in the SIRENE Bureau, who are responsible for coordinating and verifying of data quality, that an alert on a person has achieved its purpose and should be deleted from SIS, the staff shall notify the authority which created the alert to bring this issue to the attention of the authority. The authority shall have 30seven calendar days from the receipt of this notification to indicate that the alert has been or shall be deleted or shall state reasons for the retention of the alert. If the 30seven-day period expires without such a reply the alert shall be deleted by the staff of the SIRENE Bureau. SIRENE Bureaux shall report any recurring issues in this area to their national supervisory authority.
Amendment 372 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted when the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26 or upon the expiry of the alert in accordance with Article 34.
Amendment 374 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted when the measure implementing the travel ban has been terminated, suspended or annulled or upon the expiry of the alert in accordance with Article 34.
Amendment 378 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Alerts issued in respect of a person who has acquired citizenship of any State whose nationals are beneficiaries of the right of free movement within the Union shall be deleted as soon as the issuing Member State becomes aware, or is informed pursuant to Article 38 that the person in question has acquired such citizenship., or upon the expiry of the alert in accordance with Article 34
Amendment 379 #
2016/0408(COD)
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 1
Article 36 – paragraph 3 – subparagraph 1
Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end.
Amendment 381 #
2016/0408(COD)
Proposal for a regulation
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State. Any misuse of data shall be subject to sanction in accordance with Article 49a.
Amendment 388 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two working days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.in seven working days from the notification
Amendment 391 #
2016/0408(COD)
4. Where the Member States are unable to reach agreement within twoone months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor and the national supervisory authorities concerned for a decision.
Amendment 392 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The Member States shall exchange supplementary information where a person complains that he or she is not the person wanted by an alert. Where the outcome of the check shows that there are in fact two different persons the complainant shall be informed of the measures laid down in Article 42. and of his or her right to redress in accordance with Article 49(1)
Amendment 394 #
2016/0408(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Not later than 72 hours after having become aware of a security incident, Member States shall notify the Commission, the Agency and the European Data Protection Supervisor of securitynational supervisory authority of that incidents. The Agency shall notify the Commission and the European data Protection Supervisor of security incidents.
Amendment 395 #
2016/0408(COD)
Proposal for a regulation
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
4 a. Where a security incident is caused by the misuse of data, Member States, Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that sanctions may be imposed in accordance with Article 49a.
Amendment 400 #
2016/0408(COD)
Proposal for a regulation
Article 42 – paragraph 3 – introductory part
Article 42 – paragraph 3 – introductory part
3. For the purpose of this Article, and subject to the explicit consent of the person whose identity was misused, only the following personal data may be entered and further processed in SIS:
Amendment 404 #
2016/0408(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. The data referred to in paragraph 3 shall be deleted as soon as this is requested by the person whose identity was misused or at the same time as the corresponding alert or earlier where the person so requests.
Amendment 412 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4 a. Any person has the right to have factually inaccurate data relating to him or her rectified or unlawfully stored data relating to him or her erased
Amendment 419 #
2016/0408(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Article 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 420 #
2016/0408(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 426 #
2016/0408(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49 a Sanctions Member States shall ensure that any wrongful entry of data into SIS, misuse of data entered into SIS, or exchange of supplementary information contrary to this Regulation is subject to sanctions under national law. Such sanctions shall be effective, proportionate and dissuasive. Europol, Eurojust and the European Border and Coast Guard Agency shall ensure that any misuse of data entered into SIS by their staff or members of their teams accessing SIS under their authority is subject to sanctions which shall be effective, proportionate and dissuasive.
Amendment 449 #
2016/0408(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 8(4), 12(7), 32(5),42(4), 51(3) and 75(2a) shall be conferred on the Commission for an indeterminate period of time from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 8(4), 12(7), 32(5), 42(4), 51(3)and 75(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 8(4), 12(7), 32(5), 42(4), 51(3) and75(2a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 89 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘return decision’ means a return decision as defined in Article 3(4) of Directive 2008/115/EC once, if requested, any appeal with suspensive effect has been exhausted in accordance with Article 13(1) of that Directive or the time period for lodging such appeal has expired, and any period for voluntary departure has passed in accordance with Article 7(1) of that Directive;
Amendment 99 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC and not or no longer subject to any suspensive appeal shall be entered in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 110 #
2016/0407(COD)
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 13, 24, 312 and 14 of Council Framework Decision 2002/475/JHA on combating terrorismDirective (EU) 2017/541;
Amendment 115 #
2016/0407(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point u
Article 4 – paragraph 1 – point u
(u) dactylographicfingerprint data;
Amendment 134 #
2016/0407(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority shall immediately consult the issuing Member State, which remains responsible for the enforcement of such a decision, through the exchange of supplementary information in order to determine without delay the action to be taken.
Amendment 148 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted whenas soon as the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted whenpromptly once the third-country national concerned can demonstrate that they have left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 159 #
2016/0407(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation may be transferred or made available to a third- country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only if the following cumulative conditions are satisfied: (a) the data is transferred or made available solely for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of returnrregularly staying third-country national in view of return; (b) the third-country national concerned has been informed that his or her personal information will be shared with authorities of a third country. No information regarding the fact that an irregularly staying third-country national has made an application for international protection in a Member State shall be disclosed to the alleged actor(s) of persecution or serious harm in full accordance with Article 30 of Directive 2013/32/EU of the European Parliament and of the Council1a. Transfers of personal data to third countries or international organisations pursuant to paragraph 2 shall not prejudice the right of the third country national as regards non-refoulement. Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the return decision has temporarily been suspended or postponed in accordance with Article 3(3). _______________ 1a Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
Amendment 167 #
2016/0407(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 88 #
2016/0382(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) On 12th December 2015, the EU agreed together with other nations on the Paris Agreement on climate action, which the EU successfully ratified on 4th October 2016 and which entered into force on 4th November 2016. The objectives of the global agreement commit the EU to further action to reduce greenhouse gas emissions and to reassess its contribution to the global commitment of limiting the increase of atmospheric temperature to well below 2 degrees Celsius while pursuing efforts to limit the increase to 1.5 degrees Celsius. The revision of this Directive must be in line with the EU's obligations as a party of the Paris Agreement.
Amendment 156 #
2016/0382(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States should be encouraged to pursue all appropriate forms of cooperation in relation to the objectives set out in this Directive. Such cooperation can take place at all levels, bilaterally or multilaterally. Apart from the mechanisms with effect on target renewable energy share calculation and target compliance, which are exclusively provided for in this Directive, namely statistical transfers between Member States, joint projects and joint support schemes, cooperation should also take place within the framework of macro-regional partnership as established by Regulation [Governance] and can also take the form of, for example, exchanges of information and best practices, as provided for, in particular, in the e-platform established by Regulation [Governance], and other voluntary coordination between all types of support schemes. The European Commission's Trans-European Networks for Energy (TEN-E) strategy should support the objectives of this Directive and set out additional incentives for cross-border cooperation as well as regional cooperation between Member States in the area of renewable energy.
Amendment 167 #
2016/0382(COD)
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) Since energy poverty affects around 11% of the population and around 50 million households of the Union, renewable energy policies have an essential role to play in addressing energy poverty and consumer vulnerability.
Amendment 168 #
2016/0382(COD)
Proposal for a directive
Recital 53 b (new)
Recital 53 b (new)
(53b) Member States should therefore actively support policies that focus especially on low-income households at risk of energy poverty or in social housing.
Amendment 170 #
2016/0382(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Several Member States have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target. However, in the absence of binding national targets post- 2020, the remaining national incentives may not be sufficient to reach the long- term decarbonisation goals for 2030 and 2050. In order to be in line with such goals, reinforce investor certainty and foster the development of a Union-wide renewable heating and cooling market, while respecting the energy efficiency first principle, it is appropriate to encourage the effort of Member States in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy. Given the fragmented nature of some heating and cooling markets, it is of utmost importance to ensure flexibility in designing such an effort. It is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side-effects. To that end, the sustainability criteria for biomass have to ensure a high level of sustainable sourcing of biomass, including the consideration of the cascading use principle for biomass feedstock and have to guarantee a high efficiency of plants using biomass for heating.
Amendment 188 #
2016/0382(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive. To speed up the deployment of low-emissions alternative energy for transport, electric mobility has to be promoted and all obstacles to the electrification of transport removed.
Amendment 196 #
2016/0382(COD)
Proposal for a directive
Recital 63
Recital 63
(63) Directive (EU) 2015/1513 of the European Parliament and of the Council23 called on the Commission to present without delay a comprehensive proposal for a cost-effective and technology-neutral post-2020 policy in order to create a long- term perspective for investment in sustainable biofuels with a low risk of causing indirect land-use change and in other means of decarbonising the transport sector. An mandatory 12% incorporation obligation on fuel suppliers can provide certainty for investors and encourage the continuous development of alternative renewable transport fuels including advanced biofuels, renewable liquid and gaseous transport fuels of non-biological origin, and most importantly, renewable electricity with the highest possible share in transport. It is appropriate to set the obligation on fuel suppliers at the same level in each Member State in order to ensure consistency in transport fuel specifications and availability. As transport fuels are traded easily, fuel suppliers in Member States with low endowments of the relevant resources should be able to easily obtain renewable fuels from elsewhere. __________________ 23 Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (OJ L 239, 15.9.2015, p. 1).
Amendment 200 #
2016/0382(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The cascading use principle should be taken into account in order to make sure that the use of feedstock for advanced biofuel production does not compete with other uses in which the feedstock would have to be replaced with more emission intensive raw materials. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.
Amendment 203 #
2016/0382(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The incorporation obligation of 12% on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels and the Commission should put in place incentives to move towards the electrification of transport and propose concrete measures on demand and supply side.
Amendment 290 #
2016/0382(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union target for the overall share of energy from renewable sources in gross final consumption of energy and a sub-target for the share of energy from renewable sources in transport in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.
Amendment 325 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e e
Article 2 – paragraph 2 – point e e
(ee) ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of Annex IX; no waste streams or residues listed in part A of Annex IX can be used if waste management options that are higher ranked in the waste hierarchy of Directive 2008/98/EC are available;
Amendment 332 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e e
Article 2 – paragraph 2 – point e e
(ee) ‘advanced biofuels’ means biofuels that are produced from feedstockswaste or residues, which do not have significant competing uses, while meeting the sustainability criteria as defined in Article 26 of this Directive. Advanced biofuels are listed in part A of Annex IX;.
Amendment 385 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 2740%.
Amendment 390 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Each Member State shall ensure that the share of energy from renewable sources in all forms of transport by 2030 is at least 12% of the final consumption of energy in transport in that Member State. Member States shall ensure that the core charging and refuelling infrastructure are established for electric vehicles and alternative fuels, and shall take the necessary measures to ensure that the amount of energy used in aviation and shipping coming from renewable sources will gradually increase till 2030.
Amendment 392 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States’ respective contributions to this overall 2030 target and to the sub-target for transport shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
Amendment 456 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States mayshall set a lower limit and mayshall distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 472 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not or to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 477 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add or remove feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not or to remove them.
Amendment 483 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3 a (new)
Article 7 – paragraph 5 – subparagraph 3 a (new)
When a feedstock is removed from the list in Annex IX, installations producing advanced biofuels from that feedstock shall be permitted to use it for five years after the entry into force of the delegated act removing the feedstock from Annex IX, provided it is an advanced biofuel according to Article 2 of this Directive.
Amendment 500 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. Member States shall ensure via their permit or concession granting processes that by 31 December 2020 all fuel stations along the roads of the core network established by Regulation (EU) No 1315/2013 ('TEN-T Core Network') are equipped with public accessible charging points for electric vehicles. The Commission is empowered to adopt delegated acts in accordance with Article 32 to extend the scope of this paragraph to fuels falling under Article 25.
Amendment 504 #
2016/0382(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Member States, with the participation of local and regional authorities, shall develop suitable information, awareness-raising, guidance or training programmes in order to inform citizens of the benefits and practicalities of developing and using energy from renewable sources, including by self- consumption or in the framework of renewable energy communities, as well as of the benefits of cooperation mechanisms between Member States and different kinds of cross-border cooperation.
Amendment 515 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – introductory part
Article 22 – paragraph 1 – subparagraph 2 – introductory part
For the purposes of this Directive, a renewable energy community shall be an SME or a not-for-profit organisation, the shareholders or members of which cooperate in the generation, distribution, storage or supply of energy from renewable sources, while this cooperation may take place across Member States' borders, fulfilling at least four out of the following criteria:
Amendment 556 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
1. WIn order to achieve the target of at least 12% of the final energy consumption from renewable sources in transport by 2030 as referred to in Article 3, with effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 571 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.89% in 2030, following the trajectory set out in part B of Annex X, while this minimum share must equal a reduction of greenhouse gas emission intensity of at least 7% compared to 2020. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 0.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3.6% by 2030, following the trajectory set out in part C of Annex X. The minimum share of renewable energy supplied for aviation and shipping shall follow the trajectory set out in part B of Annex X.
Amendment 590 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 3
Article 25 – paragraph 1 – subparagraph 3
Taking into account emissions from possible indirect land-use changes, the greenhouse gas emission savings from the use of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX shall be at least 70% as of 1 January 2021.
Amendment 621 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 2
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 2
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1.7% of the energy content of transport fuels supplied for consumption or use on the market and the contribution of fuels supplied in the aviation and maritime sectorrenewable electricity supplied to road vehicles shall be considered to be 1.25 times their energy content of the input.
Amendment 639 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
3. To determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the Union or the share of electricity from renewable energy sources in the Member State where the electricity is supplied, as measured two years before the year in question may be usedshall be used. However, electricity obtained from direct connection to an installation generating renewable electricity that is not connected to the grid may be fully counted as renewable electricity. In both cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled.
Amendment 17 #
2016/0381(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is committed to a sustainable, competitive, secure and decarbonised energy system. The Energy Union and the Energy and Climate Policy Framework for 2030 establish ambitious Union commitments to reduce greenhouse gas emissions further (by at least 40 % by 2030, as compared with 1990), to increase the proportion of renewable energy consumed (by at least 27 %) and to make energy savings of at least 27 %, reviewing this level having in mind an Union level of 30 %10, and to improve Europe’s energy security, competitiveness and sustainability and to secure access to affordable energy in order to reduce energy poverty. _________________ 10 EUCO 169/14, CO EUR 13, CONCL 5, Brussels 24 October 2014.
Amendment 58 #
2016/0381(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Improving the energy use of our buildings has a great untapped potential and with ambitious goals for deep renovation millions of jobs can be created all over Europe, especially for SMEs. The right set of professional skills play an essential part in untapping this potential and improving our building stock, therefore, Member States should introduce mechanisms to promote the further development of skills and education in the construction and energy efficiency sectors.
Amendment 65 #
2016/0381(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is committed to a sustainable, competitive, secure and decarbonised energy system. The Energy Union and the Energy and Climate Policy Framework for 2030 establish ambitious Union commitments to reduce greenhouse gas emissions further (by at least 40 % by 2030, as compared with 1990), to increase the proportion of renewable energy consumed (by at least 27 %) and to make energy savings of at least 27 %, reviewing this level having in mind an Union level of 30 %10 , and to improve Europe’s energy security, competitiveness and sustainability and to secure access to affordable energy in order to reduce energy poverty. __________________ 10 EUCO 169/14, CO EUR 13, CONCL 5, Brussels 24 October 2014.
Amendment 80 #
2016/0381(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Innovation and new technology also make it possible for buildings and the transport sector to support the overall decarbonisation of the economy. For example, buildings can leverage the development and deployment of the infrastructure necessary for the smart charging of electric vehicles also provide a basis for Member States, if they choose to, to use car batteries as a source of power. To reflect this aim, the definition of technical building systems should be extended.
Amendment 101 #
2016/0381(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Improving the energy use of our buildings has a great untapped potential and with ambitious goals for deep renovation millions of jobs can be created all over Europe, especially for SMEs. The right set of professional skills play an essential part in untapping this potential and improving our building stock, therefore, Member States should introduce mechanisms to promote the further development of skills and education in the construction and energy efficiency sectors.
Amendment 110 #
2016/0381(COD)
(13) To ensure their best use in building renovation, financial measures related to energy efficiency should be linked to the depth of the renovation, which should be assessed by comparing energy performance certificates (EPCs) issued before and after the renovation and proved to deliver high energy performance and to improve indoor environmental quality with positive impact on health, well-being, comfort and productivity. Member States should ensure that a certain percentage of public funding is allocated to the energy refurbishment of low-income households with the aim of tackling energy poverty.
Amendment 131 #
2016/0381(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Innovation and new technology also make it possible for buildings and the transport sector to support the overall decarbonisation of the economy. For example, buildings can leverage the development and deployment of the infrastructure necessary for the smart charging of electric vehicles also provide a basis for Member States, if they choose to, to use car batteries as a source of power. To reflect this aim, the definition of technical building systems should be extended.
Amendment 164 #
2016/0381(COD)
Proposal for a directive
Recital 13
Recital 13
(13) To ensure their best use in building renovation, financial measures related to energy efficiency should be linked to the depth of the renovation, which should be assessed by comparing energy performance certificates (EPCs) issued before and after the renovation and proved to deliver high energy performance and to improve indoor environmental quality with positive impact on health, well-being, comfort and productivity. Member States should ensure that a certain percentage of public funding is allocated to the energy refurbishment of low-income households with the aim of tackling energy poverty.
Amendment 185 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2a – paragraph 2 – subparagraph 1
Article 2a – paragraph 2 – subparagraph 1
In their long-term renovation strategy referred to in paragraph 1, Member States shall set out a roadmap with clear milestones and measures to deliver on the long-term 2050 goal to decarbonise their national building stock, with specific milestones for 2030, and to boost the uptake of electric vehicles.
Amendment 192 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 2
Article 2 a – paragraph 2 – subparagraph 2
In addition, the long term renovation strategy shall contribute to the alleviation of energy poverty and set out a roadmap with clear milestones and measures to renovate the social housing stock.
Amendment 203 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b (new)
Article 1 – paragraph 1 – point 2 – point b (new)
3a. To guide the further development of energy efficiency renovation, Member States shall introduce mechanisms for: (a) facilitating the aggregation of SMEs to enable them to offer packaged solutions to potential clients; (b) the support of new forms of trainings and qualifications in the construction and energy efficiency sectors, especially for SMEs; (c) prioritising the allocation of part of the European Social Fund to training programs for construction workers to acquire new knowledge and skills in line with the development of new and innovative technologies.
Amendment 252 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b (new)
Article 1 – paragraph 1 – point 5 – point b (new)
Directive 2010/31/EU
Article 8 – paragraph 3a (new)
Article 8 – paragraph 3a (new)
3 a. Member States shall ensure that public parking lots operated by private entities are subject to the same requirements referred to in paragraph 2.
Amendment 270 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 1
Article 2 a – paragraph 2 – subparagraph 1
‘2. In their long-term renovation strategy referred to in paragraph 1, Member States shall set out a roadmap with clear milestones and measures to deliver on the long-term 2050 goal to decarbonise their national building stock, with specific milestones for 2030, and to boost the uptake of electric vehicles.
Amendment 282 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 2
Article 2 a – paragraph 2 – subparagraph 2
In addition, the long term renovation strategy shall contribute to the alleviation of energy poverty and set out a roadmap with clear milestones and measures to renovate the social housing stock.
Amendment 309 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 2010/31/EU
Article 2 a – paragraph 3 a (new)
Article 2 a – paragraph 3 a (new)
(ba) the following paragraph is added: ‘3a. To guide the further development of energy efficiency renovation, Member States should introduce mechanisms for: (a) facilitating the aggregation of SMEs to enable them to offer packaged solutions to potential clients; (b) the support of new forms of trainings and qualifications in the construction and energy efficiency sectors, especially for SMEs; (c) prioritising the allocation of part of the European Social Fund to training programs for construction workers to acquire new knowledge and skills in line with the development of new and innovative technologies.’
Amendment 359 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
‘2. Member States shall ensure that in all new non-residential buildings and in all existing non-residential buildings undergoing major renovation with more than ten parking spaces inside or physically adjacent to the building, at least one of every ten is equipped with a recharging point within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure17 , which is capable of starting and stopping charging in reaction to price signals. This requirement shall apply to all non- residential buildings, with more than ten parking spaces, as of 1 January 2025. __________________ 17 OJ L 307, 28.10.2014, p. 1 OJ L 307, 28.10.2014, p. 1
Amendment 389 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that newly built residential buildings and those undergoing major renovations, with more than ten parking spaces inside or physically adjacent to the building, include the pre- cabling to enable the installation of recharging points for electric vehicles for every parking space.
Amendment 87 #
2016/0380(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Energy services are fundamental to safeguard the well-being of the Union citizens. Adequate warmth, cooling, lighting and the energy to power appliances are essential services to guarantee a decentgood standard of living and citizens' health. Furthermore, access to these energy services empowers European citizens to fulfil their potential and it enhances social inclusion. Energy poor households are unable to afford these energy services due to a combination of low income, high energy expenditure and poor energy efficiency of their homes. Member States should collect the right information to monitor the number of households in energy poverty. Accurate measurement should assist Member States to identify those households affected byt risk of energy poverty in order to provide targeted support. The Commission should actively and as a priority support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between Member States.
Amendment 88 #
2016/0380(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) The Commission should take action to raise awareness of market opportunities for energy poor customers and the Member States should provide sufficient resources for local information for consumers at risk of energy poverty.
Amendment 91 #
2016/0380(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Member States which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem, aiming at decreasing the number of people suffering such situationvulnerable consumers at risk of energy poverty. Low income, high energy expenditure, and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty. In any event, Member States should ensure the necessary energy supply for vulnerable and energy poor customers. In doing so, an integrated approach, such as in the framework of energy and social policy, could be used and measures could include social policies or energy efficiency improvements for housing. At the very leasts a minimum, this Directive should allowsupport national policies in favour of vulnerable and energy poor customers.
Amendment 98 #
2016/0380(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Energy regulators should also be granted the power to contribute to ensuring high standards of universal and public service in compliance with market opening, to the protection of vulnerable customersonsumers at risk of energy poverty, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission’s powers concerning the application of competition rules including the examination of mergers with a Union dimension, and the rules on the internal market such as the free movement of capital. The independent body to which a party affected by the decision of a national regulator has a right to appeal could be a court or other tribunal empowered to conduct a judicial review.
Amendment 128 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure the protection of energy poor or vulnerable customers at risk of energy poverty in a targeted manner by other means than public interventions in the price-setting for the supply of electricity.
Amendment 224 #
2016/0380(COD)
1. . Member States shall take appropriate measures to protect customers and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customersonsumers at risk of energy poverty. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and, intand refer to, inter alia, the energy poor or vulnerable consumers alia, tot risk of energy poverty and the prohibition of disconnection of electricity to such customers in critical times. Member States shall ensure that rights and obligations linked to vulnerable customers are applied. In particular, they shall take measures to protect customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.
Amendment 226 #
2016/0380(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 230 #
2016/0380(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Member States shall define a set of criteria for the purposes of measuring energy poverty and adopt a broad and common definition of energy poverty within the context of a new Commission Communication and action plan on energy poverty. Member States shall continuously monitor the number of households in energy poverty and the number of consumers at risk of energy poverty. The Member States shall report on the evolution of energy poverty and measures taken to prevent it to the Commission every two years as part of their Integrated National Energy and Climate Progress Reports in accordance with Article 21 of [Governance Regulation as proposed by COM(2016)759].
Amendment 66 #
2016/0376(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In view of the climate and energy framework for 2030 and the Union's long- term decarbonisation goals the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings and moving towards 'nearly zero energy buildings'.
Amendment 74 #
2016/0376(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Long term energy efficiency measures will continue delivering energy savings after 2020 but in order to contribute to the next Union 2030 energy efficiency target and the 2050 decarbonisation goals in line with the Paris Agreement, those measures should deliver new savings after 2020. On the other hand, energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.
Amendment 90 #
2016/0376(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Moderation of energy demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. Improving energy efficiency will benefit the environment, reduce greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, benefit public health, help alleviate energy poverty and lead to increased jobs and economy-wide economic activity. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Paris Agreement of December 2015 by the Parties of the United Nation Framework Convention on Climate Change.
Amendment 91 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) All consumers should be able to achieve the highest benefit for the energy efficiency measures they implement given also that all costs, payback periods and benefits are fully transparent.
Amendment 110 #
2016/0376(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Council of October 2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In DecemberJune 20156, the European Parliament called upon the Commission to also assess the viability of apropose a binding 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
Amendment 148 #
2016/0376(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In view of the climate and energy framework for 2030 and the Union's long- term decarbonisation goals in line with the Paris Agreement, the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings and moving towards 'nearly zero energy buildings'.
Amendment 175 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Member States shall continue to achieve new annual savings of 1.5% for ten year periods after 2030, unless reviews by the Commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long term energy and climatee Union's long term energy, climate and decarbonisation targets for 2050.
Amendment 178 #
2016/0376(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising thatBuildings constitute a substantial potential for further increasing energy efficiency and renovation of buildings is an essential and long term element in increasing energy savings, thus it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.
Amendment 185 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
The sales of energy, by volume, used in transport may be partially orshall be fully exincluded fromin these calculations.
Amendment 189 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 191 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 191 #
2016/0376(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Improvements to the energy efficiency of buildings should benefit in particular vulnerable consumers affected byt risk of energy poverty. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures, strengthened to require a significant share to be implemented as a priority, and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.
Amendment 199 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. All the options chosen under paragraph 2 taken together must amount to no more than 25 % of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:
Amendment 201 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) for the calculation of the amount of energy savings required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), and (dc) of paragraph 2;
Amendment 201 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With around 50 million households in the Union being affected by energy poverty, energy efficiency measures must be central to any cost- effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at the Member State level.
Amendment 202 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) All consumers should be able to achieve the highest benefit for the energy efficiency measures they implement given also that all costs, payback periods and benefits are fully transparent.
Amendment 203 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may make use of points (b), (c), (dc) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.
Amendment 210 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2
Article 7a – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and mayshall include transport fuel distributors orand transport fuel retailers operating in its territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
Amendment 240 #
2016/0376(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the Directive and a report to the European Parliament and the Council by 28 February 2024 should be introducedEnergy and climate law is complementary and should be mutually reinforcing. Thus, as part of the obligations under the Paris Agreement, within six months of the UNFCCC global stocktake in 2023 the Commission should undertake a general review of the Directive and a report to the European Parliament and the Council should be introduced assessing the general effectiveness of Directive 2012/27/EU and the need to adjust the Union's energy efficiency policy according to the objectives of the Paris Agreement. Such a review should be undertaken in subsequent global stocktakes thereafter.
Amendment 345 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2012/27/EU
Article 5
Article 5
(2a) Article 5 shall be amended as follows: “Article 5 Exemplary role of public bodies' buildings 1. Without prejudice to Article 7 of Directive 2010/31/EU, each Member State shall ensure that, as from 1 January 2014, 3 % of the total floor area of heated and/or cooled buildings owned and occupied by its central governmentpublic authorities is renovated each year to meet at least the minimum energy performance requirements that it has set in application of Article 4 of Directive 2010/31/EU. The 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 2500 m 2 owned and occupied by the central government of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. That threshold shall be lowered to 250 m 2 as of 9 July 2015. Where a Member State requires that the obligation to renovate each year 3 % of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government, the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m 2 and, as of 9 July 2015, over 250 m 2 owned and occupied by central government and by these administrative departmentpublic authorities of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. When implementing measures for the comprehensive renovation of central governmentpublic authority buildings in accordance with the first subparagraph, Member States may choose to consider the building as a whole, including the building envelope, equipment, operation and maintenance. Member States shall require that central governmentpublic authority buildings with the poorest energy performance be a priority for energy efficiency measures, where cost- effective and technically feasible. 2. Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings: (a) buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; (b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; (c) buildings used as places of worship and for religious activities. 3. If a Member State renovates more than 3 % of the total floor area of central government buildings in a given year, it may count the excess towards the annual renovation rate of any of the three previous or following years. 4. Member States may count towards the annual renovation rate of central governmentpublic authority buildings new buildings occupied and owned as replacements for specific central governmentpublic authority buildings demolished in any of the two previous years, or buildings that have been sold, demolished or taken out of use in any of the two previous years due to more intensive use of other buildings. 5. For the purposes of paragraph 1, by 31 December 2013, Member States shall establish and make publicly available an inventory of heated and/or cooled central governmentpublic authority buildings with a total useful floor area over 500 m 2 and, as of 9 July 2015, over 250 m 2 , excluding buildings exempted on the basis of paragraph 2. The inventory shall contain the following data: (a) the floor area in m 2 ; and (b) the energy performance of each building or relevant energy data. 6. Without prejudice to Article 7 of Directive 2010/31/EU, Member States may opt for an alternative approach to paragraphs 1 to 5 of this Article, whereby they take other cost- effective measures, including deep renovations and measures for behavioural change of occupants, to achieve, by 2020, an amount of energy savings in eligible buildings owned and occupied by their central governmentpublic authorities that is at least equivalent to that required in paragraph 1, reported on an annual basis. For the purpose of the alternative approach, Member States may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central governmentpublic authorities buildings before and after renovation and according to estimates of the surface of their stock. The categories of reference central governmentpublic authority buildings shall be representative of the stock of such buildings. Member States opting for the alternative approach shall notify to the Commission, by 31 December 2013, the alternative measures that they plan to adopt, showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central governmentpublic authorities estate. 7. Member States shall encourage public bodies, including at regional and local level, and social housing bodies governed by public law, with due regard for their respective competences and administrative set-up, to: (a) adopt an energy efficiency plan, freestanding or as part of a broader climate or environmental plan, containing specific energy saving and efficiency objectives and actions, with a view to following the exemplary role of central governmentpublic authority buildings laid down in paragraphs 1, 5 and 6; (b) put in place an energy management system, including energy audits, as part of the implementation of their plan; (c) use, where appropriate, energy service companies, and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term.”
Amendment 363 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 1 – point b
Article 7 – paragraph 1 – subparagraph 1 – point b
(b) new savings each year from 1 January 2021 to 31 December 2030 of 1.52 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019. These savings shall be cumulative and additional to savings achieved under point (a).
Amendment 395 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States shall continue to achieve new, additional, cumulative annual savings of 1.52% for ten year periods after 2030, unless reviews by the Commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long term energy and climate targets for 2050.
Amendment 416 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Amendment 471 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may only make use of points (b), (c), (d) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.
Amendment 488 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may include, transport fuel distributors orand transport fuel retailers operating in its territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
Amendment 504 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) shall include and make public requirements with a social aim in the saving obligations they impose, including by requiring a significant share of energy efficiency measures to be implemented as a priority in vulnerable households affected byt risk of energy poverty and in social housing;
Amendment 526 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 2
Article 7b – paragraph 2
2. In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on households affected by energy poverty and ensure a significant share of such measures are implemented as a priority in vulnerable households at risk of energy poverty and in social housing, and make this information public.
Amendment 630 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2012/27/EU
Article 24 – paragraph 12
Article 24 – paragraph 12
12. The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Councilundertake a general review this Directive within six months of the UNFCCC global stocktake in 2023, and after subsequent global stocktakes thereafter, and shall submit a report to the European Parliament and the Council assessing the general effectiveness of this Directive and the need to adjust the Union's energy efficiency policy in accordance with the objectives of the Paris Agreement. That report shall be accompanied, if appropriate, by proposals for further measures.;
Amendment 219 #
2016/0375(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) This regulation aims to support a just transition for citizens and regions which could be adversely impacted by the transition to a low-carbon economy.
Amendment 234 #
2016/0375(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The goal of a resilient Energy Union with an ambitious climate policy at its core is to give Union consumers, both households and businesses, secure, sustainable, competitive and affordable energy, which requires a fundamental transformation of Europe's energy system. That objective can only be achieved through coordinated action, combining both legislative and non-legislative acts at Union, local and national level as well as within the frame of macro-regional partnerships.
Amendment 244 #
2016/0375(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Commission's proposal was developed in parallel to and is adopted together with a series of initiatives in sectorial energy policy, notably with regard to renewable energy, energy efficiency and market design. Those initiatives form a package under the overarching theme of energy efficiency first, the Union’s global leadership in renewables, and a fair deal for energy consumers including by eradicating energy poverty.
Amendment 251 #
2016/0375(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Council agreed on 24 October 2014 on the 2030 Framework for Energy and Climate for the Union based on four key targets: at least 40% cut in economy wide greenhouse gas ("GHG") emissions, at least 27% improvement in energy efficiency with a view to a level of 30%, at least 27% for the share of renewable energy consumed in the Union, and at least 15% for electricity interconnection. It specified that the target for renewable energy is binding at Union level and that it will be fulfilled through Member States’ contributions guided by the need to deliver collectively the Union target. This Regulation must take into account the increased targets expressed in the sectorial legislations. The European Council specified on 24 October 2014 that the target for electricity interconnection should be at least 15%.
Amendment 296 #
2016/0375(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Conclusions of the Council of 26 November 201516 recognised that the Governance of the Energy Union will be an essential tool for the efficient and effective construction of the Energy Union and the achievement of its objectives. They underlined that the governance system should be based on the principles of integration of strategic planning and reporting on the implementation of climate and energy policies and coordination between actors responsible for energy and climate policy, at Union, regional and national level. They also underlined that the Governance should ensure that the agreed energy and climate targets for 2030 are met; and that the Governance would monitor the Member States' and the Union’'s collective progress towards the achievement of theargets and policy objectives across the five dimensions of the Energy Union. __________________ 16 Conclusions of the Council of 26 November 2015 (14632/15).
Amendment 308 #
2016/0375(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to set the Union on track to a low-carbon economy, this Regulation should require the Member States to establish a long-term pathway to reducing their greenhouse gas emissions in all sectors by 80-95% by 2050 compared to 1990 levels and to prepare for a further transition towards net-zero emissions in the second half of the century.
Amendment 337 #
2016/0375(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The achievement of the Energy Union targets and objectives should be ensured through a combination of Union initiatives and coherent national policies set out in integrated national energy and climate plans. Sectorial Union legislation in the energy and climate fields sets out planning requirements, which have been useful tools to drive change at the national level. Their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas. Current separate planning, reporting and monitoring in the climate and energy fields should therefore as far as possible be streamlined and integrated.
Amendment 357 #
2016/0375(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The implementation of policies and measures in the areas of the energy and climate has an impact on the environment. Member States should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans and long-term climate and energy strategies in accordance, where applicable, with the provisions of Directive 2001/42/EC of the European Parliament and of the Council24 and the United Nations Economic Commission for Europe ("UNECE") Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the "Aarhus convention"). Member States should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans. __________________ 24 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.30).
Amendment 410 #
2016/0375(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In view of the collective achievement of the objectives of the Energy Union Strategy, itt will be essential for the Commission to assess draft national plans as wiell be essential for the Commission to assessas the implementation of notified national plans and, basedby means onf progress reports, their implementation. For the first ten-year period, this concerns in particular the achievement of the Union-level in view of the achievement of the objectives of the Energy Union Strategy for the first period, in particular with regard to the binding Union-level and national binding 2030 targets for energy and climate and national contributions to those targets. Such assessment should be undertaken on a biennial basis, and on an annual basis only where necessary, and should be consolidated in the Commission's State of the Energy Union reports.
Amendment 482 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b b (new)
Article 1 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) ensure predictability, transparency and effective public participation in climate and energy planning undertaken by Member States to build-up a broad societal consensus around climate change and the energy transition as well as to contribute to greater investor’s certainty;
Amendment 484 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b c (new)
Article 1 – paragraph 1 – subparagraph 1 – point b c (new)
(bc) support a just transition for citizens and regions which could be negatively impacted by the transition to a low-carbon economy;
Amendment 487 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The governance mechanism shall be based on integrated national energy and climate plans covering ten-year periods starting from 2021 to 2030, corresponding integrated national energy and climate progress reports by the Member States and integrated monitoring arrangements by the European Commission. It shall define a structured, transparent, iterative process between the Commission and Member States ensuring full participation of citizens, social partners and local authorities in view of the finalisation of the national plans and their subsequent implementation, including with regard to regional cooperation, and corresponding Commission action.
Amendment 503 #
2016/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
Amendment 521 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 1 January 2019 and every tenfive years thereafter, each Member State shall notify to the Commission an integrated national energy and climate plan. The plans shall contain the elements set out in paragraph 2 and Annex I. The first plan shall cover the period from 2021 to 2030. The following plans shall cover the ten- year period immediately following the end of the period covered by the previous plans from 2026 to 2035, from 2031 to 2040, from 2036 to 2045 and from 2041 to 2050.
Amendment 557 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a description of the current situation of the five dimensions of the Energy Union including with regard to the energy system and greenhouse gas emissions and removals as well as projections with regard to the objectives and targets referred to in point (b) and (c) with already existing (implemented and adopted) policies and measures;
Amendment 571 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) Targets and objectives submitted by Member States shall only be at least equal to the ones set out in Article 4 and reflect an increased level of ambition as compared to the ones set in the latest integrated national energy and climate plan;
Amendment 599 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1 – point iii
Article 4 – paragraph 1 – point a – point 1 – point iii
iii. where applicable, other national objectives and targets consistent with existingthe Paris Agreement and the long-term low emission strategies;
Amendment 631 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii
Article 4 – paragraph 1 – point a – point 2 – point ii
ii. the Member State's trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling, electricity, and transport sectors;
Amendment 636 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii a (new)
Article 4 – paragraph 1 – point a – point 2 – point ii a (new)
iia. the Member State's share of as well as trajectories and objectives for energy from renewable sources produced by cities, renewable energy communities and self-consumers in 2030 and renewable energy trajectories from 2021 to 2030 including expected total gross final energy consumption
Amendment 679 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4 a (new)
Article 4 – paragraph 1 – point b – point 4 a (new)
(4a) Share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) to be implemented as a priority in households affected by energy poverty and in social housing;
Amendment 711 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 2
Article 4 – paragraph 1 – point d – point 2
(2) key national objectives for electricity and gas transmission and distribution infrastructure that are necessary for the achievement of objectives and targets under any of the five dimensions of the Energy Union Strategy;
Amendment 716 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 a (new)
Article 4 – paragraph 1 – point d – point 3 a (new)
(3a) indicators on flexibility from generation, demand-side, storage, and interconnection, measured in terms of flexible capacity available (MW) and volumes valorised in the different markets (MWh);
Amendment 718 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 b (new)
Article 4 – paragraph 1 – point d – point 3 b (new)
(3b) national objectives related to the deployment of smart grids and storage, the growth of demand response and smart self-consumption; objectives related to the advancement of aggregation;
Amendment 719 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 c (new)
Article 4 – paragraph 1 – point d – point 3 c (new)
(3c) national objectives related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets;
Amendment 720 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 d (new)
Article 4 – paragraph 1 – point d – point 3 d (new)
(3d) national objectives with regard to ensuring consumer participation in the energy system and consumer outcome and benefits from new technologies, including smart meters. This shall include all residential, commercial and industrial consumers, and shall measure various indicators including self-generation and community projects, selling demand response in the markets, and access to smart meters and real-time price signals and user-friendly information to shift demand. These indicators shall be measured in terms of the number of consumers engaged, net revenue for consumers, the capacity of the consumer participation (MW) and the volumes shifted (MWh);
Amendment 723 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4 a (new)
Article 4 – paragraph 1 – point d – point 4 a (new)
(4a) national objectives with regard to energy poverty and vulnerable consumers, including a timeframe for when the objectives should be met and a national action plan to achieve those objectives which could include providing benefits in social security systems to ensure the necessary energy supply to vulnerable customers or providing for support for energy efficiency improvements to address energy poverty where identified; for this purpose Member States shall : (a) define the concept of vulnerable customers and energy poverty based on the EU indicators of low income, high energy expenditure, and poor energy efficiency of houses; (b) continuously monitor the number of households in energy poverty and share those data in the European Energy Poverty Observatory (EPOV).
Amendment 738 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point 2
Article 4 – paragraph 1 – point e – point 2
(2) national 2050 objectives for the deployment of low carbon technologies ensuring a highly efficiency and highly renewable-based system;
Amendment 802 #
2016/0375(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall describe, in accordance with Annex I, in their integrated national energy and climate plan, the main existing (implemented and adopted) and planned policies and measures to achieve in particular the objectives set out in the national plan, including measures to ensure regional cooperation and appropriate financing at national, local and regional level.
Amendment 810 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall describe, in accordance with the structure and format specified in Annex I, the current situation for each of the five dimensions of the Energy Union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information. As of 1st January 2019, the expected effect on the supply- demand balance of the ETS of planned policies or significant changes to existing policies shall be calculated as specified in Annex of this Regulation. Member States shall also set out and describe projections for each of the five dimensions of the Energy Union for the first ten-year period at least until 2040 (including for the year 2030) expected to result from existing (implemented and adopted) policies and measures.
Amendment 825 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) interactions between existing (implemented and adopted) and planned policies and measures within a policy dimension and between existing (implemented and adopted) and planned policies and measures of different dimensions for the first ten- year period at least until the year 2030.This shall also include a quantitative assessment of the extent to which each of the Member State's planned policies and measures affect the supply-demand balance of the ETS. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios.
Amendment 836 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 1 January 2018 and every tenfive years thereafter Member States shall prepare and submit to the Commission a draft of the integrated national energy and climate plan referred to in Article 3(1).
Amendment 847 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission may issue recommendations on the draft plans to Member States in accordance with Article 28. Those recommendations shall in particular set outshall assess the draft plans and issue country-specific recommendations to Member States in accordance with Article 28 in order to:
Amendment 851 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the level of ambition of objectives, targets and contributions in view ofensure the collectively achievingement by Member States of the Energy Union objectives and notably the Union's 2030 targets for renewable energy and energy efficiencytargets of all dimensions of the Energy Union;
Amendment 853 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) ensure the achievement by Member States of national binding targets;
Amendment 854 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) improve existing and planned policies and, measures relating to Member States' and Union level objectives and other policies and measuresand investment strategies included in national energy and climate plans including those of potential cross-border relevance;
Amendment 856 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
(ba) suggest the adoption of additional policies and measures in national energy and climate plans;
Amendment 858 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) interactions between andensure consistency of existing (implemented and adopted) and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.;
Amendment 879 #
2016/0375(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Without prejudice to any other Union law requirements, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation of draft plans referred to in Article 9 of this Regulation, of long-term strategies referred to in Article 14 of this Regulation and attach to the submission of their draft integrated national energy and climate plan to the Commission a summary of the public’s views. In so far as the provisions of Directive 2001/42/EC are applicable, consultations undertaken in accordance with that Directive shall be deemed to satisfy also the obligations to consult the public under this Regul and the way they have been taken into consideration.
Amendment 889 #
2016/0375(COD)
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1b. Member States shall include in the submission of their final integrated national energy and climate plan and of their progress reports to the Commission a summary of the public's views and the way they have been take into consideration;
Amendment 984 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall prepare and report to the Commission by 1 January 202019 and every 10 years thereafter their long-term low emission strategies with a 50 years perspective as set out in Annex II (new), however, for the purposes of meeting the Paris Agreement goals, the first long-term low emission strategies shall have 2050 as a starting point, to contribute to:
Amendment 1024 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) links to other national long-term planning.objectives, planning and other policies and measures;
Amendment 1031 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The long-term low emission strategies and the integrated national energy and climate plans referred to in Article 3 shouldmust be consistent with each other.
Amendment 1039 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The Commission shall support Member States in their preparation of long-term strategies by providing information on the state of the underlying scientific knowledge and technological development relevant to achieving the objectives referred to in Article 1. The Commission shall also provide opportunities for Member States and other stakeholders to provide additional information and discuss their perspectives and produce best practice and guidance for Member States to use during the development and implementation phase of their strategies.
Amendment 1052 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) information on the progress accomplished towards reaching the targets, and objectives and contributions set out in the integrated national energy and climate plan, and towards implementing the policies and measures necessary to meet them;
Amendment 1053 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
Article 15 – paragraph 2 – point a a (new)
(aa) the information referred to and on the progress accomplished towards reaching the targets, objectives and commitments set out in the long-term energy and climate strategies in Article 14;
Amendment 1058 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point g a (new)
Article 15 – paragraph 2 – point g a (new)
(ga) progress towards financing measures and policies foreseen to meet the targets and objectives set out in the national energy and climate plan.
Amendment 1122 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 4
Article 19 – paragraph 1 – point b – point 4
(4) long-term strategy for the renovation of the national stock of both public and private residential and commercial buildings, including policies and measures to stimulate cost-effective deep and staged deep renovation; as well as the planned renovation rate and the summarised results of the public consultation according to Article 2 (a) (3) of [EPBD recast];
Amendment 1125 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 4 a (new)
Article 19 – paragraph 1 – point b – point 4 a (new)
(4a) policy and measures specially targeting the worst performing segments of the national building stock, energy poor consumers, social housing and households subject to split-incentive dilemma according to Article 2 (a) of [EPBD recast];
Amendment 1127 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 5 a (new)
Article 19 – paragraph 1 – point b – point 5 a (new)
(5a) policies and measures to develop the economic potential of high efficient cogeneration and efficient heating and cooling systems in line with Article 14 of the EED;
Amendment 1147 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) key national objectives for electricity and gas distribution and transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five key dimensions of the Energy Union;
Amendment 1165 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) national objectives with regards to energy poverty, inclu and vulnerable consumers and data shared in the European Poverty Observatory (EPOV) regarding the number of households in energy poverty;
Amendment 1205 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. By 31 October 2021 and every second year thereafter, the Commission shall assess, in particular on the basis of the integrated national energy and climate progress reports, of other information reported under this Regulation of data from the European Environment Agency, of the indicators and of European statistics where available:
Amendment 1263 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point c a (new)
Article 25 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) the accuracy of the Member State estimates of the effect of national level overlapping policies and measures on the supply-demand balance of the EU ETS, or, in absence of such estimates, conduct its own assessment of the same impact;
Amendment 1264 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point c b (new)
Article 25 – paragraph 3 – subparagraph 2 – point c b (new)
(cb) the overall effect of Union level overlapping policies and measures on the supply-demand balance of the EU ETS.
Amendment 1266 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. As part of its assessment referred to in paragraph 1, the Commission shall assess the progress made by Member States in reducing greenhouse gas emissions in all sectors covered by Regulation [] [ESR], making the monitoring, reporting and follow-up procedures under that Regulation fully transparent.
Amendment 1280 #
2016/0375(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Based on the assessment pursuant to Article 25, the Commission shall issue recommendations to a Member State pursuant to Article 28 if policy developments in any sectors covered by Regulation [] [ESR] in that Member State show inconsistencies with the overarching objectives of the Energy Union and with the Union's long-term greenhouse gas reductions targets.
Amendment 1285 #
2016/0375(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission mayshall issue opinions on the action plans submitted by Member States according to Article 8(1) of Regulation [ ] [ESR].
Amendment 1313 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. If, on the basis of its aggregate assessment of Member States' integrated national energy and climate progress reports pursuant to Article 25(1)(a), and supported by other information sources, as appropriate, the Commission concludes that the Union is at risk of not meeting the objectives of the Energy Union and, in particular, for the first ten-years period, the targets of the Union's 2030 Framework for Climate and Energy, it mayshall issue recommendations to all Member States pursuant to Article 28 to mitigate such risk. The Commission shall, as appropriate, take measures at Union level in addition to the recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for renewable energy and energy efficiency. With regard to renewable energy, such measures shall take into consideration ambitious early efforts by Member States to contribute to the Union's 2030 target.
Amendment 1448 #
2016/0375(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point k a (new)
Article 29 – paragraph 2 – point k a (new)
(ka) an overall assessment of the Union’s progress towards ending energy poverty;
Amendment 1449 #
2016/0375(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point k b (new)
Article 29 – paragraph 2 – point k b (new)
(kb) an overall assessment of the contribution of local authorities to the achievement of the targets and objectives of the Energy Union;
Amendment 1498 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 1 – point 1.3 – point iii
Annex I – part 1 – section A – paragraph 1 – point 1.3 – point iii
iii. Consultations with stakeholders, including social partners, and engagement of civil society and citizens
Amendment 1500 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 1 – point 1.4 – point -i (new)
Annex I – part 1 – section A – paragraph 1 – point 1.4 – point -i (new)
-i. Description of macro-regional partnerships
Amendment 1502 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2
Annex I – part 1 – section A – paragraph 2
2. NATIONAL OBJECTIVES AND TARGETTARGETS AND OBJECTIVES
Amendment 1504 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1
2.1.1. GHG emissions and removals (for the plan covering the period from 2021 to 2030, the 2030 Framework target of at least 40% domestic reduction in economy- wide greenhouse gas emissions as compared to 1990)1 __________________ 1. Consistency to be ensured with long-term low emission strategies pursuant to Article 14
Amendment 1506 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point i a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point i a (new)
ia. The Member State’s national 2030 target and trajectories from 2021 onwards for enhancing removals from sinks
Amendment 1508 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point ii
ii. If applicable, oOther national objectives and targets consistent with existingthe Paris Agreement and the long-term low emission strategies leading to net-zero greenhouse gas emissions within the Union by 2050 at the latest. If applicable, other objectives and targets, including sector targets and adaptation goals
Amendment 1511 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point i
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point i
i. The Member State's planned share ofbinding national target for energy from renewable sources in gross final consumption of energy in 2030 as its national contribution to achieve the binding EU-level target of at least 27% in 2030set out in Annex Ia (new)
Amendment 1512 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii
ii. A linear trajectory for the overall share of renewable energy in gross final energy consumption from 2021 to 2030; as well as long-term strategy and trajectory for renewable energy produced and self- consumed by household consumers to facilitate consumer's small-scale renewable self-generation projects;
Amendment 1513 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii a (new)
iia. The Member State’s interim targets based on a linear trajectory starting in 2022 and then every two years up to 2028
Amendment 1515 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii
iii. The Member State's trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the electricity, heating and cooling, and transport sectors
Amendment 1516 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii a (new)
iiia. The Member State's share of as well as trajectories and objectives for energy from renewable sources produced by cities, renewable energy communities and self-consumers in 2030 and renewable energy trajectories from 2021 to 2030 including expected total gross final energy consumption
Amendment 1518 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point vi a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point vi a (new)
via. Other national objectives and targets consistent with the Paris Agreement and the long term emissions strategies
Amendment 1525 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point i
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point i
i. The indicative national energy efficiency contribution to achieving the Union's bindingMember State's binding national target for energy efficiency target of 30% in 2030 as referred to in Article 1(1) and, Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761], based on either primary or final energy consumption, primary or final energy savings, or energy intensity; and Annex XX (new), expressed in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030, with a linear trajectory for that contribution from 2021 onwards; including the underlying methodology and the conversion factors used
Amendment 1527 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point ii
ii. Cumulative amount of energy savings to be achieved over the period 2021-2030 and following periods up to 2050 under Article 7 on energy saving obligations of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761],
Amendment 1528 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iii
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iii
iii. Objectives for 2030 and 2040 for the long-term renovation of the national stock of residential and commercial buildings (both public and private), with the aim of providing for the decarbonisation of the building stock by 2050 and delivering affordability for tenants and owners of the buildings including policies and actions to target the worst performing segments of the national building stock.
Amendment 1533 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iv a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iv a (new)
iva. Share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) to be implemented as a priority in households affected by energy poverty and in social housing;
Amendment 1537 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point ii
ii. National objectives with regard to reducing energy import dependency from fossil fuels (oil, coal and gas), from third countries
Amendment 1539 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point iv
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point iv
iv. National objectives with regard to deployment of domestic renewable energy sources (notably renewable energy), demand response and storage and the uptake of energy efficiency measures
Amendment 1548 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i a (new)
ia. Indicators on flexibility from generation, demand-side, storage, and interconnection, measured in terms of flexible capacity available (MW) and volumes valorised in the different markets (MWh)
Amendment 1550 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i b (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i b (new)
ib. National objectives related to the deployment of smart grids and storage, the growth of demand response and smart self-consumption; objectives related to the advancement of aggregation
Amendment 1552 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i c (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i c (new)
ic. National objectives related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets
Amendment 1556 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point ii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point ii a (new)
iia. National objectives with regard to ensuring consumer participation in the energy system and consumer outcome and benefits from new technologies, including smart meter. This shall include all residential, commercial and industrial consumers, and shall measure various indicators including self-generation and community projects, selling demand response in the markets, and access to smart meters, real-time price signals and user-friendly information to shift demand. These indicators shall be measured in terms of the number of consumers engaged, net revenue for consumers, the capacity of the consumer participation (MW) and the volumes shifted (MWh)
Amendment 1559 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
2.4.4. Energy poverty National objectives with regard to energy poverty and vulnerable consumers, including a timeframe for when the objectives shall be met ould be met and a national action plan to achieve those objectives which could include providing benefits in social security systems to ensure the necessary energy supply to vulnerable customers or providing for support for energy efficiency improvements to address energy poverty where identified; for this purpose Member States shall: i. define the concept of vulnerable customers and energy poverty based on the EU indicators of low income, high energy expenditure, and poor energy efficiency of the building stock ii. continuously monitor the number of households in energy poverty and share this data in the European Energy Poverty Observatory (EPOV)
Amendment 1562 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.5 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.5 – point ii
ii. If appropriate, national objectives including long-term targets (2050) for the deployment of low-carbon technologies ensuring a highly energy efficient and highly renewable-based system, including for decarbonising energy - and carbon- intensive industrial sectors and, if applicable, for related carbon transport and storage infrastructure
Amendment 1563 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – title
Annex I – part 1 – section A – paragraph 3 – title
3. POLICIES AND MEASURES AND INVESTMENT STRATEGIES
Amendment 1565 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point i
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point i
i. Policies and measures to achieve the target set under Regulation [ ] [ESR] as referred to in 2.1.1 and policies and measures to comply with Regulation [ ] [LULUCF ], covering all key emitting sectors and sectors for the enhancement of removals, with an outlook to the long-term vision and goal to become a low-carbon economy with a 50 years perspectivenear-zero greenhouse gas emissions economy and achieving a balance between emissions and removals in accordance with the Paris Agreement
Amendment 1568 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point iii a (new)
iiia. Overview of the investments needed to achieve the target
Amendment 1570 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point i
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point i
i. Policies and measures to achieve the 2030 national contribution to the binding EU-level 2030binding target for renewable energy and trajectories as presented in 2.1.2 including sector - and technology-specific measures6 __________________ 6. When planning these measures, Member States shall take into account the end of life of existing installations and the potential for repowering.
Amendment 1574 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv
iv. Specific measures to introduce a one-stop-shop, streamline administrative procedures, provide information and training, and empower renewable self- consumers and energy communities. Expected impact in terms of triggered new renewable energy capacity
Amendment 1578 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv a (new)
iva. Specific measures to confer the right to and encourage all consumers to become renewable self-consumers, individually and collectively, producing, storing, self-consuming and selling their renewable energy, and expected impact in terms of triggered new renewable energy capacity
Amendment 1579 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point vi a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point vi a (new)
via. Overview of the investments needed to achieve the target
Amendment 1580 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv b (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv b (new)
ivb. Specific measures to facilitate the growth of the purchase of energy from renewable sources by corporate customers in accordance with article 15.9 of Recast RES Directive
Amendment 1585 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.3 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.3 – point iv a (new)
iva. National policies and measures foreseen to phase out fossil fuel and its related subsidies
Amendment 1588 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – introductory part
Annex I – part 1 – section A – paragraph 3 – point 3.2 – introductory part
Planned policies, measures and programmes to achieve the indicative national energy efficiency target for 2030 as well as other objectives presented in 2.2, including planned measures and instruments (also of financial nature) to promote the energy performance of buildings, in particular as regards the following:
Amendment 1593 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iii a (new)
iiia. Description of measures to promote energy savings in households affected by energy poverty, in social housing as well as for tenants
Amendment 1595 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iv
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iv
iv. Other planned policies, measures and programmes to achieve the indicative national energy efficiency target for 2030 as well as other objectives presented in 2.2 (for example measures to promote the exemplary role of public buildings and energy-efficient public procurement, measures to promote energy audits and energy management systems9, consumer information and training measures10, and other measures to promote energy efficiency)11 __________________ 9 In accordance with Article 8 of Directive 2012/27/EU. 10 In accordance with Articles 12 and 17 of Directive 2012/27/EU 11 In accordance with Article 19 of Directive 2012/27/EU.
Amendment 1597 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point vii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point vii a (new)
viia. Overview of the investments needed to achieve the target
Amendment 1609 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii
ii. Measures to increase the flexibility of the energy system with regard to renewable energy production, including the roll-out of intraday market coupling and cross- border balancing markets, adjustment of product definitions, equal treatment for all market actors, and the removal of barriers to aggregation
Amendment 1611 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii a (new)
iia. Measures to ensure the non- discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets
Amendment 1613 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii
iii. Measures to ensure priority access and dispatch of electricity produced from renewable energy sources or high- efficiency cogeneration and prevent the curtailment or re-dispatch of this electricity18 __________________ 18In accordance with [recast of Directive 2009/72/EC as proposed by COM(2016) 864 and recast of Regulation (EC) No 714/2009 as proposed by COM(2016) 861]related to the adaptation of system operation rules and practices to enhance system flexibility; measures related to the use of dispatching rules which serve the achievement of the national renewable energy and greenhouse gas emissions reduction targets; measures related to the use of rules which minimise and compensate renewable energy re-dispatching and curtailment; measures to advance aggregation
Amendment 1615 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii a (new)
iiia. Measures for the deployment of smart grids and storage, the growth of demand response and smart self- consumption
Amendment 1617 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iv a (new)
iva. Measures related to the adjustment of charges for access to and use of the network, to support the uptake of storage, self-generation, self-consumption, demand response, including through aggregation
Amendment 1625 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.5 a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.5 a (new)
3.5a. Energy Efficiency First Principle Description of how the dimensions and the policies and measures are taking into account the Energy Efficiency First Principle
Amendment 1630 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point i
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point i
i. Current energy mix, domestic energy resources, including demand response, import dependency, including relevant risks
Amendment 1632 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point ii
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point ii
ii. Projections of development with existing policies and measures at least until 2040 (including for the year 2030) while fully taking into account the achievement of the 2020 and 2030 energy efficiency and renewable energy targets
Amendment 1636 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.6 a (new)
Annex I – part 1 – section B – paragraph 4 – point 4.6 a (new)
4.6a. Energy Efficiency First Principle Description of how the dimensions and the policies and measures are taking into account the Energy Efficiency First Principle
Amendment 1638 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.1
Annex I – part 1 – section B – paragraph 5 – point 5.1
5.1. Impacts of planned policies and measur, measures and investment strategies described in section 3 on energy system and greenhouse gas emissions and removals including comparison to projections with existing policies and measures (as described in section 4).
Amendment 1640 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.1 – point ii
Annex I – part 1 – section B – paragraph 5 – point 5.1 – point ii
ii. Assessment of policy interactions (between existing and planned policies and measures within a policy dimension and between existing and planned policies and measures of different dimensions) at least until the last year of the period covered by the plan, in particular to establish a robust understanding of the impact of energy efficiency / energy savings policies on the sizing of the energy system and to reduce the risk of stranded investments in energy supply
Amendment 1647 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.1 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.1 (new)
5.2.1. Consumer, competitiveness and economic impacts i. Expected trends in long term consumer energy prices and/or energy costs ii. Energy poverty impacts and related policy measures iii. Trade impacts, industrial competitiveness iv. Relevant industrial strategies or restructuring plans v. Assessment of distributive impact of the costs and benefits of support schemes for renewables and of network costs
Amendment 1649 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.2 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.2 (new)
5.2.2. Social impacts and the ‘just transition’ i. Employment implications of strategy (sectors likely to grow or contract) ii. Development of alternative industries, regional development, state aid implications, educational and skills aspects (retraining etc.)
Amendment 1651 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.3 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.3 (new)
5.2.3. Health and wellbeing i. Implications for air quality and related health effects ii. Other health and wellbeing impacts (e.g. water, noise or other pollution, walking and cycling expansion, commuting or other transport changes etc.)
Amendment 1653 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.4 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.4 (new)
5.2.4. Environmental impacts i. Details of any strategic environmental assessment or environmental impact assessments related to the strategy or national plans ii. Water-related aspects e.g. water demand or extraction (taking account of potential future climate change), impacts on water or marine habitats of hydro or tidal power etc. iii. Environmental (and climate) impacts of any increased mobilisation of bioenergy use (crop-based biofuels, forest biomass etc.) and relationship to strategy for removals in the land use sector
Amendment 1655 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.5 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.5 (new)
5.2.5. Any other environmental issues
Amendment 1658 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 a (new)
Annex I – part 1 a (new)
Amendment 59 #
2016/0325(COD)
Proposal for a decision
Recital 8
Recital 8
(8) PRIMA aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency, safety, security and sustainability of food production and water provision in the Mediterranean area. PRIMA should contribute to the achievement of the recently agreed Sustainable Development Goals and to the forthcoming European Sustainable Development Strategy, as well as to contribute to the goals of the Paris Agreement.
Amendment 68 #
2016/0325(COD)
Proposal for a decision
Recital 8
Recital 8
(8) PRIMA aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency, safety, security and sustainability of food production and water provision in the Mediterranean area. PRIMA should contribute to the achievement of the recently-agreed Sustainable Development Goals and to the forthcoming European Sustainable Development Strategy, as well as to contribute to the goals of the Paris Agreement.
Amendment 69 #
2016/0325(COD)
(10) In line with the objectives of Horizon 2020, any other Member State and third country associated to Horizon 2020 should be entitled to participate in PRIMA if it commits to contribute to the financing of PRIMA with an adequate percentage of the total effort.
Amendment 73 #
2016/0325(COD)
Proposal for a decision
Recital 10
Recital 10
(10) In line with the objectives of Horizon 2020, any other Member State and third country associated to Horizon 2020 should be entitled to participate in PRIMA if it commits to contribute to the financing of PRIMA with an adequate percentage of the total effort.
Amendment 76 #
2016/0325(COD)
Proposal for a decision
Recital 16
Recital 16
(16) PRIMA activities should be in line with the objectives and research and innovation priorities of Horizon 2020 and with the general principles and conditions laid down in Article 26 of Regulation (EU) No 1291/2013. PRIMA should take into account the OECD definitions regarding Technological Readiness Level in the classification of technological research, product development and demonstration activities, as well as addressing low to high technology readiness levels, including forms of ‘curiosity-driven’ and ‘practice-based’ research.
Amendment 81 #
2016/0325(COD)
Proposal for a decision
Recital 16
Recital 16
(16) PRIMA activities should be in line with the objectives and research and innovation priorities of Horizon 2020 and with the general principles and conditions laid down in Article 26 of Regulation (EU) No 1291/2013. PRIMA should take into account the OECD definitions regarding Technological Readiness Level in the classification of technological research, product development and demonstration activities, as well as addressing low to high technology readiness levels, including forms of 'curiosity-driven' and 'practice-based' research.
Amendment 105 #
2016/0325(COD)
(c) the commitment by each Participating State to contribute to the financing of PRIMA with an adequate percentage of the total effort;
Amendment 108 #
2016/0325(COD)
Proposal for a decision
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) research and innovation actions, as well as innovation actions, including demonstrators, pilot plants, testing, pre- commercial deployment, addressing in particular thelow to higher Technology Readiness Levels;
Amendment 109 #
2016/0325(COD)
Proposal for a decision
Article 6 – paragraph 1 – point b – introductory part
Article 6 – paragraph 1 – point b – introductory part
(b) activities funded by the Participating States through their national funding bodies without Union contribution, addressing increasingly also thelow to higher T technology Rreadiness Llevels and consisting in:.
Amendment 115 #
2016/0325(COD)
Proposal for a decision
Article 12 – paragraph 2 – subparagraph 3 a (new)
Article 12 – paragraph 2 – subparagraph 3 a (new)
The General Assembly decides what is an adequate percentage of the total effort pursuant to point (c) of Article 4(1).
Amendment 129 #
2016/0325(COD)
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the commitment by each Participating State to contribute to the financing of PRIMA with an adequate percentage of the total effort;
Amendment 137 #
2016/0325(COD)
Proposal for a decision
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) research and innovation actions, as well as innovation actions, including demonstrators, pilot plants, testing, pre- commercial deployment, addressing in particular thelow to higher Technology Readiness Levels;
Amendment 142 #
2016/0325(COD)
Proposal for a decision
Article 6 – paragraph 1 – point b – introductory part
Article 6 – paragraph 1 – point b – introductory part
(b) activities funded by the Participating States through their national funding bodies without Union contribution, addressing increasingly also thelow to higher Technology Readiness Levels and consisting in:
Amendment 197 #
2016/0325(COD)
Proposal for a decision
Article 12 – paragraph 2 – subparagraph 3 a (new)
Article 12 – paragraph 2 – subparagraph 3 a (new)
The General Assembly shall decide what is an adequate percentage of the total effort pursuant to point (c) of Article 4(1) of this Decision.
Amendment 28 #
2016/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, must respect the essence of the rights and freedoms recognised by the Charter of Fundamental Rights of the European Union ("the Charter") and must be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.
Amendment 30 #
2016/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity and, consumer protection, privacy and the protection of personal data. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 35 #
2016/0288(COD)
Proposal for a directive
Recital 91 a (new)
Recital 91 a (new)
(91 a) In order to ensure the proper safeguards to the security and integrity of networks and services, the use of end-to- end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by default and design and privacy by default and design. In particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services or any other organisations (at any level of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".
Amendment 37 #
2016/0288(COD)
Proposal for a directive
Recital 111
Recital 111
(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, Member States should explain the reasons for such limitationsuch limitations should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter. Furthermore, any national law allowing public authorities to obtain access to networks or the content of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter and taking into account the judgments of the Court of Justice of the European Union in Cases C-362/141a and Joined Cases C-293/12 and C- 594/122aand the Order of the Court in Case C-557/073a. _________________ 1a Judgment of 6 October 2015, ECLI:EU:C:2015:650. 2a Judgment of 8 April 2014, ECLI:EU:C:2014:238. 3a Order of 19 February 2009, ECLI:EU:C:2009:107.
Amendment 42 #
2016/0288(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 53 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. In order to contribute to the consistent application of measures for the security of networks and services, BEREC shall, by ... [date], after consulting stakeholders and in close cooperation with the Commission and other Union Agencies, issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of end-to-end encryption.
Amendment 61 #
2016/0288(COD)
Proposal for a directive
Article 93 – paragraph 2 a (new)
Article 93 – paragraph 2 a (new)
2 a. In order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, by ...[date], after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law.
Amendment 34 #
2016/0286(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) BEREC should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that BEREC should be a body of the Union having legal personality and exercising the powers conferred upon it. BEREC should be legally distinct and functionally independent from the industry and government in that it neither seeks nor takes instructions from any third party, it operates in a transparent and accountable manner as set out in a law and it has sufficient powers.
Amendment 37 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 6 a (new)
Article 2 – paragraph 1 – point e – indent 6 a (new)
- on common approaches to ensure that national measures regarding end- users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter of Fundamental Rights of the Union and general principles of Union law, in accordance with Article 93;
Amendment 40 #
2016/0286(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The public shall be able to access the full list of members of the Management Board including an indication whether or not the member is a Chair or Vice-Chair of the Board, their declaration of interests and a curriculum vitae. The information shall be published on the "Composition and organisation" section of BEREC's website.
Amendment 41 #
2016/0286(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Documents relating to the meetings of the Management Board shall be published on BEREC's website and shall include the agendas and minutes of meetings and any decisions taken, details of the members of the Management Board present, and a list of participants and observers who attended, the meeting, with due respect for Article 28.
Amendment 43 #
2016/0286(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. Working group members, including an indication of their particular role within the working group, a declaration of interests and a curriculum vitae must be made publicly available on BEREC's website.
Amendment 13 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. The Commission should investigate all possible measures to prevent the illegal use of copyright protected visual and audio-visual content for commercial purposes, through for example embedding or framing techniques. In addition, this Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final.
Amendment 19 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation, growth and jobs. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject- matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 39 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. TAlongside uneven application in Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
Amendment 42 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher educa, higher education, formal and non-formal educational settings, especially libraries and other cultural heritage institutions, to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 44 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, in both formal and non- formal educational settings, especially libraries and other cultural heritage institutions, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching. Compensation mechanisms should be only used in cases where there is unreasonable prejudice to the rightholders.
Amendment 48 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 49 #
2016/0280(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Different approaches in the Member States for acts of preservation by cultural heritage institutions hamper cross- border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market, leading to an inefficient use of resources. Member States should facilitate the cross-border sharing of best-practice, new technologies and preservation techniques.
Amendment 51 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, to reproduce works and other subject-matter permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.
Amendment 53 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned, held on long-term loan or permanently held by the cultural heritage institution, for example as a result of aresearch organisations and educational establishments, both formal and non-formal, including transfer of ownership or licence agreements.
Amendment 56 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licences for out-of-commerce works to extend to the rights of rightholders that are noteither not represented or not adequately represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation.
Amendment 58 #
2016/0280(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural institutions, users and collective management organisations when doing so.
Amendment 77 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 78 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 81 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The protection granted to publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side. Member States should ensure that a fair share of remuneration, derived from the use of the press publishers right, is attributed to journalists, authors and other rightsholders.
Amendment 132 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations, not-for-profit organisations and/or citizens in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific research.
Amendment 159 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 162 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment, whether formal or non-formal, or through a secure electronic network accessible only by the educational establishment's pupils or students and, teaching staff, or registered member;
Amendment 182 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, research organisations and educational establishments, both formal and non- formal, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purposes of the preservation of such works or other subject-matter and to the extent necessary for such preserv, research and education.
Amendment 192 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 194 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 248 #
2016/0280(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Unwaivable right to fair remuneration for authors and performers 1. Member States shall ensure that when authors and performers transfer or assign their right of making available to the public, they retain the right to obtain a fair remuneration derived from the exploitation of their work. 2. The right of an author or performer to obtain a fair remuneration for the making available of their work is inalienable and cannot be waived. 3. The administration of this right to fair remuneration for the making available of an authors or performers work shall be entrusted to their collective management organisations, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors, audio-visual authors and performers for their making available right. 4. Collective management organisations shall collect the fair remuneration from information society services making works available to the public.
Amendment 32 #
2016/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 10 June 2016 the Commission presented the proposal for the EU to ratify the Paris agreementThe Council ratified the Paris Agreement on 5 October 2016, following the approval of the European Parliament on 4 October 2016. The Paris agreement entered into force on 4 November 2016 and aims at keeping the increase of global temperature below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
Amendment 56 #
2016/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 202017 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 65 #
2016/0231(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) This Regulation should provide a strong incentive for greenhouse gas emissions reductions consistent with other Union climate, energy and vehicle emissions legislation, taking into account that transport, buildings and agriculture are responsible for over 35%, 25% and 17% of the emissions in the ESR respectively. When transforming this Regulation into national policies, Member States should set strict targets and compliance rules, and should properly invest in emissions reductions across all sectors. Moving towards zero-emissions vehicles and speeding up the deployment of low-emission alternative energy are key for the transport sector in order to reduce road vehicle emissions, keep Europe competitive and respond to the increasing mobility needs of citizens. Energy efficiency of buildings is key not only for reducing energy bills and decarbonising the economy, but also for creating skilled jobs and tackling energy poverty. Measuring emissions in agriculture is complex because of the range of agricultural practices, inputs, technology and the variables of soil, climate and land cover. Nonetheless, there are clear opportunities for emission reductions in agriculture and many are associated with long-term cost savings. In this regard, the Commission should adopt a delegated act, one year after the entry into force of this Regulation, specifying minimum targets for emission reductions within each sector covered by this Regulation for each Member State. For the purpose of that delegated act, the Commission should carry out a comprehensive assessment of the actions already made in order to ensure Member States effectively reduce actual greenhouse gas emissions in the context of the sectoral legislation. That report shall, if appropriate, be accompanied by a legislative proposal to increase the sectoral emissions reduction contributions of Member States.
Amendment 75 #
2016/0231(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation [ ] [on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework] lays down accounting rules on greenhouse gas emissions and removals relating to land use, land-use change and forestry (LULUCF). While the environmental outcome under this Regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land, afforested land, managed cropland and managed grass, managed grassland and managed wetland (including peatland) as defined in Regulation [ ], flexibility for a maximum quantity of 28190 million tonnes of CO2 equivalent of these removals divided among Member States according to the figures in Annex III should be included as an additional possibility for Member States to meet their commitments when needed. Where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to Article 8 (6) of Regulation [LULUCF] is adopted, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that Article. Before adopting such a delegated act, the Commission should evaluate the robustness of accounting for managed forest land based on available data, and in particular the consistency of projected and actual harvesting rates. In addition, the possibility to voluntarily delete annual emission allocation units should be allowed under this Regulation in order to allow for such amounts to be taken into account when assessing Member States' compliance with requirements under Regulation [ ].
Amendment 82 #
2016/0231(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The additional possibility provided for Member States to meet their commitments under this Regulation by using net removals from deforested land, afforested land, managed cropland and managed grassland is to be only used when taking fully into account the potential of different LULUCF categories not only from the CO2 perspective, but as well the environmental, soil and biodiversity perspective. For that purpose, it is recognised that not all afforestation is beneficial, in particular from the biodiversity perspective, and that also climate benefits of afforestation depend on vegetation and soil properties being present before afforestation. Afforestation actions taking place in 2017 to 2030 affecting wetlands (including peatlands), the Natura 2000 network and habitats listed in Annex I to Council Directive 92/43/EEC1a , in particular natural and semi-natural grassland formations and raised bogs and mires and fens, and other wetland (including peatlands) or afforestation actions using potentially invasive or recognized invasive species, should therefore eliminate the possibility of that Member State to use credits from that afforestation for any given year in 2021 to 2030. _________________ 1aCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 86 #
2016/0231(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Given that the flexibility for Member States to meet their commitments under this Regulation by using net removals from deforested land, afforested land, managed cropland and managed grassland is provided in particular due to limited non-CO2 emission reduction potential of the agricultural sector, this sector needs to first do its utmost to use its own potential in CO2 emission reduction. For that purpose, it should be possible to use credits for afforestation and, if applicable, forest management only if that Member State provides the right incentives in its agricultural sector to increase the content of soil carbon via measures carried out in its agricultural policy.
Amendment 88 #
2016/0231(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) Credits from afforestation and, if applicable, forest management should be used only if the presence of landscape features, such as trees, in agricultural land, which represents carbon sink in a similar way as trees in forests, is supported and incentivized. This should be done in particular, but not only, via maintenance and restoration of non- forest habitats, such as agro-forestry, for example 6310 – Dehesas with evergreen Quercus spp, *6230 -species rich grasslands on siliceous substrates, *6530- Fennoscandian wooded meadow.
Amendment 89 #
2016/0231(COD)
Proposal for a regulation
Recital 12 d (new)
Recital 12 d (new)
(12 d) In order to boost restoration action on wetlands, including peatlands, the category of managed wetlands should also generate credits that can be used for purpose of Article 7 of this Regulation.
Amendment 96 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act delegated act in accordance with Article 12 to supplement this Regulation by setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementingdelegated act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 98 #
2016/0231(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure uniform conditions for the implementation of Article 4 according to which annual emission limits for Member States will be established, implementing powersThe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council21 . _________________ 21 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13) in respect of supplementing this Directive by determining which annual emission limits will be established for Member States.
Amendment 102 #
2016/0231(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be reviewed as of 20243 and every 53 years thereafter in order to assess its overall functioning. The review should take into account evolving national circumstances and be informed by the results of the global stocktake of the Paris Agreement. Where necessary, the review of this Regulation should be accompanied by legislative proposals in order to further improve the Union's climate action, taking into account the current status of implementation of relevant sectoral policies, and in line with the facilitative dialogue under the UNFCCC.
Amendment 103 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. This implementingdelegated act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 1050 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
Amendment 104 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 109 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The general objective of this Regulation is to help set the Union on a cost-effective path to reach the goals of the Paris Agreement, to strengthen the Union's response to the threat of climate change, to further the transition to a sustainable economy and to set a clear trajectory towards net-zero emissions in the second half of this century.
Amendment 122 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 202017 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 and using the 2020 targets established in Decision No 406/2009/EC as a maximum limit, whichever is the lower value, and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 132 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act delegated act in accordance with Article 12 to supplement this Regulation by setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementingdelegated act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 138 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. This implementingdelegated act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 100 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
Amendment 139 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 141 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. The Commission shall adopt a delegated act, one year after the entry into force of this Regulation, specifying minimum targets for emission reductions within each sector covered by the Regulation for each Member State. For the purpose of that delegated act, the Commission shall carry out a comprehensive assessment of the actions already made in order to ensure Member States effectively reduce actual greenhouse gas emissions in the context of the sectoral legislation. That report shall, if appropriate, be accompanied by a legislative proposal to increase the sectoral emissions reduction contributions of Member States.
Amendment 143 #
2016/0231(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Long-term emission reduction trajectory from 2031 Each Member State shall, for each year from 2031 to 2050, continue to reduce the greenhouse gas emissions covered by this Regulation. Each Member State shall ensure that its greenhouse gas emissions in each year between 2031 and 2050 do not exceed the level defined by a linear trajectory, starting in 2027 on the average of its greenhouse gas emissions during 2026, 2027 and 2028 and leading to a reduction of emissions in 2050 that is in line with their respective mid-century, long-term low greenhouse gas emission development strategies as requested by the Paris Agreement and that in sum leads to the higher end of the overall Union goal of reducing between 80 to 95 % of emissions compared to 1990 levels as well as taking into account the international objective of achieving a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century. The Commission shall adopt a delegated act in accordance with Article 12 to supplement this Regulation by specifying the annual emission allocations for the years from 2031 to 2050 in terms of tonnes of CO2 equivalent as well as specifying minimum targets for emission reductions within each sector covered by this Regulation for each Member State. This Article shall be subject to review in accordance with Article 14.
Amendment 151 #
2016/0231(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including. The Commission shall, for that purpose, adopt a delegated act in accordance with Article 12 to supplement this Regulation, concerning in particular annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public.
Amendment 154 #
2016/0231(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(3), 7(2) and 11 of this Regulation shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.
Amendment 159 #
2016/0231(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 160 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall submit a report to the European Parliament and the Council assessing the consistency of the Union´s climate change legislation with the Paris Agreement goals. The report shall assess in particular the adequacy of the obligations laid down in this Regulation.
Amendment 161 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU'’s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make legislative proposals if appropriate.
Amendment 218 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. For the purpose of using credits from afforestation for any given year within the period from 2017 to 2030, the Member State shall demonstrate that the afforestation did not take place in areas covered by Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council 1b or in habitats under Annex I of the Directive 92/43/EEC, in particular natural or semi- natural grassland formations, raised bogs, mires, fens, or other wetlands (including peatlands). _________________ 1bDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 219 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1 b. For the purpose of using credits from afforestation, that Member State shall provide documentation relating to species used for this afforestation in the period from 2017 to 2030 among which no invasive or potentially invasive species were planted.
Amendment 220 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1 c. For the purpose of using credits from afforestation and, if applicable, forest management, that Member State shall present information on the legal framework being in place to increase the content of soil carbon in the form of setting a baseline as of 2021 on soil cover, protection of soil from erosion and from desertification which will be evaluated and approved by the Commission.
Amendment 221 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
1 d. For the purpose of using credits from afforestation and, if applicable, forest management, that Member State shall provide proof that the existence of landscape features, in particular trees, in cropland and grassland is not disincentivized and instead that legal and financial tools by means of agricultural policy are used for promotion of landscape features in agro-ecosystems, including maintenance and restoration of habitats related to agro-forestry.
Amendment 233 #
2016/0231(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, pursuant to paragraph 2 of this Article and the flexibilities used pursuant to Articles 5 to 7, the following measures shall apply:
Amendment 246 #
2016/0231(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including. The Commission shall, for that purpose, adopt a delegated act in accordance with Article 12 to supplement this Regulation, concerning in particular annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public.
Amendment 257 #
2016/0231(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 258 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall publish a communication assessing the consistency of the Union's climate change legislation with the Paris Agreement goals. In particular, the communication shall examine the role and adequacy of the obligations laid down in this Regulation in meeting the Paris Agreement goals. Once an EU mid-century, long-term low greenhouse gas emission development strategy is adopted as requested by the Paris Agreement, the Commission shall reassess the adequacy of the obligations laid down in this Regulation in meeting the Union's long-term targets between 2031 and 2050 as well as the Paris Agreement goals and shall make legislative proposals to adjust the contributions of Member States accordingly. The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target, the Union's long-term targets between 2031 and 2050 and its contribution to the goals of the Paris Agreement, and mayshall make proposals if appropriatelegislative proposals to adjust the contributions of Member States accordingly.
Amendment 263 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 20243 and every fivthree years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and mayshall make proposals if appropriatelegislative proposals.
Amendment 276 #
2016/0231(COD)
Proposal for a regulation
Annex III
Annex III
Amendment 60 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, or mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 71 #
2016/0151(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’s audience, as well as channels and audiovisual programmes for children. In particular, evidence shows that product placement and embedded advertisements can affect children’'s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’s audiencechannels and audiovisual programmes for children. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 76 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence, without affecting media pluralism.
Amendment 78 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmfulillegal, harmful, racist and xenophobic content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. These rules should fully respect the freedom of expression, and could also create an EU common base for tackling "harmful content" and "incitement to violence and hatred".
Amendment 85 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a groupgroup of persons defined by reference to sex, race, colour, relethnic or social origion, descent or national or ethnic origingenetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 91 #
2016/0151(COD)
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. _________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 97 #
2016/0151(COD)
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriatenecessary measures to protect minors from harmfulillegal, harmful, racist and xenophobic content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the rights of the child.
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 100 #
2016/0151(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States canshould achieve the requisite degree of structural independence only ifby being established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of thefull enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should be transparent and should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection and non- discrimination, the internal market and the promotion of fair competition.
Amendment 102 #
2016/0151(COD)
Proposal for a directive
Recital 35
Recital 35
(35) With a view to ensuring the consistent application of the Union audiovisual regulatory framework across all Member States, the Commission established ERGA by Commission Decision of 3 February 201436. ERGA's role is to advisect as an independent expert advisory group and assist the Commission in its work to ensure a consistent implementation of Directive 2010/13/EU in all Member States, and to facilitate cooperation among the national regulatory authorities, and between the national regulatory authorities and the Commission. _________________ 36 Commission Decision C(2014) 462 final of 3 February 2014 on establishing the European Regulators Group for Audiovisual Media Services.
Amendment 104 #
2016/0151(COD)
Proposal for a directive
Recital 36
Recital 36
(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level independent advice to the Commission on implementation matters. This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.
Amendment 105 #
2016/0151(COD)
Proposal for a directive
Recital 37
Recital 37
(37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union codes of conduct in the area of protection of minors, racism, xenophobia and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 110 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
Article 1 – paragraph 1 – point b a
Article 1 – paragraph 1 – point b a
(ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video-sharing platform by one or more users independent of and separate from the video-sharing platform;
Amendment 112 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
Chapter II – Article 1 a (new)
Amendment 117 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit terrorist acts or the glorification of such acts.
Amendment 118 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a groupgroup of persons defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health;
Amendment 124 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 126 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted;replaced by the following: Member States shall ensure that services provided by the audiovisual media service providers under their jurisdiction are made accessible to people with visual and/or hearing disabilities, including by using subtitles for the deaf and hard of hearing, sign language interpretation and audio message and audio description for any visual information. Member States should require that media service providers report on an annual basis on the accessibility of their services.
Amendment 128 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audiencechannels and audiovisual programmes for children, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 129 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audience, as well as channels and audiovisual programmes for children.
Amendment 131 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, or mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 137 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 138 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
Amendment 140 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.and audiovisual commercial communication violating human dignity and containing incitement to violence or hatred based on sex, nationality, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 141 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origingroup of persons defined by race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 146 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
Amendment 149 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) defining and applying in the terms and conditions of the specific video- sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, or mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 151 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b
Article 28 a – paragraph 2 – subparagraph 2 – point b
(b) establishing and operating user- friendly mechanisms for users of video- sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 153 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point c
Article 28 a – paragraph 2 – subparagraph 2 – point c
(c) establishing and operating efficient age verification systems for users of video- sharing platforms with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 155 #
2016/0151(COD)
(d) establishing and operating easy to use systems allowing users of video- sharing platforms to rate the content referred to in paragraph 1;
Amendment 157 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point e
Article 28 a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems with respect to content which may impair the physical, mental or morental development of minors;
Amendment 159 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3
Article 28 a – paragraph 3
3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member Statesthe European Commission shall encourage co-regulation as provided for in Article 4(7).
Amendment 160 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30. The independent national regulatory authorities shall provide the necessary guidelines to ensure that the measures taken, respect freedom of expression, are based on prior judicial authorisation, and include the necessity to inform users.
Amendment 162 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. Member States shall not require video-sharing platform providers to conduct any stricter ex-ante control measure.
Amendment 166 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall transparently designate one or more independent national regulatory authorities. Member States and shall ensure that they are legally distinct and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 170 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point a
Article 30 a – paragraph 3 – point a
(a) to advise and assist the Commission in its work to ensure a consistent and transparent implementation in all Member States of the regulatory framework for audiovisual media services;
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 141 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 183 #
2016/0133(COD)
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible . As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with them and of the possibility of presenting all further information which is relevant for correctly determining the Member State responsible before a final decision is taken, including the presence of family members or relatives in the Member States, and the existence of meaningful links with a Member State. The applicant should also be informed of all his or her rights, including the right to an effective remedy and legal assistance. When the applicant is a minor, the interview has to be conducted in a child- friendly manner and with the presence of a guardian and, where applicable, the legal advisor or counsellor. The person conducting the interview shall be qualified and competent to take account of the personal and general circumstances surrounding the applicant.
Amendment 202 #
2016/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be limited to exceptional cases and for as short a period as possible and subject to the principles of necessity and proportionality. Minors shall never be detained. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention and which shall fully respect the person's fundamental rights. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive 2013/33/EU also to persons detained on the basis of this Regulation.
Amendment 230 #
2016/0133(COD)
Proposal for a regulation
Recital 32
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 whichorder to implement the principles of solidarity and fair sharing of responsibility on asylum among Member States enshrined in Article 80 TFEU. The application of the allocation mechanism should be permanent and automatic, whenever a Member State is responsible exceeds 150% of the figurcould not be identified in the reference keytermined according to the criteria set out in Chapter III and IV of this Regulation. 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 which the Member State is responsible, for the purposes of this calculation.
Amendment 240 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member State should ensure that procedures are efficient and allow applicants for international protection to be promptly relocated to other Member States. With a view to avoid costly and time-consuming secondary transfers and in order to provide an efficient access to family unity for applicants whilst not unduly overburdening frontline Member States a light family reunification procedure should be envisaged which would allow for the transfer of applicants that are likely to meet the relevant criteria to allow them to be reunited with family members in a particular Member State.
Amendment 283 #
2016/0133(COD)
Proposal for a regulation
Recital 52
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.
Amendment 286 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single 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 (‘the Member State responsible’).
Amendment 305 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor childrensons and daughters of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 353 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III, IV and VII indicate is responsible.
Amendment 358 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining itshall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 364 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible, the Member State responsible shall be determined by the allocation mechanism pursuant to Chapter VII.
Amendment 371 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 385 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 453 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) of the right to request free legal assistance and representation at all stages of the procedure.
Amendment 470 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed on the progress of the procedures carried out under this Regulation with regard to their application. Such information shall be provided in writing at regular intervals, at least every two weeks. In the case of minors, the competent authorities shall inform both the minor and the guardian with the same modalities. The Commission shall be empowered to adopt an implementing act to establish the modalities for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 482 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. When the applicant is a minor, the personal interview shall be conducted in a child-friendly manner and with the presence of the guardian and, where applicable, the legal advisor or counsellor. Where necessary, Member States shall have recourse to an qualified interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 487 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant's cultural origin, age, gender, sexual orientation, gender identity, and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past. The applicant may request to be interviewed and assisted by personnel of the same sex, provided that this is possible.
Amendment 501 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leafletinformation materials for unaccompanied minors. The guardian shall be appointed as soon as possible, but at the latest within five days from the making of the application.
Amendment 518 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. the need for decisions concerning children to be treated with priority;
Amendment 527 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.
Amendment 535 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter III, IV and VII of this Regulation.
Amendment 571 #
2016/0133(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
Amendment 587 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 596 #
2016/0133(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where it is established, on the basis of proof or circumstantial evidence, that an applicant has crossed the border into the Member State where the application was lodged having come through another Member State, the Member State responsible for examining the application for international protection shall be determined in accordance with the procedure in Article 24a.
Amendment 601 #
2016/0133(COD)
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be determining the Member State responsible for examining the application according to the criteria set out in Chapter III, IV and VII..
Amendment 602 #
2016/0133(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Centralised allocation mechanism When it is not possible to determine a Member State responsible according to the previous criteria under Chapters III and Articles 18, 18a and 19 do not apply, the Member State responsible shall be determined with the allocation mechanism set out in Chapter VII of this Regulation.
Amendment 681 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
If none of the criteria set out in Chapter III and IV apply, the determining Member State should determine the Member State responsible with the allocation mechanism according to the procedure laid down in Chapter VII.
Amendment 686 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in whichbe determined by the applillocation was lodgedmechanism under Chapter VII.
Amendment 764 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. As regards the detention conditions, which shall fully respect the person´s fundamental rights, and the guarantees applicable to persons detained, in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.
Amendment 770 #
2016/0133(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The costs necessary to transfer an applicant or another person as referred to in Article 20(1)(c), (d) or (ed) to the Member State responsible shall be met by the transferring Member Stategeneral budget of the Union.
Amendment 771 #
2016/0133(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Costs of reception The costs of reception of applicants covered by a determining Member State until the transfer to the Member State responsible (or until the moment in which it assumes responsibility on the application) should be refunded by the general budget of the Union.
Amendment 780 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit ofall the applications for which a Member Sstate, 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 responsible could not be determined according to the criteria set out in Chapter III and IV of this Regulation, and also in the cases in which Article 24a applies.
Amendment 787 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 807 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The automated system shall continuously monitor whether any of the Member States is above the threthe number of applications for which a Member State is responsible, to which the number of people effectively resettled to that Member State should 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. be added, and check whether for any of the Member States this number is higher than the respective reference number. If so, the automated system shall notify the Member States and the Commission of this fact, indicating the number of applications above this threshold. No further allocation should be made towards these Member States until the number of applications for which they are responsible (including resettled persons) is below their reference number.
Amendment 972 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 991 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1001 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
By way of derogation from Article 34(2), during the first three months after entry into force of this Regulation, the corrective allocation mechanism shall not be triggered. By way of derogation from Article 34(3), after the expiry of the three month period following3), after the entry into force of this Regulation and until the expiry of one year following the entry into force of this Regulation, the reference period shall be the period which has elapsed since the entry into force of this Regulation.
Amendment 427 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. For the purposes of paragraph 1, the Agency shall have access to aggregated data from Eurodac and other relevant databases.
Amendment 604 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum and assisting third countries as regards expertise and capacity building for their own asylum and reception systems as well as implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Agency shall seek the prior approval of the Commission for such working arrangements and it shall inform the European Parliament. The Agency shall inform the European Parliament before a working arrangement is concluded.
Amendment 617 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6 a. The Agency shall inform the European Parliament of activities conducted pursuant to this Article. It shall include an assessment of the cooperation with third countries in its annual reports
Amendment 39 #
2016/0089(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be the duty of the European Border and Coast Guard Agency to keep under constant review the situation regarding massive inflows of third country nationals into Member States.
Amendment 39 #
2016/0062(NLE)
Motion for a resolution
Citation 17
Citation 17
Amendment 40 #
2016/0062(NLE)
Motion for a resolution
Citation 17 (new)
Citation 17 (new)
– having regard to the European Parliament report on the implementation of the UN Convention on the Rights of Persons with Disabilities which calls for the EU to become a party to the Istanbul Convention as a further step in combating violence against women and girls with disabilities;
Amendment 86 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence are widespread in the EU and is to be understood as an extreme form of discrimination and a violation of the human rights; whereas further measures are needed to encourage women who have been the victims of violence to report their experiences and seek assistance, and to ensure that they receive appropriate support in line with their needs and that they are informed about their rights;
Amendment 98 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union Agency for Fundamental Rights report entitled ‘Violence against women: an EU- wide survey’, published in March 2014, shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 99 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas citizens and residents in the Union are not equally protected against gender-based violence, due to differing policies and legislation across Member States, as regards among other the definition of offences and the scope of the legislation, and are therefore vulnerable to such violence;
Amendment 132 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain women such as women and girls with migrant background, undocumented migrant women, refugee women and asylum seekers, women and girls with disabilities, lesbian, transgender women and girls, intersex women and girls, Roma women and girls, young women and elderly women, homeless women, black women and Muslim women face greater risk of violence because of motives fuelled by sexism coupled with racism, xenophobia, homophobia, transphobia and intersexphobia as well as discrimination based on age, disability, ethnicity or religion; whereas those women facing intersectional and multiple forms of discrimination may have specific needs and this entails that they should be granted special protection;
Amendment 191 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girlspsychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation, forced abortion and forced sterilisation, and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; stresses that the Istanbul Convention ensures that culture, custom, religion, tradition or so-called “honour” cannot be a justification of any acts of violence against women;
Amendment 285 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k
Paragraph 5 – point k
(k) To implement the provisions of the Istanbul Convention on migration and asylum, taking into account the fact that migrant women, whether properly documented or not, and women asylum- seekers are particularly vulnerable to gender-based violence and that gender- based violence may, including female genital mutilation, can be recognised as a form of persecution uander the terms of that the victims can thus avail themselves of the protection offered by the 1951 Refugee Convention; to ensure that Member States respect a gender- sensitive approach in all asylum and reception procedures;
Amendment 792 #
2016/0030(COD)
Proposal for a regulation
Article 19 – subparagraph 1 a (new)
Article 19 – subparagraph 1 a (new)
In the case of Malta, where less than 5% of households are connected to a gas distribution network, it shall be able to consider local power generating plants fuelled by natural gas as a protected customer for the purposes of Article 2 (1).
Amendment 115 #
2016/0023(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) As Union legislation already transposes many of the obligations of the Convention, this Regulation should only lay down provisions that complement the Union acquis and that are needed to ensure its full alignment with the Convention and, accordingly, to enable the Union and its Member States to ratify and implement it.
Amendment 122 #
2016/0023(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Regulation should not prevent the export, import and manufacturing of medicinal products providing demonstrable significant health benefits where there are no mercury-free active substances available as alternatives.
Amendment 130 #
2016/0023(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In accordance with Article 193 TFEU, this Regulation should not prevent Member States from maintaining or introducing more stringent protective measures, provided that such measures are compatible with the Treaties and the Commission has been notified.
Amendment 136 #
2016/0023(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In the absence of relevant available mercury-free production processes, operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercuryThe production of sodium or potassium methylate or ethylate which involves the use of mercury should be prohibited. In the absence of relevant available mercury-free production processes for potassium methylate or ethylate, operating conditions and a phasing-out period for such production should be set.
Amendment 138 #
2016/0023(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The manufacturing and placing on the market of new mercury-added products and the establishment of new mercury- based manufacturing processes would increase the use of mercury and of mercury compounds and mercury emissions within the Union. Such new activities should therefore be prohibited unless an assessment of the risks and the benefits demonstrates that these uses would provide significant environmental and health benefits and that no technically and economically feasible mercury-free alternatives providing such benefits are available.
Amendment 200 #
2016/0023(COD)
Proposal for a regulation
Article 8 – paragraph 3 – indent 2
Article 8 – paragraph 3 – indent 2
- an assessment of its environmental and health risks and benefits;
Amendment 213 #
2016/0023(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 1 January 20198 onwards dental amalgam shall only be used in an encapsulated form.
Amendment 217 #
2016/0023(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. From 1 January 2018, dental amalgam shall not be used for the treatment of children under 12 years old and of pregnant and breastfeeding women.
Amendment 220 #
2016/0023(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. The use of dental amalgam shall be phased-out by 31 December 2021.
Amendment 250 #
2016/0023(COD)
Proposal for a regulation
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. Mercury waste shall be permanently stored in solidified form in salt mines that are adapted for the disposal of mercury, or in deep underground hard rock formations providing a level of safety and confinement equivalent to that of such salt mines;
Amendment 252 #
2016/0023(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By way of derogation from paragraph -1 and from point (a) of Article 5(3) of Directive 1999/31/EC, mercury waste may be stored in one of the following ways: temporarily stored in liquid form for up to five years subject to the specific requirements for the temporary storage of mercury waste, as laid down in Annexes I, II and III to that Directive, in above-ground facilities dedicated to and equipped for the temporary storage of mercury.
Amendment 259 #
2016/0023(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 271 #
2016/0023(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 42 #
2016/0014(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should ensure that the national type-approval authorities interpret, apply and enforce the requirements of this Regulation across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of a random sample of the type-approvals issued and general monitoring of the harmonised application of this Regulation.
Amendment 46 #
2016/0014(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type- approval under the responsibility of type- approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application across all Member States. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. In order to ensure adequate oversight and level playing field across Europe, the assessment of the applicant technical service should include the on- site assessment and witnessing the actual type-approval tests.
Amendment 59 #
2016/0014(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure that tests and reports provided by technical services are not influenced by non-legitimate circumstances, the organisation and operation of technical services should ensure full impartiality. To this extent the in-house technical services of the manufacturer should not carry out type- approval and conformity testing for safety, fuel consumption, emissions and other compliance aspects of vehicles and those should be verified by independent third party laboratories only. To be able to carry out their tasks in a coherent and systematic manner the technical services should possess a satisfactory management system including provisions on professional secrecy. In order to allow technical services to perform their work properly, the level of knowledge and competence and independence of their personnel should be guaranteed at all times.
Amendment 61 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsubject to regular supervisory controls at Union level, including independent audits, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 68 #
2016/0014(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to ensure independent testing for in-service compliance throughout the complete life-cycle of all applicable vehicles, robust and mandatory emission testing methods should be developed in order to provide roadworthiness test requirements that are based on the combination of direct tailpipe testing and of OBD testing, including the establishment of test methods for the measurement of NOx during the periodic emission testing pursuant to Directive 2014/45/EU and particulate levels and of their limit values. In particular, new remote sensing technologies can be used to identify grossly polluting vehicles on the road and focus in-service compliance testing for the regulated emission limits (PN, NOx, CO and HC) on these vehicles as the most cost-effective way to carry out periodic technical inspections in the future.
Amendment 69 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval document and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests, intellectual property rights and the protection of personal data, unless it is in the public interest.
Amendment 72 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence. Moreover, it should be based on clear and detailed criteria and include among others random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel economy, on vehicles with a very high sales volume and take into account past history of compliance, tips from consumers, results of remote sensing testing as well as concerns of independent research bodies.
Amendment 78 #
2016/0014(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.
Amendment 79 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose but other than the technical service that performed the testing for type- approval purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 88 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shallould report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 93 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) 'defeat device' means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under all ambient or engine operating conditions regularly pertaining in the territory of the Union and encountered either during normal vehicle operation or outside the type-approval test procedures;
Amendment 94 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) 'Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 95 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) 'Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 99 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44a) 'remote sensing' means scanning and measuring pollutant levels in a vehicle's exhaust while the vehicle is in motion using sensor-equipped instruments positioned roadside with the purpose of collecting performance data required to monitor the average on-road fleet emissions and identify excessive polluters;
Amendment 106 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators without prior notice and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 106 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
Amendment 107 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) 'Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 108 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) 'Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 109 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summaryfull report of the results accessible to the general public, in particular the number of type-approval granted and rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 113 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summaryfull report of the results accessible to the publicgeneral public free of charge, in particular the number of those vehicles, systems, components or separate technical units that are not in compliance with this Regulation together with the identity of the corresponding manufacturers.
Amendment 116 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type-approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 117 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall interpret and enforce the requirements of this Regulation in a uniform and consistent manner to avoid divergent standards being applied across the Union. They shall cooperate with the Commission and the Forum in its monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 118 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union.
Amendment 120 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission mayshall adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 122 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples that are representative of the number of vehicles in that member state. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. including complaints, popularity of vehicle models and their parts, third-party testing results, very high or very low fuel economy models, first application of new engine or technology, reports from periodic technical inspections, sampling programmes using remote sensing and other information. In case of vehicles, market surveillance authorities shall aim to cover annually at least 20% of the new models put on the market of the Member State concerned each year to verify that the vehicles comply with the Union safety and environmental legislation.
Amendment 128 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
When technical services are designated for the purposes of fulfilling the requirements of this Article, market surveillance authorities shall ensure that a different technical service is used from the one performing tests for the purpose of the original type-approval.
Amendment 131 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications necessary.
Amendment 135 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. For verifying emissions of vehicles, market surveillance authorities may make use of remote sensing technology to help identify highly polluting vehicle models for further investigation. In doing so, the authorities shall cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles.
Amendment 136 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall be made available online in plain and understandable language.
Amendment 139 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The cost of the market surveillance activities pursuant to this article shall be borne by the manufacturers of the vehicles, systems, components and separate technical units concerned.
Amendment 141 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 143 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 146 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission, the Forum and third parties upon request. The Member State concerned shall make a summary of the results accessible to the publicgeneral public in particular the number of those vehicles, systems, components or separate technical units that are not in conformity with this regulation together with the identity of the corresponding manufacturers.
Amendment 150 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1 a (new)
Article 8 – paragraph 8 – subparagraph 1 a (new)
The market surveillance authorities shall make publicly available, at least every two years, a summary report of the scope, scale and results of their market surveillance activities.
Amendment 153 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementdelegated acts ing actscordance with Article 88, to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2) and criteria for the selection of the vehicles for testing.
Amendment 160 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take placeshall be carried out on - new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. and - registered vehicles in agreement with the vehicle registration holder.
Amendment 162 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Amendment 164 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are fully representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval and be as close as possible to the vehicle used in real world conditions. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require.
Amendment 172 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties, including 'road load test data'. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 175 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 a (new)
Article 9 – paragraph 5 – subparagraph 1 a (new)
Any remedy action taken by the Commission pursuant to its verification testing shall apply Union-wide and shall be implemented by the national authorities in a harmonised and consistent manner. Such Union corrective action may include uniform compensation to consumers if the original vehicles' performance was altered following the remedy action taken as well as financial compensation for any external negative impacts (air quality, public health, etc.).
Amendment 182 #
2016/0014(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Forum foron Enforcement and Exchange of Information on Enforcement
Amendment 184 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establish and chair a Forum foron Enforcement and Exchange of Information on Enforcement (‘the Forum’).
Amendment 186 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States, representatives of the Commission and the European Parliament. As observers, it shall include representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups.
Amendment 192 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum shall carry out joint audits of the national type-approval authorities every 3 years to verify they comply with the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The audits shall include a verification of the national type approval procedures put in place, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit. The Forum shall have powers to levy sanctions on the authority concerned. Other Member States shall not recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place. The Forum shall coordinate market surveillance activities in line with Article 8 to avoid duplication and ensure cost- effectiveness. It shall in particular advise on the samples to be checked according to the principles of risk assessment and ensure the required number of vehicles, systems, components and separate technical units is surveyed by the market surveillance authorities annually across the Union.
Amendment 194 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall also comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 195 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
All decisions taken and recommendations agreed upon by the Forum shall be made public including on recalls.
Amendment 197 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, audit procedures, including sanctions, referred to in paragraph 2, working methods and rules of procedure of the Forum.
Amendment 202 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for EU type- approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedures when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 206 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit, this shall include any technical specifications at type approval and access to software and algorithms as requested;
Amendment 220 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated into a whole vehicle.
Amendment 224 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy)
Amendment 225 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b b (new)
Article 22 – paragraph 1 – point b b (new)
(bb) a list of all defeat devices or any Auxiliary Emission Strategy, including a description of the parameters that are modified by any AES and the boundary conditions under which the AES operate, and indication of which AES and BES are likely to be active under all range of ambient conditions, detailed technical descriptions and calibration specifications, as well as a detailed justification of each defeat device that results in a reduction in effectiveness of the emission control system, and rationale for why it is not a defeat device prohibited under Article 5(2) of Regulation 715/2007,
Amendment 226 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission bu. It may also be additionally supplied on paper.
Amendment 230 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicleafety and emissions-related software and hardware and to algorithms of the vehicle as well as an appropriate insight into the system development process of software and hardware, while taking into account their respective duties.
Amendment 231 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 a (new)
Article 23 – paragraph 4 – subparagraph 1 a (new)
The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the safety and emissions-related software at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.
Amendment 232 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority and the responsible technical service may, by reasoned request, also require the manufacturer to supply any additional information neededwhich is necessary to take a decision on which tests are required, or to facilitate the execution of those tests.
Amendment 233 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2 a (new)
Article 23 – paragraph 4 – subparagraph 2 a (new)
The approval authority and the responsible technical service shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union.
Amendment 235 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c a (new)
Article 24 – paragraph 2 – point c a (new)
(ca) the validity of the justification given for the installation of a defeat device in accordance with Art 5(2) of Regulation 715/2007
Amendment 237 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
Amendment 238 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Article 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation (EC) No 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 241 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed solely and in full by designated technical services.
Amendment 242 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authoritytechnical service with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 243 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved.
Amendment 244 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 a (new)
Article 28 – paragraph 3 – subparagraph 1 a (new)
In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 246 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approval shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. An approval authority shall inspect every year at least 20% of all new car models which have been type- approved and produced.
Amendment 247 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, applying best available testing technology, on samples taken at random at the premises of the manufacturer, including production facilities or dealership. These tests shall be carried out by a different technical service than the one that performed the original testing for the purpose of type-approval.
Amendment 251 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into compliance or withdraw the type- approval.
Amendment 252 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
-1. Member States shall ensure that there is no conflict of interest or commercial relationship between national authorities responsible for type approval and market surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 255 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for activities, the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 262 #
2016/0014(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Funding of market surveillance activities 1. Member States shall impose an administrative charge on manufacturers to cover the costs of national surveillance activities required by this Regulation. This charge shall be proportionate to the services required from national type approval and surveillance authorities and testing services to perform their tasks and duties in line with the provisions of this Regulation. For the purposes of the above paragraph, Member States shall levy manufacturers a charge of EUR 10 per each vehicle sold on their territory in a given year. The charge shall be collected at national level and used to cover the costs, in the following year, of market surveillance activities required pursuant to the provisions of this Regulation. 2. Member States shall notify annually the details of the fees collected and the annual total cost of surveillance testing performed as a result to the other Member States and the Commission via the Forum established in article 10. The first notification shall be effected on 1 January 2019 [date of entry into force of this Regulation + 1 year]. 3. The Commission may adopt implementing acts in order to update the annual amount referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 263 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated. When evaluating such revisions, the approval authority shall take into account the results of relevant market surveillance activities pursuant to Article 8 of this Regulation.
Amendment 264 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b a (new)
Article 32 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the results of verification testing by either the Commission or the market surveillance authorities show non- conformity with any of the Union safety or environmental legislation;
Amendment 272 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing delegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 277 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period6 months, depending on the nature of the risk.
Amendment 279 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 281 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayshall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 286 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 289 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay and make publically available a full report of the evaluation findings and proposed remedies.
Amendment 299 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Forum every two years in accordance with provisions of Article 10.
Amendment 303 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesForum shall draw up the annual plan for the peer-reviewaudit, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 305 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall includeaudit shall include a verification of the type approval procedures and correct implementation of the requirements of this Regulation, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.
Amendment 307 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
If the audit demonstrates that the authority has breached any requirements of this Regulation or the vehicles, systems, components and separate technical units are not in conformity with the type approvals it issued, the authority shall immediately take all steps necessary to bring its procedures in compliance. The Member States may decide not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation is achieved.
Amendment 310 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewaudit shall be communicated to all Member States and, to the Commission and third parties upon request, a summary report of the outcome shall be made publicly available. ItThe Forum shall be discussed by the Forum established in Article 10 and evaluate the results onf the basis of an assessment of this outcome carried out by the Commissaudits and shall ensure that the recommendations and issue recommendationsre implemented.
Amendment 311 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-reviewaudit report.
Amendment 316 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 317 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 320 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 322 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 326 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category AB activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses.
Amendment 328 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
Article 76 – paragraph 2 – point c a (new)
(ca) the in-house technical service shall be audited according to the provisions of Article 77;
Amendment 332 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need toshall be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authorityas set out in Article 78.
Amendment 334 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.
Amendment 335 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Commission, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment and witnessing the actual type-approval tests. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 336 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 338 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the concerned Member State market, or the number of non-compliant systems, components or separate technical unit made available on the concerned Member State market.
Amendment 339 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval; or surveillance testing
Amendment 340 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
(ca) use of illegal defeat devices
Amendment 343 #
2016/0014(COD)
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Amendment 346 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraphs 1a and 1db(new)
Article 5 – paragraph 2 – subparagraphs 1a and 1db(new)
(3a) in Article 5, the following subparagraphs are added to paragraph 2: 'Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type-approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.'.
Amendment 352 #
2016/0014(COD)
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. This Regulation shall not invalidate any whole-vehicle type-approval or EU type-approval granted to vehicles or to systems, components or separate technical units before [PO: please insert the date of application as mentioned in Article 98]1 January 2018.
Amendment 353 #
2016/0014(COD)
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. The validity of whole-vehicle type- approvals referred to in paragraph 1 shall terminate at the latest on [PO: please insert the date, which should be the date of application as mentioned in Article 98 + 5 years]1 January 2023 and approval authorities may only renew those whole-vehicle type-approvals in accordance with the provisions of Article 33 of this Regulation.
Amendment 354 #
2016/0014(COD)
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. By 31 December 20xx [PO: please insert the year, which should be the year of application as mentioned in Article 98 + 5 years]23, Member States shall inform the Commission of the application of the type- approval and market surveillance procedures laid down in this Regulation.
Amendment 355 #
2016/0014(COD)
Proposal for a regulation
Article 98 – paragraph 2
Article 98 – paragraph 2
It shall apply from 1 January 201X8.
Amendment 431 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 432 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 434 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 4 #
2015/2352(INI)
Draft opinion
Recital B
Recital B
B. whereas indigenous sources of oil and gas contribute significantly to Europe's current energy needs and, to the economy of certain Member States, to employing highly skilled labour force from all over the EU, and are important centres for R&D while are crucial at present for our energy security and energy diversity;
Amendment 12 #
2015/2352(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas although North Sea oil and gas production has been in decline over the past years, the number of offshore facilities is likely to rise in Europe in the future, especially in the Mediterranean and the Black Sea;
Amendment 14 #
2015/2352(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the Offshore Safety Directive 2013/30/EU (OSD) as a first step for the protection of the environment; however, regrets that according to the Commission, we should first gain experience with the OSD's effectiveness, and just then make further steps for improving the safety and liability of offshore oil and gas operations; instead it should aim to ensure that all possible safeguards are built into our EU and national legislations as soon as possible in order to effectively prevent any future accidents from happening;
Amendment 14 #
2015/2352(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas specific sectors, which heavily rely on the good conditions of the shared marine environment for doing business, such as the fishing and tourism industries and other sectors of the blue economy that often include SMEs, could eventually suffer significant economic loss in the event of major offshore accident;
Amendment 17 #
2015/2352(INI)
Draft opinion
Recital C
Recital C
C. whereas there is already an extensive body of international law and international conventions which govern the seas, including European waters and protocols dealing with pollution from offshore exploration and exploitation;
Amendment 21 #
2015/2352(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underscores the fact that the Member States already have the world's best-performing offshore safety regimes and that overregulation in this area would seriously harm the competitiveness of their industrieit is not the aim to put extra burden on these industries but to help ensure that offshore activities only take place if their benefits outweigh their risks; points out that holding offshore operators accountable for all damages and loss caused by these accidents facilitates access to justice for victims (both legal and natural persons) and can provide incentive for enforced adequate precautions, develop safer ways of operating and properly manage risk of operations;
Amendment 31 #
2015/2352(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that, as regards 'liability for offshore accidents and their consequences, the Offshore Safety Directive (OSD) channels it unequivocally to offshore licensees, i.e. the individual or joint holders of authorizations for oil/gas prospection, exploration, and/or production operations issued in accordance with Directive 94/22/EC1 . It also makes the licensees strictly liable for any environmental damage resulting from their operations'; notes, however, that the OSD does not establish a comprehensive EU framework for liability; _________________ 1 OJ L 164, 30.6.1994, p. 3.
Amendment 32 #
2015/2352(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that in order to improve the protection of the environment and compliance with offshore safety legislation bringing certain conduct leading to serious offshore accidents under the criminal scope would add a separate layer of deterrence beyond civil and environmental liability;
Amendment 35 #
2015/2352(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the fact that the EU Environmental Crime Directive 2008/99/EC introduced harmonised criminal penalties for certain infringements of EU environmental legislation, but regrets that the scope of this directive is not covering all the activities of the Offshore Safety Directive; regrets also that the definition of offences of criminal nature and the minimum type and level of sanctions related to offshore safety breaches are not harmonised in the EU;
Amendment 37 #
2015/2352(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that whilst EU law harmonises liability for environmental damage, liability for different kinds of economic loss varies significantly in Member States, mainly when it comes to how the economic loss can be directly related to an accident; therefore, stresses the urgent need to put in place the most comprehensive legislation to deal with civil liability for offshore pollution, including pure economic loss;
Amendment 40 #
2015/2352(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that there is a 'broad variety of financial security products available to hedge oil and gas companies’ operating risk. These range from self-insurance options, to third-party insurance, to mutual schemes such as the Offshore Pollution Liability Association Ltd (OPOL), to alternative risk transfer mechanisms and others'; regrets, however, the proven lack of uptake of financial security instruments by companies operating in Europe in order to cover the damages from the most costly offshore accidents; and emphasises the need for more harmonised minimum rules on financial security instruments and coverage;
Amendment 43 #
2015/2352(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. CRegrets that the definition of offences of criminal nature related to this particular sector and the minimum type and level of sanctions related to offshore safety breaches are not harmonised in the EU; calls on the Commission to consider adding the offences under the OSD to the scope of the Environmental Crime Directive 2008/99/EC;
Amendment 49 #
2015/2352(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Deplores the fact that the scope of liability for damages differs among the Member States; believes that in order to improve the protection of the environment and compliance with offshore safety legislation bringing certain conduct leading to serious offshore accidents under the criminal scope would add a separate layer of deterrence beyond civil and environmental liability;
Amendment 50 #
2015/2352(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Concludes that there is no need to give consideration to further legislation until the CommissiRegrets that according to the Commission, we should first gain experience with the OSD's effectiveness, and just then make further steps for improving the safety and liability of offshore oil and gas operations; instead it should aim to ensure that all possible safeguards are built into our EU and national legislations as soon has published its report on implementation of the OSD. ossible in order to effectively prevent any future accidents from happening;.
Amendment 56 #
2015/2352(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Is of the opinion that strict liability rules for offshore accidents facilitate access to justice for citizevictims (both legal and natural persons); points out that holding offshore operators accountable for all damages and loss caused by these accidents can provide an incentive for enforced adequate precautions, develop safer ways of operating and properly manage risk of operations;
Amendment 66 #
2015/2352(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Regrets the lack of uptake of financial security instruments in Europe to cover the damages caused by the most costly offshore accidents;
Amendment 79 #
2015/2352(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider the establishment of a legislative compensation mechanism for offshore accidents, along the lines of the one provided for in the Petroleum Activities Act in Norway, at least for sectors that may be severely affected like fisheries and coastal tourism and other sectors of the blue economy.
Amendment 4 #
2015/2340(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that any commercial exploitation of organs that denies equitable access to transplantation is unethical, inconsistent with the most basic human values and is prohibited under Article 3(2) of the EU Charter on Fundamental Rights;
Amendment 8 #
2015/2340(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Is concerned that current international human rights standards are of limited applicability to situations of climate-induced displacement and that they fail to explicitly address this issue directly; recalls that persons rendered stateless by extreme climate change constitute one of the clearest examples of a legal and policy void across international frameworks;
Amendment 10 #
2015/2340(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that according to a report by Global Financial Integrity, human organ trade is one of the world’s top ten illegal money-making activities, generating profits between $600 million and $1.2 billion per year spanning over numerous countries; Stresses further that according to the United Nations people of all ages could be targets but migrants, homeless people and those who cannot read are particularly vulnerable;
Amendment 11 #
2015/2340(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that the Council of Europe Convention against Trafficking in Human Organs provides an internationally agreed definition of trafficking in human organs, and identifies the activities that the ratifying states must criminalise in their national laws, thus complementing the existing international legal framework against trafficking in human beings;
Amendment 12 #
2015/2340(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Is concerned that the scale of global migration is expected to rise as a result of accelerated climate change; believes that proactive measures should be taken and particular attention should be given to trafficking of human beings in crisis environments, such as natural disasters and also to climate migrants;
Amendment 24 #
2015/2340(INI)
3a. Highlights the fact that persons who, for reasons of sudden or progressive climate-related change that adversely affects their lives or living conditions, are obliged to leave their habitual homes, have a high risk of falling victims of human trafficking; emphasises that this type of human mobility related to climate change has a strong economic dimension including the loss of livelihoods and reductions in household income, so there is a direct threat that they will be vulnerable to become victims of forced labour or slavery;
Amendment 25 #
2015/2340(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission and the Member States to pay special attention to the identification of refugees and migrants -also climate migrants- as victims of violations, trafficking and smuggling; urges the EU to push forward for an international, legally recognizable definition of ‘climate refugees’;
Amendment 28 #
2015/2340(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Condemns the illicit business of human trafficking, human trafficking for removal of organs and any other exploitative business related to violating the right to bodily integrity and inflicting violence; however, notes that the gap between global demand and supply of illicit organs is so vast that it is providing a market for illicit donors who, in most cases, as citizens of the world’s most impoverished communities, are motivated by their own desperation; stresses that this situation is providing ample space for criminal exploitation;
Amendment 34 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that economic stagnation, loopholes in legislation and deficiencies in law enforcement in developing countries combined with increasing globalization and improved communications technology create the perfect space for the criminal enterprise of illicit organ trafficking; points out that the lack of economic opportunity forces people to consider options they might otherwise find dangerous or reprehensible, while inadequate law enforcement enables traffickers to operate with little fear of being prosecuted;
Amendment 42 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 47 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to take measures to prevent ‘transplant tourism’ by drawing up guidelines to protect the poorest and most vulnerable donors from being victims of organ trafficking, and to adopt measures that increase availability of legally procured organs and exchange of waiting list registrations between existing organ exchange organisations to avoid multiple listing;
Amendment 48 #
2015/2340(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
Amendment 49 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that Member States should intensify their cooperation under the auspices of Interpol and Europol in order to more effectively address the issue of organ trafficking; urges Member States to amend, where necessary, their criminal codes to ensure that those responsible for organ trafficking are adequately prosecuted, including sanctions for medical staff involved in transplantations of organs obtained from trafficking, while making every effort to discourage potential recipients from seeking trafficked organs;
Amendment 71 #
2015/2340(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Encourages the presumed consent programmes to be put in place in various countries or schemes whereby citizens are given the option of directly joining an organ-donor register when completing certain administrative procedures, decreasing the reliance of patients on the black market, while at the same time increasing the amount of available organs in order to cut the financial cost of a transplant and to decrease the urge for medical tourism;
Amendment 81 #
2015/2340(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 5 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for compliance with data protection legislationall legislation pertaining to fundamental rights of all initiatives developed under the Digital Single Market Strategy; underlines the fact that respect for fundamental rights andsuch as data protection and privacy are key elements in building citizens’' trust and security, which are necessary for a balanced approach allowing the development of the economy and should thus be considered as creating opportunities and a competitive advantage;
Amendment 22 #
2015/2147(INI)
Draft opinion
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(a) provide clear guidelines with regards to which online content is illegal, including a definition of hate speech;
Amendment 26 #
2015/2147(INI)
Draft opinion
Paragraph 2 – point d (new)
Paragraph 2 – point d (new)
(d) collaborate with relevant stakeholders, including NGOs, private sector, the civil society, in promoting education and awareness-raising campaigns;
Amendment 50 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that cybersecurity measures that involve the handling of personal data, need to respect the protection of EU civil liberties and fundamental rights, ensuring the utmost respect for privacy and data protection;
Amendment 56 #
2015/2147(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the growth of a European digital society could lead to more European research and innovation, greater investment in job creation, and more creativity and entrepreneurship across the EU;
Amendment 73 #
2015/2147(INI)
Draft opinion
Paragraph 4 – point d (new)
Paragraph 4 – point d (new)
(d) calls for the adoption of privacy by default and by design;
Amendment 86 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that any processing of personal data through solutions based on interoperability, i.e. operated by the ISA² programme, must comply with the requirements of EU data protection laws; calls for common standards to be developed for the data-driven economy, which should include security, respect for privacy and data protection;
Amendment 88 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for a collaboration on global standards for the data-driven economy which would include data protection safeguards as well as security and respect for privacy;
Amendment 100 #
2015/2147(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Reminds that under the Horizon 2020 programme, the EU is supporting research into innovation in applying ICTs to public sector services and that one of the initial research calls is 'Secure societies – Protecting freedom and security of Europe and its citizens' (SC7), that will look at managing personal data and preserving privacy in an open government context; highlights the importance of communicating the result of this research and the implications to e- government systems;
Amendment 275 #
2015/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that digital skills go hand in hand with a successful and competitive Digital Single Market, and calls on the Commission to dedicate investment to skills and education both in schools and through lifelong learning; as we need to ensure older and vulnerable workers are not left behind in the digital shift, as well as ensuring that our children are equipped with the future skills they will need in a digital workforce;
Amendment 332 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission, in cooperation with European industry, to show ambition and commitment towards Europe's future technology development and to establish a clear target for 5G deployment in Europe;
Amendment 354 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, the Member States and the stakeholders to fully utilize the means at hand to promote innovations, to facilitate the growth of European industrial internet and facilitate industries' transformation to digital era; Underlines that trust, data protection and cybersecurity are essential elements of digital economy and society; Recognizes that the employment and social welfare policies need to be updated for the digital era;
Amendment 362 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to secure that proposed regulatory actions minimise the barriers of entry for SMEs operating in the digital markets, leave enough room for innovation in the targeted sectors and respect the principles of technological, business model and content neutrality;
Amendment 517 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and, high-quality and non- discriminatory delivery services are an essential prerequisite for thriving cross- border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations;
Amendment 609 #
2015/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports in particular the Commission’s planned scrutiny of the practical enforcement of Article 20(2) of the Services Directive in order to analyse possible patterns of discrimination against consumers and entrepreneurs based on their country of residence; calls on the Commission to identify and define concise case groups of justified discrimination under Article 20(2) of the Services Directive in order to outlaw unjustified discriminatory behaviour by private entities and in order to provide interpretative assistance to authorities responsible for applying Article 20(2) in practice; calls on the Commission to make concerted efforts to add the provision of Article 20(2) to the Annex of Regulation (EC) No 2006/2004 in order to utilise the Consumer Protection Cooperation Network’s investigation and enforcement powers;
Amendment 612 #
2015/2147(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Encourages the Commission to ensure that entrepreneurs from all Member States are provided with the possibility to sell their products on Europe's online marketplaces; practices that forbid entrepreneurs to be able to register and sell on specific online marketplaces should not be allowed; therefore, calls on the Commission to investigate such practices and to make use of all means at its disposal to address such a situation;
Amendment 919 #
2015/2147(INI)
Motion for a resolution
Subheading 3.4
Subheading 3.4
3.4. Reinforcing trust and security in digital industries and services and in the handling of personal data
Amendment 14 #
2015/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the use of the terminology “Child Pornography" is highly detrimental to victims who insist that their abuse must be referred to by name and be rightly labelled as “Child Sexual Abuse Material”;
Amendment 17 #
2015/2129(INI)
Motion for a resolution
Recital C
Recital C
C. whereas child sexual abuse and exploitation online is an evolving phenomenon and new forms of crime, such as "revenge pornography" and sex- extortion, have come into being on the Internet and need to be addressed with concrete measures by the Member States;
Amendment 19 #
2015/2129(INI)
Motion for a resolution
Recital D
Recital D
D. whereas law enforcement authorities face new challenges posed by peer- to-peer and DarknetPrivate networks exchanging child sexual abuse material; whereas there is a need to raise awareness at an early stage among girls and boys about the risks and the importance of respecting the dignity and privacy of others in the digital era;
Amendment 24 #
2015/2129(INI)
Motion for a resolution
Recital E
Recital E
E. whereas migrant children - especially girls - are particularly exposed to child sexual abuse and sexual exploitation at the hands of traffickers and smugglers along the way and once they reach Europe;
Amendment 27 #
2015/2129(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, to be compliant with the Charter of Fundamental Rights of the European Union, measures taken under recital 42 of Directive 2011/93/EU must respect the safeguards listed in Article 25 of the Directive;
Amendment 36 #
2015/2129(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
–1 Strongly condemns the European Commission and Member States’ insistence on referring to Child Sexual Abuse Material as "Child Pornography". Stresses that such terminology is highly detrimental to victims and adds to the abuse that they already face. Calls on all entities to eradicate the use of such terminology with immediate effect and respect the pleas of victims and social workers in this regard.
Amendment 45 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with regret that the European Commission’s implementation report fails to indicate how quickly or slowly the hotlines contact hosting providers after informing law enforcement authorities. Further notes that the Commission's report fails to indicate what procedures are currently in place for hotlines to contact hosting providers directly after contacting law enforcement authorities, where the latter are unwilling or unable to respond;
Amendment 50 #
2015/2129(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Regrets that the Commission's implementation report seeks to address a number of issues with regard to the implementation of the Directive. Notably, in its report on the implementation of Article 25 of the Directive, the Commission lacks to address key issues which could assist the Parliament in monitoring the current situation within Member States. Such issues include, but are not limited to, the fact that no statistics are provided regarding the speed of removal of illegal content beyond 72 hours, no reporting on the frequency with which reports are followed up by law enforcement authorities is highlighted, no reporting on delays in takedowns due to the need to avoid interference with ongoing investigations is made and no information regarding whether such stored data is ever used by judicial and law enforcement authorities is given.
Amendment 60 #
2015/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers, in particular, that the Member States should do more to combat the impunity of perpetrators who are close to child victims and are in a position of trust, authority or influence over the child; considers it to be of the utmost importance that the Member States ensure the liability of both natural and legal persons, where the lack of monitoring or supervision of a person who is a member of that legal entity, has permitted or facilitated the commission of crimes;
Amendment 66 #
2015/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls people; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on all relevant bodies, governments, law enforcement agencies, the judiciary, hotlines, NGOs and the internet industry to take its share of responsibility for tackling these crimes;
Amendment 70 #
2015/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that no statistics are provided with regard to the use of criminal law procedures to seize equipment in relevant cases.
Amendment 81 #
2015/2129(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the main challenges faced by the law enforcement and judicial authoritiesEuropean Commission and national authorities should greatly increase the resources being put into the investigation and prosecution of child sexual abuse offences online stem from the dependence, in particular to identify barriers to the collection and availability onf electronic evidence and the development of digital investigative techniques, which are made less effective by new technologies such as encryption, and also by the discrepancies in data retention rules between the Member States; urges authorities to recognise that over reliance on hotlines and industry can be counterproductive only outsources the fight against child sexual abuse material;
Amendment 91 #
2015/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children and for the interoperability of data bases;
Amendment 96 #
2015/2129(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to put in place effective preventive and intervention programmes, including regular training programmes, for all officials, educators and stakeholders, who are in contact with children to better assess the risk of committing crimes and to intervene in those communities where the likelihood of committing the crimes listed in the Directive is higher;.
Amendment 101 #
2015/2129(INI)
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls;
Amendment 104 #
2015/2129(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to incorporate into their legislation mandatory criminal background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, travel agents and legal entities/persons, and to systematically exchange information on individuals posing a risk towhere they have direct access to or authority over children;
Amendment 119 #
2015/2129(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barnahus in Sweden; calls on the Member States to focus on ensuring the provision of legal aid, psychological support and assistance and to avoid the secondary victimisation of children;
Amendment 120 #
2015/2129(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Regrets that the Commission has failed to collect data on the types of blocking that have been used by the various Member States; further regrets that data has not been published on the number of websites on blocking lists in each country; regrets with concern that there is no assessment of the use of security methods, such as encryption, to ensure that blocking lists do not leak and become seriously counterproductive;
Amendment 121 #
2015/2129(INI)
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Notes that Directive 2011/92/EU does not require mandatory blocking; recognises that blocking is not a perfect technology; recommends removal of child abuse, child exploitation and child sexual abuse material at source in the context of efficient judicial and law enforcement actions;
Amendment 122 #
2015/2129(INI)
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Regrets with concern that the Commission mentions that some Member States do not have functional “notice and take-down” procedures, sixteen years after the entry into force of Directive 2001/31/EC (E- Commerce directive), but does not indicate that any action will be taken to require those Member States to comply with EU law;
Amendment 123 #
2015/2129(INI)
Motion for a resolution
Subheading 6 d (new)
Subheading 6 d (new)
Calls on the Commission to make further efforts to gather the information necessary to ascertain what the procedure is in Member States where no functional notice, take down procedure, not criminal measures are in place and to open up infringement procedures against Member States should they be found not to comply with the obligations laid down in Directive2001/31/EC on this matter.
Amendment 126 #
2015/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing cChild pornographySexual Abuse material hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory; calls on the Member States to fully implement Article 25, including blocking child sexual abuse material where possible, and withthe European Commission has not assessed the security of blocking lists, the technologies used for blocking in those countries that have implemented the measures, the implementation of security measures, such as encryption, for the storage and communication of blocking lists or meaningful analysis of the effectiveness of this measure; calls on the Member States to fully implement Article 25, and regrets that the Commission has not provided any analysis on whether not the relevant safeguards in place;
Amendment 140 #
2015/2129(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that blacklists of websites containing child pornographysexual abuse material be updated regularly by the relevant authorities and communicated to internet service providers to avoid, for instance, over-blocking and to ensure proportionality; recommends the sharing of such blacklists of websites among the Member States, with Europol and its European Cybercrime Centre, and with Interpol; considers, in this regard, that newly developed hashing technology, such as PhotoDNA, should be applied should be done using maximum security measures, such as encryption of the data both in transit and at rest, to avoid, for instance, the leaking of the list; considers, in this regard, that newly developed detection technology, could be applied but that that any technology implemented should be rigorously tested to eliminate, or at least minimise the possibility of hacking, abuse or counterproductive effects and that any such technology should only be used in circumstances where rigorous recordkeeping is used to ensure transparency and facilitate investigation and prosecution of offences by state authorities;
Amendment 144 #
2015/2129(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Encourages the INHOPE Network to work with its Members to create a secure anonymous reporting mechanism on Deep Web networks, such as the Dark Net networks found on the TOR network, which provides for the same high standard anonymity as those provided for by Press Organizations for whistle- blowers in order to provide the possibility for those using such networks to come forward with information or reports about child sexual abuse material;
Amendment 151 #
2015/2129(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that they should be allowed to search for child sexual abuse material online proactivelyin particular that of the INHOPE Network; urges the Commission, in cooperation with INHOPE to identify and implement best practices, particularly with regard to statistical reporting and efficient interaction with law enforcement; urges the Member States which have not yet done so to set up such hotlines and takes the view no employee working for such hotlines should face criminal charges brought against them through the specific exercise of their work;
Amendment 14 #
2015/2113(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to build upon ambitious 2030 energy and climate targets, introduce new legislation and revise already existing legislative instruments in a sufficiently ambitious manner so as to promote new investments in the energy sector, support new technologies, create quality jobs and build a prosperous sustainable economy;
Amendment 37 #
2015/2113(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to achieve a comprehensive and, ambitious and legally binding agreement at the UNFCCC COP 21 meeting in Paris that contains sound guarantees for limiting the temperature increase to 2°C Celsius at a maximum, together with a global, robust and common transparency and accountability system that includes monitoring, reporting obligations, accounting rules and an effective and efficient compliance system; believes that the post-2020 international climate regime should include provisions to enable greater ambition, support cost- effective mitigation efforts, and provide opportunities for safeguarding environmental integrity and sustainable development;
Amendment 81 #
2015/2113(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that it is necessary to fundamentally rethink energy efficiency and treat it as an energy source in its own right, representing the value of energy saved; calls on the Commission to pay special attention to sectors with huge energy efficiency potential, in particular the transport and buildings sectors; urges for deeper energy efficiency measures for the existing building stock and targeted financial incentives;
Amendment 84 #
2015/2113(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines the importance of fully implementing the Energy Efficiency Directive and the Energy Performance of Buildings Directive and allocating increased EU funding to these areas; emphasises that as part of the revision, measures should focus on social housing and on the most inefficient properties occupied by low-income households;
Amendment 86 #
2015/2113(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Urges the Commission to develop an initiative on the EU’s global technology and innovation leadership on renewable and low-carbon energy technologies, including wave energy, floating solar technologies and biofuels produced from algae, and to boost public and private R&D&I in these fields;
Amendment 120 #
2015/2113(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. CRecalls that the transport sector remains one of the most challenging areas for improving energy efficiency; calls on the Commission to urgently step up the EU’s efforts to pursue theits decarbonisation of the transportand to tap energy savings in this sector; reiterates that the use of LNG, as an alternative fuel should be encouraged for heavy load vehicles and in the maritime sector,;
Amendment 151 #
2015/2113(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that despite progress made in recent years, Europe’s energy systems is still underperforming, the current market design does not lead to sufficient investments, and the European energy landscape is still too fragmented; underlines that the precondition for a functioning EU internal market is a well- connected network which ends Member States’ energy isolation, and urges the Commission to support the completion of all major interconnectivity projects;
Amendment 507 #
2015/2113(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasises the need to strengthen the Euro-Mediterranean cooperation on gas, electricity, energy efficiency and renewables; asks the Commission to speed-up the setting up of the Euro-Med Gas Platform;
Amendment 628 #
2015/2113(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission to implement key infrastructure projects in order to ensure better integration with the EU energy market and security of supply mechanism;
Amendment 631 #
2015/2113(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Stresses that the precondition for a functioning EU internal market is a well- connected network which ends Member States' energy isolation, and urges the Commission to support the completion of major interconnectivity projects;
Amendment 695 #
2015/2113(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that in order to successfully balance the internal market, investment is needed not only in interconnectors but also in, inter alia, storage capacity, such as LNG terminals with transport infrastructure linking LNG access points with the internal market and smart grids, in order to cope with enhanced renewable and distributed generation;
Amendment 715 #
2015/2113(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the need to create a legislative framework that empowers consumers and makes them active participants in the market as investors and stakeholders; notes that consumers' involvement can be strengthened through, inter alia, energy cooperatives and micro-generation and enhanced transparency of prices and consumer choices; points out that such initiatives could contribute to reducing energy prices and help address serious social problems, such as fuel poverty; in this regard, ask the Commission to ensure that Member States fully implement the Third Energy Package and come up with a definition of vulnerable consumers; ask the Commission to gather impact assessments and collection of best practices of measures taken at national level to fight energy poverty and make sure that those best practices are centralised and promoted by a dedicated European body;
Amendment 898 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on the Commission to ensure the implementation of the Market Stability Reserve and the reform of the ETS with an adequate carbon price so as to promote investments in clean technology, whilst taking into account the risks of an adverse impact on industrial competitiveness;
Amendment 1035 #
2015/2113(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Emphasises that energy must be made affordable to all citizens of the EU; considers that avoiding unnecessary consumption by undertaking efficiency improvements, stronger interconnections, higher market integration and sustainable energy investment, particularly in buildings, would enable many households to access on equal conditions a single, sustainable, competitive and secure energy market and escape energy poverty, which in 2012 affected one in four EU citizens; invites the Commission to present a communication on energy poverty in Europe, accompanied by an action plan to fight against it, which contains a definition and indicators of energy poverty;
Amendment 1046 #
2015/2113(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Urges the Commission to speed up the energy efficiency and the decarbonisation of the transport sector, in order to create the right market conditions for an increasing deployment of alternative fuels and to further promote the procurement of clean vehicles;
Amendment 1084 #
2015/2113(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the EU must collectively step up its efforts as regards efficient, low- emission technologies in order to meet its 2030 objectives and improve its energy security and facilitate economic recovery; urges the Commission to stimulate further research and innovation for the better utilisation of wave energy, photovoltaic panels adapted for operation out at sea and biofuels produced from algae;
Amendment 1100 #
2015/2113(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Calls on the Member States and the Commission to seek for better interaction and coordination of national and European research programmes, especially in the fields of energy, transport, ICT and construction, in order to ensure that priority is given to common challenges such as increasing energy efficiency by not focusing only on the heating sector but also cooling, promoting small-scale renewable energies, reducing greenhouse gas emissions as well as increasing energy security and developing new renewable energy sources, and to maximize the market uptake of new technologies;
Amendment 8 #
2015/2112(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the EU's leadership on climate change mitigation and adaption, including the creation of skills, jobs and growth that it brings; notes the crucial need for a global binding agreement to be concluded in Paris and stresses that continued EU leadership requiresthat ensures a reduction in emissions to remain within the Intergovernmental Panel on Climate Change's (IPCC) 2°C Scenario; stresses that the EU should press for the full commitment of all parties to this agreement; insists on a regular, transparent performance reviewaluations based on the most up- to-date scientific data and technologyies, including an adjustment mechanism to assess, and where necessary adjust, INDCs;
Amendment 26 #
2015/2112(INI)
Da. whereas climate change can enhance competition for resources, such as food, water, grazing lands, and can become the biggest driver of population displacements, both inside and across national borders within the not too distant future;
Amendment 31 #
2015/2112(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas if we miss the aims of the two most important goals, mitigation by reducing greenhouse gases and adaptation to climate change, we will have to prepare for the appropriate humanitarian response;
Amendment 33 #
2015/2112(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that delays in taking action will increase the cost of climate change mitigation and adaptation, and will narrow the range of technology options available; considers that early action will have a positive impact on the long-term competitiveness of European industries and energy producers;
Amendment 35 #
2015/2112(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Insists that any agreement should contain, as a key component, the concept of a 'Just Transition' to a low carbon future, which includes decent quality job creation, enhanced social dialogue and policies to support the workforce in energy and related industrial sectors;
Amendment 40 #
2015/2112(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the number of regions and countries that are putting a price on carbon pollution is vastly increasing; encourages the Commission, in order to maintain a level playing field for EU industry and the energy sector, to promote links between the EU ETS and other emission trading systems, with the aim of creating a future world emissions trading market to significantly reduce global emissions and increase industrial competitiveness; highlights that the main benefit of linking carbon markets is cost- efficiency as a result of increasing the pool of emissions reductions available, which could allow countries to not only to create a level-playing field but also increase their climate ambition;
Amendment 67 #
2015/2112(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the serious negative consequences of non-action; stresses that a concerted global political and financial push for clean energy innovation and R&D in new renewable technologies is crucial to meeting our climate goals and to facilitate growth in EU green-economy sectors; highlights the need to preserve existing copyright and intellectual property rights in technology and knowledge transfer to third countries;
Amendment 100 #
2015/2112(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for actions to better understand and mitigate the impact of climate change and pressure from human activities on the marine environment and coastal areas and to significantly reduce these damages; stresses that the development and full exploitation of the potential of the blue economy can support climate mitigation and adaptation goals;
Amendment 105 #
2015/2112(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that transport is the second biggest GHG emitting sector after energy; insists on the need to put a range of policies in place aiming to lower emissions from this sector and the need for more ambitious EU initiatives for developing and deploying alternative fuels infrastructure, for further incentivising the production and use of advanced biofuels and for speeding up the electrification of transport;
Amendment 145 #
2015/2112(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that transport is the second biggest GHG emitting sector, insists on the need to put a range of policies in place aiming to lower emissions from this sector; reiterates the need for the ICAO and the IMO to act to effectively regulate emissions from international aviation and shipping respectively before the end of 2016, in line with adequacy and urgency required;
Amendment 149 #
2015/2112(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that the number of regions and countries that are putting a price on carbon pollution is vastly increasing; encourages the Commission to promote links between the EU ETS and other emission trading systems with the aim of creating a future world emissions trading market; highlights that the main benefit of linking carbon markets is cost- efficiency as a result of increasing the pool of emissions reductions available, which would allow countries not only to create a level-playing field but also to increase their climate ambition;
Amendment 196 #
2015/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that adaptation action is an inevitable necessity and needs to play a central role in the new agreement; stresses the need to ensure that all the efforts of all Parties for limiting and adapting to adverse climate change impacts and for enabling climate resilient sustainable development are acknowledged;
Amendment 198 #
2015/2112(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recognises that adaptation to the adverse impacts of climate change is necessary for all countries to minimise negative effects and to make full use of the opportunities for climate resilient growth and sustainable development, particularly in countries that are highly vulnerable to these impacts, and especially to ensure that food production and economic development can proceed in a climate resilient manner;
Amendment 45 #
2015/2108(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises the 10 % target – to be achieved by 2020 – as a valuable target and a step in the right direction; considers, however, that it does not always reflect the market situation and has not been established on the basis of scientific evidence; recalls that the 10 % target was first set in 2002 on the basis of the installed electricity generation capacity that existed at that time; acknowledges that, although the 10 % target is important, it describes neither the quantity of electricity flowing between countries nor the quality, such as the availability of the existing interconnection infrastructure or of the existing national infrastructure between the interconnectors; believes, therefore, that a one-size-fits-all interconnection target based on installed electricity generation capacity is not on its own appropriate forrecalls that the 10 % target was first set in 2002 and has not yet been met by all Member States;
Amendment 73 #
2015/2108(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the role of the Commission as guardian of a decentralised and accessible electricity system, in which Member States shall grant access to smaller suppliers to the grid in accordance with fair marketthe third energy package rules;
Amendment 86 #
2015/2108(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the lack of a transparent decision-making process leading to the establishment of the projects of common interest (PCI) list; regrets further the predominant role of ENTSO-E, transmission system operators (TSOs) and project promoters in the development of a harmonised cost-benefit analysis methodology, in preparing the ten-year network development plans and the network codes, and in evaluating the costs and benefits of each project; recalls the need to provide complete assessments including social and environmental impacts; calls on the Commission, the Agency for the Cooperation of Energy Regulators (ACER) and national regulators to play a more proactive role in order to develop a more neutral, transparent and democratic consultative process, including the effective participation of Parliament and giving voting status to civil society representatives; calls on the Commission to assess the situations in which the use of best available technology (BAT) could be established as a precondition for granting EU funds to projects;
Amendment 128 #
2015/2108(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Supports the Commission's recommendation that the CEF be concentrated on a few key projects; considers that adequate EU financing should also be made available beyond 2020 to support the implementation of non- commercial electricitnergy connection projects necessary to ensure the functioning of the internal energy market; stresses the importance of the EIB in supporting investors in commercially viable electricity infrastructure projects; notes the establishment of the European Fund for Strategic Investments and encourages the Commission to ensure that the fund effectively attracts investments in electricity interconnection projects;
Amendment 164 #
2015/2108(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that South-Eastern Europe (SEE) is endowed with a vast – and largely untapped – potential in terms of renewables; notes that cooperation and coordination on long-term planning and building of a SEE regional grid infrastructure must go beyond the EU in order to include non-EU Western Balkan countries and Turkey; calls for the establishment of a new platformemphasises the need to strengthen the already existing platforms of Euro Mediterranean cooperation on gas, electricity, energy efficiency and renewable where all key stakeholders in the region could discuss and provide political backing to joint projects designed to fully exploit the region's renewables-based electricity potential; recognises that the EU's Central East South Europe Gas Connectivity High Level Group, established in February 2015, could become such a platform, provided its mandate is expanded to include the electricity domain and involvement of SEE's non-EU countries; acknowledges that the platform would enable the Commission to provide leadership and political support;
Amendment 170 #
Amendment 172 #
2015/2108(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that in the Mediterranean area, especially in the central Mediterranean, more interconnections are required. This does not apply only for large scale development of renewable energy sources, but also for the proper development of security of supply, increased system security and reliability and improved economic efficiency; notes that a well-connected network in the Central Mediterranean is fundamental in ensuring the improvement of North-South interconnections which will ultimately make electricity export from Mediterranean countries to EU countries, and vice-versa, possible in the future;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 45 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that monitoring, collecting and analysing information on migration flows and patterns in sea crossings between EU and African states need to be improved and coordinated by a centralised EU migration management mechanism, which would provide regular assessment reports and strengthen consistency, planning and crisis management, thus helping activate early warning systems at EU level to react promptly to future migration crises; in this regard welcomes the upcoming November Valletta Summit, in close cooperation with African partners, which will serve as a basis for the adoption of future framework agreements to tackle the root causes of migration;
Amendment 49 #
2015/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the EU and the Member States to adopt, as a matter of urgency, a comprehensive European migration and asylum policy, based on respect for human rights and dignity, international standards and the values on which the EU is built; stresses in particular the need to concretely implement Article 80 of the Treaty and Functioning of the European Union (TFEU) which may serve to aid Member States in their obligations towards the principle of ‘non- refoulement’. Stresses that any EU policy on migration must be completely in line with the 1951 Geneva Convention and additional protocol;
Amendment 59 #
2015/2095(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers the important preventive measures contained in the Commission’s agenda for fighting smuggling networks and tackling the root causes of migration to be long-term objectives, but recalls that, meanwhile, flows of people will continue and that a permanent relocation mechanism for people in need of international protection based on fair objective criteria is needed as a matter of urgency; welcomes the upcoming legislative proposal on a permanent emergency relocation scheme based on Article 78(2) of the TFEU and urges the Commission to consider the relevant provisions already established in Recital 20 of the Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof;
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] 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 __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 77 #
2015/2095(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to ensure a meaningful revision of the Dublin Regulation in order to alleviate sudden and disproportionate migration pressure on Member States such as Italy and Malta,, Malta, Bulgaria, Greece and other Member States at the peripheral of Europe’s borders which are more directly exposed to migrant flows, without undermining the security of the Union’s external borders;
Amendment 90 #
2015/2095(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the EU to further strengthen their already established framework agreements such as the European Neighbourhood policy, the Khartoum Process and the Rabat Process amongst others. Stresses the need to give due importance to the protracted Refugee situations which if left unmanaged can result in continuous and increased flows of irregular and life-threatening crossings through the Mediterranean;
Amendment 136 #
2015/2095(INI)
Motion for a resolution
Recital L
Recital L
L. whereas 86 % of the world’'s refugee population is hosted by non-industrialised countries with at least 9.9 million1a estimated to be living in protracted refugee situations, as defined by the UNHCR; and whereas criminal networks and smugglers exploit the desperation of people trying to enter the EU while fleeing persecution or war; __________________ 1aMigration Policy Centre, 2015. "Protracted Refugee Populations of the World at the Start of 2014" (Map)
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 167 #
2015/2095(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas further efforts are needed to ensure fundamental rights safeguards in the case of returns and readmissions, as they are imperative to the effectiveness of such agreements;
Amendment 289 #
2015/2095(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people;, while also noting that technological advances used by human traffickers to exploit people and advertise illegal journeys to the EU require strong counter measures to address this growing phenomenon.
Amendment 355 #
2015/2095(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the relocation of persons benefitting from international protection must be mandatory and permanent, as voluntary schemes have proven to be ineffective and very little results were achieved; further stresses that any such mechanism must take into consideration both the needs and capacities of Member States and the preferences of those who have been granted asylum status;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 551 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses further that the premise for Dublin is outdated and based on a very different geo-political environment than the one faced today; Calls for an overhaul of the archaic Dublin System into a system which deals with the registration of asylum seekers separately from asylum claims, under the provisions granted by the Common European Asylum System; Highlights that the "irregular entry" criterion should no longer be taken into account to determine which Member State shall be responsible for the examination of an asylum claim, but that the responsibility for the examination of an asylum claim should be made through a centralised system in a way that ensures no Member State's reception capacities are disproportionately affected; calls for the allocation of technical and financial resources and support to Member States of first arrival in order to ensure the swift and effective registration of asylum seekers in full respect of fundamental human rights of refugees;
Amendment 624 #
2015/2095(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out that, in the event of a mass influx, the Commission, acting on its own initiative or after examination of a request by a Member State, can propose to trigger Council Directive 2001/55/EC on Temporary Protection (the ‘Temporary Protection Directive’)11 ; observes that the actual triggering requires a Council decision adopted by a qualified majority; notes that the directive should be triggered where there is a risk that the Union asylum system would be unable to cope with the mass influx or imminent mass influx of displaced persons; highlights, however, that, since its adoption in 2001, and regardless of Member States requests to the Commission to activate such a directive, the Temporary Protection Directive has never been triggered; __________________ 11 Directive 2001/55/EC of 20 July 2001 sets minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 977 #
2015/2095(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of trafficking and criminal smuggling or a third party acting on their behalf, to come forward and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1090 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
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 and persecution such as that based on gender, race, religion, political affiliation or as part of a particular social group such as being part of the LGBTIQ community, means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; pPoints 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;
Amendment 1130 #
2015/2095(INI)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Supports the idea of a United Nations backed tribunal to target corruption in the African Region, to ensure that the money being invested within the region trickles down to projects that will make a real, tangible difference, such as educational projects or the building of hospitals among others;
Amendment 1218 #
2015/2095(INI)
Motion for a resolution
Paragraph 114 a (new)
Paragraph 114 a (new)
114a. Encourages Member States to work towards tackling the exploitation of migrants within the labour force, who more often than not find themselves having to work on the unregulated labour market, depriving them of essential labour rights such as a minimum wage or basic standards of health and safety. Also emphasises that Member States must crack down on employers exploiting migrant workers and afford migrant workers legal recourse in cases of serious abuse and labour exploitation;
Amendment 119 #
2015/0310(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Whereas the proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring high level of internal security within the Union, while safeguarding the free movement of persons therein; in line with the Treaties and their Protocols, notes that the Member States to which provisions of the Schengen acquis on lifting border controls are yet to apply can participate in and/or benefit from all the actions under the new proposal.
Amendment 153 #
2015/0310(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken byand recommend them to the Member State concerned for its action and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and wWhere the necessary measures are not taken within the set time- limit, the matter needs to be referred to the Management Board for a further decision.
Amendment 157 #
2015/0310(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment carried out by the European Border and Coast Guard Agency should be a preventive measure carried out every 6 months on the basis of a risk analysis, complimenting the Schengen evaluation and monitoring mechanism set up pursuant to Council Regulation No 1053/201311a __________________ 1aCouncil Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen
Amendment 209 #
2015/0310(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The implementation of this Regulation does not affect the division of competence between the Union and the Member States under the Treaty of the EU or the obligations of Member States under international conventions such as the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the International Convention for the Prevention of Pollution from Ships, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and other relevant maritime international instruments.
Amendment 247 #
2015/0310(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘external borders’ means the land and sea borders of the Member States and their airports and seaports, to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 38 apply, including those Member States to which provisions of the Schengen acquis on lifting internal borders are yet to apply; __________________ 38 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 274 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Border and Coast Guard Agency by decision of the Management Board shall establish an operational and technical strategy for the European integrated border management, taking into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be in line with Article 4 of this Regulation. It shall promote and ensuresupport the implementation of European integrated border management in all Member States.
Amendment 334 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The European Border and Coast Guard Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken oronly in the event of disproportionate migratory pressure, which would rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.
Amendment 345 #
2015/0310(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particularcluding the Schengen Borders Code established by Regulation (EC) No 562/2006.
Amendment 407 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.
Amendment 421 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
To be able to perform to the best of their abilities the tasks conferred on them by this Regulation, the national authorities which are responsible for border management and return, including coast guards, to the extent that they carry out border control tasks, shall provide the Agency and the Agency shall in accordance with relevant Union and national laws share in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment. and the relevant national authorities to perform the tasks conferred on them by this Regulation.
Amendment 426 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the Union. For this purpose, the Agency shall developby a decision of the Management board, establish a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 465 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall ensure regular monitoring of the management of the external borders, if necessary through liaison officers of the Agency in Member States.
Amendment 468 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive DirectorManagement Board shall, based on a risk analysis and ion consultation with the Management Board, determinea proposal of the Executive Director, decide on the nature of the deployment, the Member State to which a liaison officer may be deployed and the duration of the deployment and notify its decision to the Member State concerned. The Executive Director shall notifyconsult the Member State concerned ofn the appointment and shall determine, together with the Member State, the location of deploymentnature and duration of the deployment before making its proposal, and on the tasks which are not covered by Article 11 paragraph 3, of this Regulation.
Amendment 472 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) support the collection of information as provided for by the relevant Union legislation and as required by the Agency for carrying out the vulnerability assessment referred to in Article 12;
Amendment 476 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders; and on the execution of return operations towards relevant third countries and if such report raises concerns about any of these aspects relevant for the Member State concerned, the Member State shall be informed without delay by the Executive Director.
Amendment 480 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. For the purposes of paragraph 3, the liaison officer shall, inter alia compliance with national and EU security and data protection rules:
Amendment 484 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access toreceive information from the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 489 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 491 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informing the head of the national coordination centrea point of contact designated by the Member State concerned.
Amendment 493 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The final report of the liaison officer shall form part ofbe taken into consideration when drafting the vulnerability assessment referred to in Article 12. The report shall then be communicated to the Member State concerned
Amendment 500 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Agency shall assess the technical equipment, systems, capabilities, resources, preparedness and contingency plans of the Member States regarding border control. That assessment shall use objective criteria defined by the Management Board and shall be based on information provided by the Member State and by the liaison officer, on information derived from EurosurUROSUR, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 507 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the Agency, provide information as regards technical equipment, staff and to the extent possible financial resources available at national level to carry out border control and they shall submitprovide information on their contingency plans. on border management
Amendment 528 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall adopt a decisin consultation with the Member State concerned, make a recommendation setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of tthe time-limit within which such measures shall be implemented. The Executive Director shall be binding oninvite the Member State and shall lay down the time-limit within which the measures are to be takens concerned to take the necessary measures.
Amendment 544 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. The results of the vulnerability assessments shall be transmitted to the European Parliament and to the Council. Subject to a request by a Member State given the sensitivity of the information contained, such documents may be subject to the provisions of Annex VII of the Rules of Procedure of the European Parliament based on Article 4 of European Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 577 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions,coast guard functions and prevention of cross border crime, including the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return.
Amendment 587 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) rRegarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international and Union law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;42 __________________ 42 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).
Amendment 606 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 11
Article 16 – paragraph 11
11. Deployment of the rapid reserve pool shall take place no later than threfive working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European Border and Coast Guard Teams, shall take place where necessary, within fiseven working days of the deployment of the rapid reserve pool.
Amendment 647 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(68) or in the event of a specific and disproportionate migratory pressure at the external border, where a Member State has not requested the Agency for sufficient support by means of actions mentioned in Article 14, 16 or 17 or is not taking the necessary actions for the implementation of these measures, thus, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commissiuncil based on, after consulting the Agency, may adopt proposal by the Commission, may adopt without delay a decision by means of an implementing act, identifying the measures that should mitigate these risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)e Commission shall consult the Agency before making its proposal.
Amendment 661 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. For the purposes of paragraph 1To mitigate the risk of putting jeopardy the Schengen area, the Commdecission referred to in Article 18 Paragraph 1 shall provide for one or more of the following measures to be taken by the Agency:
Amendment 673 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In parallel and within the same two working days, the Executive Director shall submit a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall drawagree upon the operational plan within twofour working days from the date of its submission of the draft.
Amendment 677 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Agency shall, without delay and in any case within threfive working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the Commissionuncil decision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within fiseven working days from the deployment of the rapid reserve pool.
Amendment 691 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within threfive working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, andor other relevant staff which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.
Amendment 713 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Executive Director may withdraw after informing the Member State concerned, the financing of a joint operation or a, rapid border intervention or deployment of migration management support team or suspend or terminate it if the operational plan is not respected by the host Member State.
Amendment 715 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director shall after informing the Member State concerned, withdraw the financing of a joint operation or a, rapid border intervention or deployment of migration management support teams, or suspend or terminate, in whole or in part, a joint operation or, rapid border intervention or deployment of migration management support teams if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. The Executive Director shall inform the Management Board of such a decision
Amendment 773 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Management Board, on a proposal of the Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute, where possible, to the pool by nominating the forced return monitors corresponding to the defined profile.
Amendment 774 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
Amendment 780 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Management Board on a proposal of the Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile.
Amendment 781 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The contribution of Member States as regards their forced return escorts to specific return operations and interventions or the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the forced return escorts available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a Rapid Return Intervention.
Amendment 785 #
2015/0310(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Management Board on a proposal of the Executive Director shall determine the profile and the number of the forced return escorreturn specialists to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and theoverall numbers. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile.
Amendment 786 #
2015/0310(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The contribution of Member States as regards their return specialists to specific return operations and interventions for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the return specialists available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment, or five working days in case of a Rapid Return Intervention
Amendment 868 #
2015/0310(COD)
Proposal for a regulation
Article 38 – paragraph 10
Article 38 – paragraph 10
10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical equipment shall be co- financed by the Agency up to a maximum of 75100% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.
Amendment 879 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 8 – subparagraph 1
Article 39 – paragraph 8 – subparagraph 1
For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult its national and European databases the consultation ofand it may authorise them to consults its national database which isare necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 937 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d
Article 52 – paragraph 1 – point d
(d) capacity sharing, including theby planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders., to the extent that they are coordinate by the agencies and with the agreement of the Member States concerned
Amendment 942 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Commission may adopt, in the form of a recommendationshall, in close cooperation with the Member States, the Agency and the European Maritime Safety Agency and the European Fisheries Control Agency, make available, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. The Commission shall adopt the handbook in the form of a recommendation.
Amendment 962 #
2015/0310(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it. The Agency shall have the possibility of carrying out joint operactions at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Operations shall be carried out on the basis of an operational plan agreed also by the Member State bordering the operational area. The participation of Member States in joint operations on the territory of third countries, shall be on a voluntary basis. The Commission shall be informed of such activities.
Amendment 1002 #
2015/0310(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point c
Article 60 – paragraph 1 – point c
Amendment 1019 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 6
Article 61 – paragraph 6
6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions, programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board., excluding decisions on which a reinforced majority is needed in the Management Board
Amendment 32 #
2015/0306(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) NSince third-country nationals residing irregularly in the Union do not possess valid travel documents, national authorities of the Member States experience serious difficulties in returning illegally stayinglawfully and safely returning them to theird- country nationals who possess no valid travel documentsof destination.
Amendment 34 #
2015/0306(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The lack of a harmonised travel document for return across the Union results in low recognition rates for such travel documents in Union readmission agreements with third countries due to the varying formats, standards and security features of existing travel documents for return.
Amendment 38 #
2015/0306(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third- country nationals, with full respect for fundamental rights, is essential for increasing rates of return, which are as yet unsatisfactory.
Amendment 39 #
2015/0306(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The current standard travel document for the expulsioreturn of third- country nationals, established by Council Recommendation of 30 November 199410 , is not widely accepted by authorities of third countries, for various reasons including its inadequate security standards. the lack of harmonised security and technical features and the lack of safeguards against counterfeiting and falsification. _________________ 10 Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals (OJ C 274, 19.6.1996, p. 18).
Amendment 44 #
2015/0306(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A more secure harmonised European travel document for the return of third-country nationals should be established tohelp facilitate the return and readmission of illegally staying third-country nationals staying illegally in the Union. Its enhanced security and technical features should facilitate its recognition by third countries. Such document should help carry out returns in the context of readmission agreements or other arrangements with third countries, as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 50 #
2015/0306(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Readmission agreements concluded by the Union with third countries should seekinclude in their terms the recognition of the European travel document for return. Member States should seekinclude the recognition of the European travel document for return in bilateral agreements and other arrangements entered into as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 52 #
2015/0306(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided.
Amendment 55 #
2015/0306(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should only harmonise the format, and security and technical specifications of a European travel document for return and should not, in particular as regards safeguards against counterfeiting and falsification, and should neither specify the legal requirements of harmoniseing rules on the issuing of such document nor the merits of such harmonisation.
Amendment 56 #
2015/0306(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should take all the necessary steps to issue the European travel document for returns to ensure the effective return of migrants staying illegally in the Union, with full respect for Union law.
Amendment 62 #
2015/0306(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification. The document should bear recognisable harmonised security features. HRequirements which conform to high technical and security standards already exist and are set according to Article 2 of Council Regulation (EC) No 333/200211 , whichand these should therefore be applied to the European travel document for return. _________________ 11 Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4).
Amendment 66 #
2015/0306(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to amend or supplement certain non-essential elements of the model for a European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016* In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ * OJ XXX, XXX, p. XXX.
Amendment 67 #
2015/0306(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/... of the European Parliament and of the Council1a and the national laws, regulations or administrative provisions transposing Directive 95/46/EC12(EU) 2016/...1b . _________________ 12Directive 95/46/ECaRegulation (EU) 2016/... of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.19957 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L X, XX.XX.XX, p. XX). 1b Directive (EU) 2016/… of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council Framework Decision 2008/977/JHA (OJ L XX, XX.XX.XX, p. 31XX).
Amendment 72 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format, and the technical and security specifications of a harmonised European travel document for the safe return of third- country nationals.
Amendment 81 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European travel document for return shall be established in the official language or languages of the Member State that issues the return decision and, where appropriate, it shall be translated into English and French and into an official language of the third country of return.
Amendment 84 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The document shall be valid for a single journey tountil the returnee arrives at the third country of return.
Amendment 86 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where necessary, additional documents necessary for the return ofnd for the sole purpose of ensuring the safe readmission of the third-country nationals, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation 2016/... of the European Parliament and of the Council and the national laws, regulations or administrative provisions transposing Directive 2016/... of the European Parliament and of the Council.
Amendment 89 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 6 in order to amend non-essential elements found in Article 3(1) of the format of the European travel document for return.
Amendment 90 #
2015/0306(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The security features and technical specifications of the European travel document for return shall be thoseupdated those already set in application of Article 2 of Council Regulation (EC) No 333/2002. in order to include digital elements which can ensure the security and safety of the document issued.
Amendment 48 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 55 #
2015/0269(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) All provisions and restrictions in this Directive that apply to a firearm of a certain category also apply to the essential components of that firearm.
Amendment 95 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted. Member States shall adopt measures to ensure that the acquisition and possession of quickly detachable firearm magazines is restricted to persons holding a valid license for the acquisition and possession of a firearm to which the magazine fits or who are otherwise authorised to possess them.
Amendment 109 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d a (new)
Article 1 – paragraph 1 – point 1 – point d a (new)
Directive 91/477/EEC
Article 1 – paragraph 2
Article 1 – paragraph 2
(d a) In paragraph 2, the following paragraphs are added: For the purpose of this directive "museums" and "collectors" shall mean legal or natural persons dedicated to the gathering and conservation of arms and associated artefacts for their heritage, historical, cultural, technical, scientific, aesthetic or educational value and/or for display and/or for their use in academic or practical research or study.
Amendment 115 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war. Nor to the acquisition or possession of those firearms and ammunition which are subject to authorisation, registration or declaration in accordance with national law, by museums and collectors that are recognised as such by the Member State in whose territory they are established.
Amendment 125 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partone essential component thereof placed on the market has been marked in a durable way and registered in compliance with this Directive.
Amendment 165 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1the monitoring of firearms authorisations including the possibility of medical checks and shall withdraw authorisations if any of the conditions on the basis of which it was granted isare no longer met.
Amendment 199 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States shall take the necessary measures to ensure that the shortening of a long firearm by means of the modification of one or more of its essential components resulting in its re- definition as a short firearm shall be considered manufacturing, and therefore illicit unless done by an authorised dealer or gunsmith.
Amendment 215 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10a – paragraph 2
Article 10a – paragraph 2
Amendment 222 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10c (new)
Article 10c (new)
Article 10c Member States shall establish regulations on the safe storage of firearms under categories A and B ensuring that firearms are kept in such way as to preclude any risk of them being accessed by unauthorised persons.
Amendment 187 #
2015/0149(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotesmakes a significant contribution to reducing energy bills while at the same time promoting innovation.
Amendment 198 #
2015/0149(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and willreduces energy demand thereby contributing to energy security, allows consumers to save money on their energy bills, incentivises research and innovation, thereby giving competitive advantage to industries which develop and produce the most energy efficient products. It also contributes to the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also allow consumers to save money.
Amendment 579 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within onthree weeks following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 91 #
2015/0148(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is important that the EU ETS, despite being the Union's primary tool for achieving the Union’s long-term climate and energy targets, should be complemented by equivalent additional actions taken in other legal acts and instruments dealing with greenhouse gas emissions from sectors not covered by the EU ETS, in order to honour the agreed commitment that all sectors of the economy contribute to the fulfilment of the target of reducing the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030.
Amendment 98 #
2015/0148(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Union has both the responsibility and capability to act in a vigorous and cost-effective manner to mitigate climate change and honour the Paris Agreement to limit the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The environmental and socio- economic benefits for the Union to increase its efforts to mitigate climate change by far outweigh the costs which will inevitably incur for the Union if it fails to take sufficient action.
Amendment 124 #
2015/0148(COD)
Proposal for a directive
Recital 7
Recital 7
(7) To preserve the environmental benefit of emission reductions in the Union while actions by other countries do not provide comparable incentives to industry to reduce emissions, free allocation should continuetemporarily continue in a precise and targeted manner to installations in sectors and sub- sectors at genuine risk of carbon leakage. Experience gathered during the operation of the EU ETS confirmed that sectors and sub-sectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and sub-sectors can be deemed at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakage. The Commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage. Where, based on these criteria, a thresholds determined by taking into account the respective possibility for sectors and sub- sectors concerned to pass on costs in product prices is exceeded, the sector or sub-sector should be deemed at varying risks of carbon leakage. Others should be considered at a low risk or at no risk of carbon leakageThe varying degree to which sectors and sub-sectors are at risk of carbon leakage should be reflected in the amount of free allocation received. Sectors below the aforementioned threshold should be deemed at no risk of carbon leakage and therefore should not benefit from free allocation. Taking into account the possibilities for sectors and sub-sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits.
Amendment 137 #
2015/0148(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to make the EU ETS fit for the purpose of reducing emissions while stimulating low-carbon production and investments in phase IV, more stringent earmarking is necessary. Unless otherwise specified in this Directive, Member States should thus spend 100% of the auction revenues on climate actions listed in this Directive, and undertakings receiving allocations exceeding the actual size of their emissions should use these resources exclusively for investments in the decarbonisation of their production.
Amendment 151 #
2015/0148(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for the capture and storage of CO2 (CCS), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes and small-scale innovative projects is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes, even at smaller scales, in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 170 #
2015/0148(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To increase the environmental benefits of emissions reductions in the Union without causing undesired social effects, financial support should be given to regions and sectors which depend on carbon-intensive activities, so as to enable a just and fair transition to a Union low- carbon society. The impact of the energy transition on such regions and sectors should be better assessed and taken into account, especially considering the future of those workers who will be affected by the transition to a Union low-carbon society.
Amendment 259 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point b – point ii
Article 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
'(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and grset aside for the creation of a Just Transition Fund as a complement to the European Regional Development Fund and the European Social Fund. The revenues of these auctions shall remain at the Union level, with the goal to use them for cushioning the social impact of the climate policies required in order to enable the necessary transition to a low- carbon society in regions which combine a high share of workers in carbon- dependent sectors and a GDP per capita well below th within the Community, thereby increasing the amount of allowances that those Member States auce Union-average. These auctioning revenues aimed at just transition shall be used in one or several of the following ways, while fully complying with the fundamental rights of non-discrimination and gender-equality: - creating redeployments and/or mobility cells; - education/training initiatives to re- skill or upskill workers; - support in job search, including paid time-off to search for jobs; - social protection measures; - subsistence allowances; - business creation; and - monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by the Just Transition Funder point (a) by the percentages specified in Annex IIa."; and' are strongly related to the labour market and therefore social partners shall be actively involved in the fund management – on the model of the ESF committee – and the participation of local social partners shall be a key requirement for projects to receive funding.'
Amendment 270 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point b c (new)
Article 1 – point 4 – point b c (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(bc) In paragraph 3, point (b) is replaced by the following: '(b) to develop renewable energies to meet the commitengagements of the Community to using 2using at least 30 % renewable energies by 20230, as well as to develop other technologies contributing to the transition to a safe and sustainable low-carbon economy and to help meet the commitment of the Communityengagements to increase energy efficiency by 2at least 40 % by 20230;'
Amendment 412 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Amendment 423 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
400 million allowances shall be available to support innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union, including at a smaller scale where the investment is made in a smaller Member State.
Amendment 443 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4
Article 10a – paragraph 8 – subparagraph 4
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23. to supplement this directive, taking due account of the following principles: - Projects shall focus on research and innovation for the design and development of breakthrough solutions and implementation of demonstration programmes, including in real industrial environments; - Projects shall deliver ambitious reductions in specific greenhouse gas emission intensity of at least 20%, with respect to the best available technologies; - The activities shall run close-to- market in production plants to demonstrate the viability of breakthrough technologies in overcoming the technological as well as non- technological barriers; - Projects shall address technological solutions that can have widespread applications and may combine different technologies; - Solutions and technologies shall ideally have the potential to be transferred within the sector and possibly to other sectors.
Amendment 45 #
2015/0125(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277% compared to 2013, including more than 26.100 children, of whom around 13.000 were unaccompanied (7.6% of the total migrants arrived). A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153% compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50% of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75%, represented more than 40% of the irregular migrants in Italy and more than 50% of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.
Amendment 66 #
2015/0125(NLE)
Proposal for a decision
Recital 17
Recital 17
(17) The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Child rights principles and the best interest of the Child should be the primary consideration in all procedures put in place.
Amendment 91 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills. In the case of particularly vulnerable applicants, and particularly in the case of unaccompanied minors, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 103 #
2014/2254(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is undergoing a period of economic and financial crisis, and whereas the response of the EU and the Member States has seriously compromised the wellbeing of citizens and their fundamental right, including children and young people and the respect of their fundamental rights, and further increased the socio-economic exclusion of citizens in several countries;
Amendment 137 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 514 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 523 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 525 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 530 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity and calls upon the European Commission to put forward an EU LGBTI Strategy, comparable to the LGBTI Guidelines adopted by the Foreign Affairs Council of 24 June 2013;
Amendment 885 #
Amendment 891 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 893 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 895 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Invites the European Commission to propose an ambitious and comprehensive successor to the EU Agenda on the Rights of the Child in 2015;
Amendment 20 #
2014/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there is a great deal of ignorancea serious lack of information and data about the seas and oceans, their resources, and the ways in which these interact with human activities – whether taking place or still to be developed – and whereas inadequate knowledge on those points severely inhibits sustainable use of the resources concerned and poses an obstacle to innovation;
Amendment 26 #
2014/2240(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas marine ecosystems are fragile biodiversity hotspots that are sensitive to human activities, and it is becoming increasingly important to obtain and share accurate information on the location and extent of habitat types to facilitate the sound management, development and protection of sensitive areas;
Amendment 27 #
2014/2240(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas barriers to success in innovation in the blue economy lie not just with the scientific knowledge gap, which universities, businesses and research institutions are seeking to address through cutting edge research; but also lie significantly with barriers to funding from both public and private resources;
Amendment 42 #
2014/2240(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas numerous coastal and marine environmental management tools are supported by seabed mapping, including planning monitoring surveys by identifying areas likely to support a particular habitat of interest, or providing information to assist in locating and planning offshore projects, such as pier and marina development, coastal protection works, offshore wind farms and land reclamation, in an environmentally sustainable way;
Amendment 52 #
2014/2240(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas European oceans and seas are very diverse varying from the depths of the Atlantic off Ireland to the depths of the Black Sea off Romania and from the cold seas in the Arctic to the warm waters of the Mediterranean;
Amendment 57 #
2014/2240(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that the blue economy should be defined in broadspecific terms covering all sectoral and inter-sectoral activities connected with oceans, seas, and coastal areas, including forms of direct and indirect support; draws attention to the cross-cutting importance of innovation for all these activities, be they traditional or emerging;
Amendment 61 #
2014/2240(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Member States to carry out a scientific analysis and quantification of the extent of their existent blue economy activities; also calls on the Commission to carry out a census of the numerous projects that it has financed in the past that were relevant to the blue economy;
Amendment 66 #
2014/2240(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission, in close coordination with Member States, to gauge the financing needs of the blue economy (at sectoral, national, and European level) following the completion of the above mentioned scientific analysis and census, and with a view to realising its growth and job- creating potential;
Amendment 72 #
2014/2240(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that the European oceans and seas are very diverse and it is therefore essential that the European Commission does not adopt a 'one-size- fits-all' approach, as such, the European Commission needs to start dividing the European seas and oceans into zones, each zone having its own exigencies covered and initiatives offered for tailor- made solutions;
Amendment 77 #
2014/2240(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the development of the blue economy requires greater investment in knowledge and that, in order to improve understanding of the marine environment, the EU and the Member States must provide substantial funding under arrangements making for continuity and predictability over the long term, not jeopardising, in the meantime, the financing of already existing and running programmes;
Amendment 82 #
2014/2240(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for clear-cut objectives and time- frames to be laid down with a view to making data – whether relating to the sea- floor or to the water column and living resources – more accessible and, more fully interoperable, and for information about seas and oceans to be supplied to the public, however, ensuring that funds are not wasted and projects are not duplicated;
Amendment 88 #
2014/2240(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that in order to ensure the sustainable development of the blue economy, it will be necessary to create and successfully manage cohesive marine and maritime actions; calls for the setting up of a European Maritime Super Agency that will take ownership of all aspects related to the sea and oceans and that will bring together the relevant agencies that already exist under one management team to coordinate all the activities that directly impact different aspects of the blue economy;
Amendment 103 #
2014/2240(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the Member States have a key role to play in developing the blue economy and urges the Commission to support and encourage all forms of cooperation between Member States, for example joint programming initiatives, moreover, in this regard project proposals that have direct impact on and direct input to the blue economy should be given priority;
Amendment 113 #
2014/2240(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to establish favourable regulatory and legal conditions for investing in renewable energy in the blue economy, and to bring forward a clear and stable framework of support for research, businesses and government that will allow for increased investment in innovative projects to develop renewable energy;
Amendment 125 #
2014/2240(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Furthermore, considering that the blue economy has traditionally been and still is very much dominated by men, it is now opportune for us to acknowledge that this is the ideal time to entice women to this economical niche;
Amendment 127 #
2014/2240(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to gather and analyse data related to maritime careers at all levels (from law to engineering and environmental managers, from diving instructors to seaman and maritime technicians) and use such data to explore job opportunities at various levels - traditional, emerging and completely new ones which may come into existence;
Amendment 133 #
2014/2240(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Believes that there should be a stronger focus on the role of the sea in tourism and on its sustainability, considering that however the impact of such an economy may not be directly on the sea, but could have indirect adverse effects as well on inland areas;
Amendment 142 #
2014/2240(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Emphasises that investment in the blue economy requires a mix of project focuses, from big infrastructure projects which require the market confidence of public funding, to diverse, small scale investments in SMEs, which require additional assistance in accessing funding;
Amendment 148 #
2014/2240(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for increased support for SMEs, which constitute the vast majority of the aqua tourism sector, in ensuring that existing and new jobs are sustainable, high quality, and all year round;
Amendment 168 #
2014/2240(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for more active support for modernisation and sustainable development of the fisheries sector, laying emphasis on small-scale fisheries and seeking to make fishing gear more selective and reduce the environmental impact of fishing, in addition to providing more effective ways to combat illegal, unregulated, and unreported fishing; recalls that mapping and classification of resource habitat are essential for the establishment of a viable, sustainable and well managed fisheries sector; maintains that scientific fisheries-related data forming a basis for political decision- taking should be made public in their entirety;
Amendment 173 #
2014/2240(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that it may be opportune to declare a number of common maritime areas as 'no-go' zones to help pristine areas survive, and over-exploited areas of seabed to regenerate, and thus contribute to the future sustainability of our seas;
Amendment 175 #
2014/2240(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the sustainable development of European aquaculture requires stronger support for scientific research and technological development related to the breeding of new species, especially indigenous species, in order to enable production and the supply of foodstuffs to be diversified and their quality enhanced while raising the level of environmental safety; points out that accurate knowledge of bathymetry and seabed composition are essential in the selection of the most appropriate sites for the expansion of the local aquaculture industry, in estimating their carrying capacity, and in modelling pollution arising from aquaculture activities;
Amendment 177 #
2014/2240(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on proper regulation related to aquaculture including feeding of fish in fishfarms in order to avoid as much as possible uneaten feed ending up on the sea bed, and to promote the removal of anthropogenic items deposited on the sea bed because of fish farm operations such as concrete weights, ropes etc;
Amendment 178 #
2014/2240(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to introduce measures to mitigate alteration of water quality via addition of oils and fats when feed-fish are fed to fish in fishfarms since any introduced oils and fats may be transported by sea currents to inshore areas where they can be a nuisance to coastal users including bathers and divers;
Amendment 183 #
2014/2240(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates the need to take immediate actions in maritime transport in terms of efficiency improvements and speeding-up the decarbonisation of the sector, and that the development and the use of liquefied natural gas (LNG), as a cleaner transitional fuel should be encouraged for this sector;
Amendment 185 #
2014/2240(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points to the strategic importance of shipbuilding and ship-repairing and their links to other sectors – including merchant shipping, fisheries, and cruise tourism; considers that a commitment to technological innovation and a high degree of specialisation, which could lead to gains in added value, could create contexts less exposed to international competition and might help to reverse the downturn that the sector has been undergoing; maintains that specific support should be provided to revitalise and modernise the European shipbuilding and ship-repairing industryies in itstheir different forms;
Amendment 193 #
2014/2240(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers thatMaintains the need for the EU to first look at mitigating the causes of coastal erosion as a precursor to studies on coastal erosion and maritime works to, which can help protect the coastline ares this is a key blue economy sector tha, and it is becoming more important in the light of climate change;, thus calls for greater EU support for thise sector;
Amendment 196 #
2014/2240(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that energy from the seas and oceans, be it in the form of fossil fuels and above all in the form of renewables, has great potential from the point of view of utilising domestic resources and diversifying energy sources; further understands that Europe's seas and oceans have the potential to contribute significantly towards meeting the EU's climate and energy targets; stresses that prospection for, and the exploitation of, these resources has to allow for technology transfer requirements, especially as regards the training of skilled and highly qualified workers, as well as meeting stringent environmental sustainability criteria; draws attention to the potential multiplier effect of these activities in terms of jobs and related activities, both upstream and downstream;
Amendment 203 #
2014/2240(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that the optimal location of power generators to harness blue energy, such as wind, wave or solar energy, ocean currents, osmotic power, thermal energy conversion, can depend on a number of factors, including water depth, seabed conditions, oceanographic characteristics and distance from shore, therefore, believes that harmonising the data collected in the different national programmes on bathymetry, seabed characteristics or vertical ocean profiles can assist in site selection and licensing policies for renewable energy developments; stresses also that further research in marine energy solutions is a must to be able to develop affordable, cost-effective and resource-efficient energy technology solutions;
Amendment 220 #
2014/2240(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Believes that it is imperative that underwater cultural heritage is given its due importance within the blue economy particularly since underwater cultural heritage can teach present-day societies about past exploitation of the sea, about human reactions to climate change and sea-level rises among others and furthermore since underwater cultural heritage is a resource for tourism;
Amendment 3 #
2014/2239(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
A. Having regard to the 1979 convention on the Elimination of All forms of discrimination against Women (CEDAW, Art.14(2)) and the 1989 Convention on the Rights of the Child (RC, Art.24)
Amendment 12 #
2014/2239(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Recognises the human right to water, entailing everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use as described by the United Nations Committee on Economic, Social and Cultural rights, as a basic human right protected under international human rights law.
Amendment 25 #
2014/2239(INI)
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Recognises the importance of the right to water to Women and Children as stressed in the United Nations Convention’s on eliminating all forms of discrimination against women and the United Nations Convention on the Rights of the Child.
Amendment 28 #
2014/2239(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that every year its Committee on Petitions receives a significant number of petitions from EU citizens expressing their concerns about water quality and waste- water management; considers that these petitions demonstrate a genuine interest on the part of citizens in thorough enforcement and further development of sustainable water-related EU legislation;
Amendment 42 #
2014/2239(INI)
Draft opinion
Paragraph 6 – point 1 (new)
Paragraph 6 – point 1 (new)
(1) Notes that particular importance should be given to low-income areas and geographical regions which have high and vast instances of poverty accumulation, especially in regions where extreme poverty can be noted.
Amendment 47 #
2014/2239(INI)
Draft opinion
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Calls on the Commission to identify Member States, Regions and areas where water shortage is an existent or potential issue and help the identified Member State, regions and areas to properly address this issue.
Amendment 49 #
2014/2239(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Committee of Regions to get more involved in this European Citizen Initiative in order to help regional authorities get more involved in the issue.
Amendment 1 #
2014/2228(INI)
Draft opinion
Citation (new)
Citation (new)
– having regard to its earlier resolutions of 23 October 2012 on trade and economic relations with the United States1, 23 May 2013 on trade and investment negotiations with the United States of America2, 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs3,
Amendment 2 #
2014/2228(INI)
Draft opinion
Citation (new)
Citation (new)
Amendment 3 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission is currently negotiating on behalf of the European Union a deep, comprehensive and high standards trade and investment partnership agreement with the United States (Transatlantic Trade and Investment Partnership – TTIP) that aims to foster and facilitate commercial exchange of goods and services and enhance investment through inter alia the removal of trade barriers; whereas a significant number of European citizens have voiced legitimate concerns that this agreement would threaten fundamental EU regulations, in particular in the fields of labour rights, environmental protection and food and safety standards
Amendment 7 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the TTIP is above all about regulation10 , about reducing or eliminating non-tariff barriers11 , and as such about the level offacilitating commercial exchanges of goods and services between both sides of the Atlantic and enhancing investments on each side; this is to be achieved through the removal of trade barriers, which include tariffs and non-tariff measures, such as differences in regulations in areas like the protection of human health and the environment; __________________ 10See speech by EU Trade Commissioner Cecilia Malmström of 11 December 2014.http://trade.ec.europa.eu/doclib/docs /2014/december/tradoc_152942.pdf, regulations on vehicles and the maritime sector; __________________ 11 See 2014 Report on Technical Barriers to Trade by the US Trade Representative, p. 45.
Amendment 12 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
B. whereas in order to contribute to the well-being of all European citizens the objectives of the TTIP is to increase trade and investment between the European Union and the United States;should be to regulate globalisation and support sustainable trade and investment flows in a balanced way across Europe, sustainable economic growth, decent jobs creation and promotion of the European Social Model
Amendment 23 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
B. whereas the degree of divergence between the regulatory systems of the EU and the US is very wide in key areas for the protection of health and the environment, including food safety and consumer information, owing to different legal and political cultures (epitomised by the controversy over the precautionary principle)and reflecting differing concerns and approaches, such as different value judgments, policy objectives, methods of risk analysis;
Amendment 28 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the EU currently has limited access to the US market in the maritime sector, if carried out properly TTIP could lead to better cooperation, greater convergence and economic benefit of European businesses;
Amendment 47 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of developing the trade relationship and bilateralbalanced trade and investment relations between the European Union and the United States of America in order to help growth and employment and generate new economic opportunitieswith adequate safeguards to provide the highest labour, social, health and environmental standards on a global level in order to generate new economic opportunities and regulate globalisation, so that social and environmental dumping is excluded;
Amendment 53 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the objective of reducing unnecessary regulatory incompatibilities between the EU and the USA in relation to goods and serviceslifting technical barriers to trade between the EU and the USA which are not justified by different approaches to protection and risk management, such as duplication of procedures, inconsistent product requirements and double testing;
Amendment 57 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
C. whereas the US Trade Representativagreement has the potential of improving commerce between the European Union and the United States, which will stimulate econsistently denounces EU standards in these areas as trade barriersomic growth in both regions, it has to also ensure that the respective standards of protection of public health, safety and environment in the EU and the US will not be undermined;
Amendment 61 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. NoteDemands that regulatory compatibility is to be without prejudice to thedoes not in any way affect public authorities’ right to regulate in accordance with the level of health, safety, consumer, labour and environmental protection and cultural diversity that each side considers appropriate;
Amendment 70 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to work on transatlantic harmonisation of standards and regulations that define the principles of public support for different energy sources, and to ensure that the respective standards of environmental protection and industrial emissions in the EU and in the US will not be undermined;
Amendment 76 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the decision of the European Ombudsman concerning its inquiry in relation to the European Commission’s efforts to make TTIP negotiations transparent and accessible to the public; calls on the Commission to rapidly implement the Ombudsman’s recommendations related to public access to consolidated negotiating texts, greater proactive disclosure of TTIP documents and increased transparency as regards meetings that Commission officials hold on TTIP with business organisations, lobby groups or NGOs.
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Suggests that further steps are needed in order to continue the Commission’s efforts to increase transparency and to promote more comprehensive participation and involvement of the various stakeholders in the negotiating process and in particular of civil society and consumers organisations, given the potential impact TTIP will have on the lives of European citizens;
Amendment 90 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 103 #
2014/2228(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the sensitivity of certain areas of negotiation, such as the agricultural sector, where perceptions of genetically modified organisms (GMOs), cloning and consumer health are divergent between the European Union and the United States;, therefore calls for these areas not be subjected to regulatory cooperation and any additional rules on Sanitary and Phytosanitary Standards and Technical Barriers to Trade; in areas in which trade in sensitive sectors already occurs, such as GMOs, calls for the establishment of clear labelling rules that would reinforce consumer choice
Amendment 105 #
2014/2228(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights the high levels of public scrutiny given to the agreement via petitions, which raised strong concerns about the transparency of the negotiations and the adverse negative effects on workers’ rights and public services including health care, social services, education, water and sanitation
Amendment 106 #
2014/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Acknowledges that the TTIP negotiations raise concerns, notably among members of civil society, about potential harmonisation that might undermine the levels of protection of public health and safety, and the environment; emphasises that in certain areas convergence is possible without undermining the respective levels of protection in the EU and the US;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that consumer protection and compliance with higher European quality standards for foods and products should be at the centre of the negotiations on the TTIP., the highest standards of environmental protection and strictest control of industrial emissions in the EU and the US and the proper safeguards to protect citizens’ data, should be at the centre of the negotiations on the TTIP; negotiators should not consider any commitments on data protection within the framework of TTIP pending the conclusion of on-going legislative work in this field in the EU and US
Amendment 125 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure that the priorities and concerns of SMEs are fully taken into account in the TTIP negotiations e.g. by means of impact assessments or targeted public consultations, and emphasises at the same time that the TTIP is above all about facilitating commercial exchanges of goods and services between both sides of the Atlantic and enhancing investments on each side that could be highly beneficial for SMEs;
Amendment 130 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 7 #
2014/2215(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the European Council Conclusions of 15 October 2015 in particular Point 2.(n)
Amendment 25 #
2014/2215(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders, by means of closer coordination of operational cooperation between Member States, and whereas these activities clearly have human rights implications which haven't been adequately tackled by Frontex and the European Union;
Amendment 26 #
2014/2215(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Frontex is tasked to ensure the efficient implementation of the common rules on standards and procedures for the control and surveillance of the external borders with respect to fundamental rights, by means of closer coordination of operational cooperation between Member States;
Amendment 27 #
2014/2215(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas Frontex also builds operational cooperation with countries outside the EU as an integral part of its mission, in key areas such as information exchange, risk analysis, training, research and development, joint operations (including joint return operations) and pilot projects;
Amendment 45 #
2014/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas the European Commission has committed to an upcoming Frontex Review
Amendment 65 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, and the tripling in capacities and assets for the Frontex Joint Operations Triton and Poseidon for 2015 and 2016, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 70 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggestrecognizes that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that would otherwise remain undetected, unreported and unresolved;
Amendment 78 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law, which acts on behalf of the European Union, even when it operates beyond its external borders, should not limit its responsibility under international and EU law, in particular to ensure that migrants and asylum seekers' fundamental rights are respected and protected; recalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 110 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; emphasises, however, that this does not exclude complaints submitted by third parties acting in the interest of a complainant who prefers to remain anonymous; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provisiondevelopment - in cooperation with the Fundamental Rights Agency (FRA) and the European Asylum Support Office (EASO) - of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 120 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by at least the top 10 ´nationalities of migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’' screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 126 #
2014/2215(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that complaints with regards to breaches of fundamental rights during Frontex operations should not interrupt on-going Frontex lifesaving operations in order not to put the lives of people at risk.
Amendment 141 #
2014/2215(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recommends that when complaints originate from asylum seekers, in particular those which are part of vulnerable groups such as unaccompanied minors, the Fundamental Rights Office, shall consult with EASO and seek advice.
Amendment 159 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisagedin case of serious and persistent fundamental rights violations should be explored; furthermore the suspension and ultimately the termination of an operation should be considered and explored further only in case of consistent violations of fundamental rights and without impacting Frontex life-saving operations;
Amendment 161 #
2014/2215(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recommends that in its Annual General Report, Frontex includes information on the complaints made in the preceding year and the follow-up which has been made, stresses that this summary must include an overview of the types of violations alleged and the violations that actually occurred in order to help identify shortcomings, and ways to improve the staff's code of conduct; the same report should highlight if such violations occurred by guest officers or not, and when occurring by guest officers should indicate if sufficient information and follow up was provided by the Member State receiving such a complaint.
Amendment 168 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check; Notes that returnees must be briefed about their fundamental rights prior to return operations, in a way that is understandable and comprehensible to every returnee.
Amendment 178 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resources toensure that the Fundamental Rights Office foris adequately equipped to handlinge the complaints received;
Amendment 187 #
2014/2215(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex; to safeguard both the fundamental rights of asylum seekers and returnees and to ensure that the European Union's border guard agency's reputation is upheld;
Amendment 191 #
2014/2215(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; alls that nothing prevents Frontex from introducing an individual complaints mechanism under the current Frontex Regulation; in any case recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; stresses that an extension of the competences of Frontex must go hand in hand with an increased accountability of the agency, including a strengthened complaints mechanism;
Amendment 192 #
2014/2215(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Member States and the partner countries which have concluded working arrangements with Frontex to cooperate efficiently with Frontexthe Agency in order to ensure the smooth running of the complaints mechanism; encourages Frontex to provide technical assistance to the Member States and the relevant third countries in order to ensure the mechanism’s effectiveness;
Amendment 197 #
2014/2215(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on the individual complaints mechanism in the forthcoming review of the Frontex Regulation; and that this aspect becomes part of the regular information by FRONTEX to the EP.
Amendment 33 #
2014/2209(INI)
Motion for a resolution
Recital F
Recital F
F. whereas despite recent efforts, SMEs and micro enterprises continue to have difficulties with access to finance and whereas EU programmes still fall short of significantly contributing to innovation;
Amendment 64 #
2014/2209(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considering that micro enterprises generate thousands of jobs across Europe and as such require a different framework to work within, a clear definition of micro enterprises is urgently required;
Amendment 72 #
2014/2209(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the EU needs to drastically change its entrepreneurial culture in order to contribute to economic growth by having more people, especially young people starting up their own businesses and seeking more businesses opportunities, including in green growth, and by accepting failure and risk-taking; emphasises the importance of putting this issue at the centre of policy making; calls on Member States to cater for a softer landing after business failure, for instance by modifying bankruptcy laws to allow people to start up a new business soon after failure of a previous venture, especially in new and innovative sectors;
Amendment 137 #
2014/2209(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on Member States to avoid creating barriers to the internal market by gold-plating and to ensure consistent transposition into national legislation; invites the Commission to step up its efforts in addressing gold-plating with individual Member States; stresses the need for a clear and uniform EU-wide interpretation by national regulators and open public procurement rules, including green procurement and e-procurement, which at the moment represents a substantial barrier for SMEs and micro enterprises wishing to internationalise and at the same time a tremendous opportunity for Member States to be early adaptors;
Amendment 144 #
2014/2209(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission decision for withdrawing obsolete or overly burdensome legislative proposals; calls on the Commission to refrain from legislative proposals that would lead to an unnecessary administrative burden for businesses and SME, SMEs and micro enterprises and to continuously review existing legislation with the objective of decreasing the current administrative burden and adapting this to new business models; stresses, nonetheless, the need for ambitious actions to reach the EU’s environmental targets;
Amendment 164 #
2014/2209(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that developing entrepreneurship skills and programmes to learn how the market, the economy and the financial system operate, function and interact, along with environmental awareness, should be included in basic education systems, and youth entrepreneurship should be promoted at schools, taught already in primary schools and also through extra-curriculum activities; believes that a well prepared business plan is the first step towards better access to finance and viability; calls on the Commission and the Member States to include financial education in their education programmes without delay; supports in this connection the ‘Erasmus for Young Entrepreneurs’ programme, designed to promote an entrepreneurial culture and develop the single market and competitiveness;
Amendment 29 #
2014/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe is more dependent on imported resources than any other region in the world, its comparative advantage in the coming decades will be defined by the relative availability of resources, and its competitiveness can be increased only by getting more added value out of resources in the economy;
Amendment 39 #
2014/2208(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas moving to a circular economy requires systemic change, affecting all stakeholders in the value chain, and substantial innovations in technology, businesses and society as a whole;
Amendment 78 #
2014/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that resource scarcity requires an absolute decoupling of growth from the use of natural resources ‒ a systemic change which requires backcasting the actions needed from a 2050 sustainability perspective; points out that the paths to economic well-being and environmental sustainability are the same;
Amendment 94 #
2014/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that improving resource efficiency requires both legislative and economic incentives and, further funding of research, sectorial approaches that encourage cooperation and extend producer responsibility and the involvement of local and regional governments;
Amendment 106 #
2014/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that legal certainty and long- term predictability are needed to channel investments towards a sustainable economy with a coherent and harmonised legislative framework at EU level, covering all relevant policy areas, so that businesses have the confidence and certainty that investing in new jobs requires;
Amendment 110 #
2014/2208(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that a circular economy in Europe will need a skilled workforce, trained and equipped for greener jobs, creating a fairer and more inclusive society with greater coherence between environmental and employment targets;
Amendment 115 #
2014/2208(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that the EU has a role to play in fostering skills, promoting trainings, mobility and supporting industrial restructuring;
Amendment 438 #
2014/2208(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises that the circular economy would also be driven by changes in demand, which makes policy more important in setting up the enabling factors that include the Single Market, looking at product life cycles and footprints, eco-labels, eco-design, industrial policy, support for R&D, push and pull policies for innovation and longer term financing;
Amendment 6 #
2014/2153(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that current global energy and climate challenges require effective, equitable and common actions from the European Union on the international stage, and that the challenges posed by EU's climate change, energy efficiency and renewable energy targets, a sustainable energy mix, energy security and the development of innovative energy technologies can only be met with a unified strategy on energy security issues;
Amendment 7 #
2014/2153(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the challenges posed by climate change, energy efficiency and renewable energy targets, a sustainable energy mix, energy security and the development of innovative energy technologies can only be met with a unified strategy on energy security issues; calls on the Commission and Member States to recognise the importance of energy efficiency and its role in both lowering costs to consumers and maintaining security supply and emphasises the importance of including in investing in energy efficiency across the European Union in any energy Security plans.
Amendment 15 #
2014/2153(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the Commission communication on "Energy Roadmap 2050" (Com 2011/0885) and the initiative report of the European Parliament "Energy Roadmap 2050, a future with energy" (2012/2103 INI)
Amendment 16 #
2014/2153(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that the EU's increasing import dependence on fossil fuels from largely unreliable third country suppliers makes the EU vulnerable, and it deeply undermines the development of a credible, effective and consistent common European energy policy;
Amendment 29 #
2014/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that increased energy security is inseparable from the need to move to a low-carbon economy and to promote investments in indigenous, renewable energy sources; strongly calls, therefore, for a comprehensive EU energy and climate strategy that builds on existing policy instruments, with the long-term objective of decarbonising the EU economy by 2050;
Amendment 35 #
2014/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that increased energy security is inseparable from the need to move to a low-carbon economy and to promote investments in renewable energy sources; strongly calls, therefore, for a comprehensive strategy that builds on existing policy instruments, with the long- term objective of decarbonising the EU economy by 2050 and the elimination of the ‘EU’s energy islands’ which was initially forecast for completion in 2015.;
Amendment 50 #
2014/2153(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas, change in the EU market is being driven by concerns over security of the gas supply and transit routes into the EU, a number of developments have provided an opportunity for the EU to increase supply diversity from outside the EU and to more effectively exploit the gas reserves of EU members and third countries; this includes potential sources of gas in the Levant basin, gas from North America and underexploited gas reserves in North Africa, especially Egypt, Libya and Algeria, and beyond, such as the Caspian region;
Amendment 51 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that action will only follow if measures are put forward together with the Member States; calls on the Commission to propose concrete steps and action plans, including legislation, for both in the short and the long -term; underlines the importance of both research, education, training, sharing of best practices and of local pilot projects in Member States, which contribute to energy security by improving the resilience of local systems and by the proliferation of solar and wind generation at micro level;
Amendment 66 #
2014/2153(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Maintains that energy saving and energy efficiency are the fast and cost-effective routes to addressing issues such as energy security, external dependence, high prices, energy poverty, job creation and environmental concerns; underlines the potential for both in specific sectors such as buildings and transport;
Amendment 67 #
2014/2153(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Maintains that energy saving and energy efficiency are the fast and cost-effective routes to addressing issues such as energy security, external dependence, high prices and environmental concerns; underlines the potential for both in specific sectors such as buildings and transport, and calls upon the commission to set clear targets for the renovation of building stock across the EU which will lead to thousands of new jobs across Europe and rejuvenate Europe's economy;
Amendment 79 #
2014/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to adopt measures to increase energy efficiency as a priority, thus also tackling the problem of low competitiveness resulting from high energy prices; underlines the importance of fully implementing the measures provided for in existing legislation, namely the Energy Efficiency Directive and the Energy Performance of Buildings Directive and allocating increased EU funding to these areas; emphasises that as part of the revision of these directives, energy poverty should be elevated to priority status and measures should focus on social housing and on the most inefficient properties occupied by low-income households;
Amendment 81 #
2014/2153(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to adopt measures to increase energy efficiency as a priority, thus also tackling the problem of low competitiveness resulting from high energy prices; underlines the importance of fully implementing the measures provided for in existing legislation, namely the Energy Efficiency Directive and the Energy Performance of Buildings Directive;, recognises that decreased emissions governed by an Emissions Performance Standard correlate directly with energy efficiency and long term savings in the energy sector
Amendment 94 #
2014/2153(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that research and innovation are key to the development of low-carbon technologies and are vital to make the already available indigenous renewable energy technologies more affordable and competitive, therefore, urges for more EU support for R&D&I;
Amendment 98 #
2014/2153(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to step up the development and deployment of low- carbon technologies and to strengthen the role of renewable energy sourcrecognise the value of Carbon capture and storage technologies, which can play an important role as part of the suite of solutions to reduce carbon emissions in Europe and to strengthen the role of renewable energy sources and further ensure the diversification of energy supplies in order to save on fuel imports; welcomes the Commission’'s view of renewable energy as a no-regrets option and stresses the importance of developing smarter energy grids and new energy storage solutions;
Amendment 102 #
2014/2153(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to step up the development and deployment of low- carbon technologies and to strengthen the role of renewable energy sources in order to save on fuel imports; welcomes the Commission’s view of renewable energy as a no-regrets option and stresses the importance of developing smarter energy grids and, new energy storage solutions and EU projects in areas such as wave energy, floating solar and biofuels produced from algae;
Amendment 109 #
2014/2153(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that investing in low- carbon technologies, renewables, energy infrastructure and energy efficiency is crucial for securing our energy supply; urges the Commission to give priority to EU funding instruments for interconnectivity projects, the development of smart energy systems and energy efficiency projects in all Member States;
Amendment 114 #
2014/2153(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Emphasises that the expansion and upgrading of interconnections in the Southern European countries could contribute to the further uptake in renewables and for energy security in the region, and it could also catalyse the region's energy markets integration with the rest of the EU and enhance the security of energy supply
Amendment 122 #
2014/2153(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to abolishre-design the mechanisms of subsidies in order to facilitate the integration of the energy market, and to phase out all indirect subsidies for fossil fuels and to make full use of funds for financing renewables, based on binding renewable targets;
Amendment 135 #
2014/2153(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Reiterates the need to take immediate action in transport in terms of both efficiency improvements and alternative fuels, reduction of import dependency and speeding-up the decarbonisation of the sector; and that the development of suitable alternative fuels, electrification of the transport system need to be promoted, while the use of liquefied natural gas, as a cleaner transitional fuel should be encouraged for heavy load vehicles and in the maritime sector; considers that in the area of housing, deep renovation for energy efficiency should be a priority.;
Amendment 137 #
2014/2153(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that equal energy security, competitiveness and sustainability in a fully integrated energy market constitute the main pillars for the creation of an Energy Union, which can be achieved by pooling resources, connecting networks, ensuring unified energy market regulation and establishing unified negotiating positions vis-à-vis third countries on the request of the Member States involved;
Amendment 161 #
2014/2153(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises thatIs of the opinion that the EU's increasing import dependence of fossil fuels from largely unreliable third country suppliers makes the EU vulnerable; thus, as the gas stress tests carried out by the Commission demonstrated, particular attention needs to be paid to the most vulnerable Member States;
Amendment 233 #
2014/2153(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EU is not yet on track to meet its commitment of saving 20 % of energy (371 Mtoe) by 2020, and that over one third of reduced energy consumption is actually attributable to lower levels of economic activity; therefore emphasizes that stronger measures need to be put in place to speed up energy efficiency actions and asks the Commission to propose new and strengthened measures to ensure that the 2017 National Energy Efficiency Action Plans deliver and to urgently come forward with a clear ambitious and binding policy framework for 2030;
Amendment 274 #
2014/2153(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that improved vehicle performance standards and fuel efficiency, development of suitable alternative fuels for passenger cars and aeroplane, the use of LNG for heavy load vehicles and in the maritime sector are crucial for both reducing EU oil dependency and cutting greenhouse gas emissions, and therefore calls on the Commission to continue and accelerate its efforts in this field;
Amendment 299 #
2014/2153(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to closely monitor the implementation of the Energy Efficiency Directive and the Energy Performance of Buildings Directive and to carry out a limited review of the Energy Efficiency Directive in order to update the provisions relevant to the indicative 2030 EU energy efficiency improvement target of at least 27 %; believes that increased EU funding should be allocated to these areas and that measurement and verification of energy efficiency improvements should be an integral part of the annual European semester reporting;
Amendment 328 #
2014/2153(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reminds that regarding energy security, planning and balancing demand and supply; measures on the demand side are as important as measures on the supply side, those measures can be, amongst others, the optimal use of the smart distribution net, smart appliances, demand side management focussed on consumer benefits and micro-generation of renewable energy combined with local storage of energy;
Amendment 332 #
2014/2153(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that investment to moderate energy demand, especially in buildings, is a significant contribution to energy security and also to job creation, tackling energy poverty and environmental concerns, and that this should be taken into account when considering financial allocations;
Amendment 504 #
2014/2153(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises the need to give priority to education, training programmes and sharing of best practices between Member States in the field of innovative energy technologies that have the potential to secure our future energy supplies;
Amendment 509 #
2014/2153(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to seek for better interaction and coordination of national and European research programmes among themselves and with the Commission, especially in the fields of energy and construction, in order to ensure that priority is given to common challenges such as increasing energy efficiency and reducing greenhouse gas emissionsby not focusing only on the heating sector but also cooling, reducing greenhouse gas emissions and developing new renewable energy sources, such as wave energy, floating solar and biofuels from algae;
Amendment 631 #
2014/2153(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Emphasises that expansion and upgrading of interconnections in Southern European countries could contribute to the further uptake of renewables and for energy security in the region; it could also catalyse the region's energy market's integration with the rest of the EU and enhance the security of energy supply;
Amendment 638 #
2014/2153(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that acceleration of the implementation of strategic infrastructure projects of common interest, especially those designed to put an end to a Member State's energy isolation is highly necessary, and therefore encourages the Commission to participate more actively in this process; strongly believes that EU funding is essential for the implementation of these key European energy infrastructure projects for securing supplies and resources, since such investments typically require high level of public investment in order to attract and leverage sufficient private funds;
Amendment 670 #
2014/2153(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Stresses that the Mediterranean region is particularly important, both in terms of existing resources and others being discovered; and calls for a Mediterranean gas hub in Southern Europe;
Amendment 695 #
2014/2153(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Stresses that actions for the diversification of suppliers, routes and sources of energy to the EU should be accelerated, especially those aimed at creating new transport corridors (such as the Southern Corridor or in the Mediterranean Basin the setting up of a Euro-Mediterranean gas hub); increasing the EU's share of LNG; improving the interconnection of energy grids; completing the Euro-Mediterranean electricity and gas PCIs; developing new storage facilities; and also modernising and upgrading the existing fleet of conventional power plants;
Amendment 734 #
2014/2153(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Stresses that significant gas reserves in the North African countries and recent discoveries in the Eastern Mediterranean provide the region with an opportunity to emerge as a vibrant centre for a pipeline network transporting gas into Europe; that new pipelines, together with new LNG capacity being developed in the Mediterranean could form the basis of a network which could closely interconnect North Africa and the EU gas market and thus form the basis of an infrastructure hub;
Amendment 740 #
2014/2153(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Points out that there is a clear potential for synergies between the gas- rich countries of North Africa and the Mediterranean region, which have not yet been fully exploited; urges to establish a 'Euro-Mediterranean Platform on Gas' that would bring together policy makers, industrial representatives, regulators and energy stakeholders that would assist in the development of Euro-Mediterranean relations on gas issues, thus enhancing Europe's energy security;
Amendment 799 #
2014/2153(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Points out that, in particular for the viability of small energy systems, energy- related intergovernmental agreements between Member States and third country partners remain an important requirement; for Member States to engage with third country energy partners the necessary flexibility should be maintained; such partnerships should be in line with the EU's energy acquis;
Amendment 17 #
2014/0185(COD)
Proposal for a decision
Article 4 – point b – indent 4
Article 4 – point b – indent 4
– security and privacyrespect for privacy by default and design, in accordance with data protection law;
Amendment 19 #
2014/0185(COD)
Proposal for a decision
Article 6 – paragraph 10
Article 6 – paragraph 10
10. All actions and iInteroperability solutions funded under the ISA2 Programme shall be encouraged, where appropriate, to re-use available interoperability solutionsthat require processing of personal data, shall, where appropriate and possible, be preceded by a data protection impact assessment in accordance with Article 331a of Regulation …/…1b. __________________ 1aOr such amended article once Regulation …/… is adopted. 1b Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (COM(2012)0011).
Amendment 21 #
2014/0185(COD)
Proposal for a decision
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The interim evaluation and final evaluation of the ISA2 Programme shall include a separate analysis of compliance with data protection rules in all actions and interoperability solutions that require the processing of personal data.
Amendment 22 #
2014/0185(COD)
Proposal for a decision
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The evaluations shall examine issues such as the relevance, effectiveness, efficiency, utility, sustainability and coherence, coherence and regard for citizens’ data protection of Programme actions. The final evaluation shall, in addition, examine the extent to which the Programme has achieved its objective.
Amendment 24 #
2014/0185(COD)
Proposal for a decision
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Cooperation with other third countries and international organisations or bodies shall be encouraged, notably in the framework of the Euro-Mediterranean and Eastern Partnerships and with neighbouring countries, in particular those of the Western Balkans and Black Sea regions in accordance with Data Protection rules. Related costs shall not be covered by the ISA2 Programme.
Amendment 7 #
2014/0012(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EC) No 715/2007, (EC) No 595/2009 and (EC) No 595661/2009 as regards the reduction of pollutant emissions from road vehicles
Amendment 14 #
2014/0012(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Although emissions of methane are not known to have a direct harmful effect on human health, methane is a strong greenhouse gas and significant ozone precursor which contributes to the depletion of the ozone layer in the stratosphere. Therefore, in line with the Communication of the Commission on the application and future development of Community legislation concerning vehicle emissions from light-duty vehicles and access to repair and maintenance information (Euro 5 and 6)2 and with Article 14(1) of Regulation (EC) 715/2007 of the European Parliament and of the Council3 , the Commission should consider including methane emissions in the calculation of CO2 emissions. __________________ 2, in the framework of the revision of Regulation (EC) No 443/2009 of the European Parliament and of the Council3a, after carrying out a clear and detailed impact assessment evaluating the proper conversion of methane emissions into CO2 emissions and its feasibility. __________________ 2 OJ C 182, 19.7.2008, p. 17. OJ C 182, 19.7.2008, p. 17. 3 Regulation (EC) 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 3aRegulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1)
Amendment 16 #
2014/0012(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to facilitate the introduction of natural gas vehicles the current total hydrocarbons (THC) emission limit should be increasedreviewed based on a clear and detailed impact assessment and the effect of methane emissions should be considered to be taken into account and expressed as a CO2 equivalent for regulatory and consumer information purposes.
Amendment 20 #
2014/0012(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The results of the test procedure that provides the basis of EC type approval emissions regulations should reflect emissions rates observed in real driving conditions. Therefore, emissions control systems and test cycles should be designed in real driving conditions, especially in urban areas where driving conditions vary.
Amendment 37 #
2014/0012(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to achieve EU air quality objectives, as set out by the Air Quality Standards and by Directive 2008/50/EC of the European Parliament and of the Council5c, and to ensure a continuous effort to reduce vehicle emissions, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUE) should be delegated to the Commission in respect of the detailed rules on the application of Regulation (EC) No 715/2007 to vehicles of categories M1, M2, N1 and N2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg, the specific procedures, tests and requirements for type approval, the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems, the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information, the replacement of the information on the mass of CO2 emissions in the certificate of conformity with information on total mass of CO2 emissions equivalents, the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles, the amendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values, the adoption of a revised measurement procedure for particulates and a particle number limit value, a limit value for emissions of NO2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limitamendment of Regulation (EC) No 715/2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. __________________ 5cDirective 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).
Amendment 39 #
2014/0012(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Following the impact assessment accompanying this Regulation, Commission should make a legislative proposal on introducing mandatory fuel consumption meters (FCM) for light duty (LD) and for heavy duty (HD) vehicles. It should consist of inter-switchable average-and momentary fuel consumption indicators in the dashboard instrumentation of vehicles. It should be also accompanied by the proposal to extend the mandatory installation of gear shift indicators (GSI) from only passenger cars to all LD and HD vehicles.
Amendment 48 #
2014/0012(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 715/2007, Regulation (EC) No 595/2009 and Regulation (EC) No 595661/2009 should therefore be amended accordingly,
Amendment 61 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 1
Article 5 – paragraph 1
(2a) Article 5(1) is replaced by the following: "1. The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal usereal driving conditions, to comply with this Regulation and its implementing measures.".
Amendment 72 #
2014/0012(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 715/2007
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Without lowering the level of environmental protection within the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 14a, if appropriate, propose legislative measures concerning:
Amendment 75 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 715/2007
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the replacementview of the information on the mass of CO2 emissions in the certificate of conformity referred to in Article 18 of Directive 2007/46/EC with, in the framework of the revision of Regulation (EC) No 443/2009, based on the information on total mass of CO2 emissions equivalents, which shallould be considered to be the sum of the mass of CO2 emissions and methane emissions, expressed as equivalent mass of CO2 emissions with regard to their greenhouse gas effects;
Amendment 78 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 715/2007
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the increase or removal of the limit value of total hydrocarbons (THC) emissions for positive ignition vehicles shall be reviewed based on a detailed impact assessment.
Amendment 91 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Regulation (EC) No 715/2007
Article 14 – paragraph 4
Article 14 – paragraph 4
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to set outpropose legislative measures concerning a limit value for emissions of NO2, in addition to the existing limit value for emissions of total NOx, a limit value for emissions of NO2 for vehicles approved as complying with the Euro 6 emission limits set out in table 2 of Annex I. The limit for emissions of NO2 shall be set on the basis of an clear and detailed impact assessment, and shall take into consideration the technical feasibility and shall further reflect the air quality objectives set out in Directive (EC) No 2008/50 of the European Parliament and of the Council*.
Amendment 96 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Regulation (EC) No. 715/2007
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to amend and supplement table 4 of Annex I in orderpropose legislative measures to set out limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the Euro 6 emission limits set out in table 2 of Annex I. The limits for tailpipe emissions of NOx and NO2at cold temperatures shall be set on the basis of an impact assessment for carbon monoxide (CO), hydrocarbons (HC), nitrogen oxides (NOx), nitrogen dioxide (NO2) and shall take into consideration the technical feasibility and shall further reflect the air quality objectives set out in Directive (EC) No 2008/50 of the European Parliament and of the Council.
Amendment 102 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 715/2007
Article 14a – paragraph 2
Article 14a – paragraph 2
2. The power to adopt delegated acts referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(12) toand (53) shall be conferred on the Commission for an indeterminate period of timefive years from […][Publications Office, please insert the exact date of entry into force].
Amendment 105 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No. 715/2007
Article 14a – paragraph 3
Article 14a – paragraph 3
3. The delegation of powers referred to in the second subparagraph of Article 2(2), Article 5(3), Article 8 and in Article 14(12) toand (53) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 108 #
2014/0012(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 715/2007
Article 14a – paragraph 5
Article 14a – paragraph 5
5. A delegated act adopted pursuant to the second subparagraph of Article 2(2), Article 5(3), Article 8 and Article 14(12) toand (53) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 120 #
2014/0012(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Regulation (EC) No 661/2009 is amended as follows: (1) Article 1, point 2 is replaced by the following: "2. for the type-approval of motor vehicles, in respect of tyre pressure monitoring systems, with regard to their safety, fuel efficiency and CO2 emissions and, in respect of gear shift indicators and fuel consumption meters, with regard to their fuel efficiency and CO2 emissions; and". (2) In Article 3, the following point is added: "16a. 'fuel consumption meter' means a device which provides the driver with accurate information about the real fuel consumption of the vehicle, displaying the relevant data.". (3) In Article 5(2), the following point is added: "(na) fuel consumption meters.".
Amendment 34 #
2014/0011(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The report from the Commission to the European Parliament and the Council on the state of the European carbon market in 21027 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework. A change in the linear factor only changes gradually the cap. Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more. In order to address this problem and to make the European Emission Trading System more resilient to imbalances, a market stability reserve should be established. To ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead-time adjusting to the introduction of the design change, the market the market stability reserve has a quick and significant impact on the European Emission Trading System it should be established as of 2017. Without early estability reserve should be establisshment of the reserve, projections show that thed as of phase 4 starting inmount of surplus allowances would not fall below current levels until 20215. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances into the reserve and releasing them from the reserve. Where the conditions are met, beginning in 20217, allowances corresponding to 120% of the number of allowances in circulation in year x-21 should be put into the reserve. A corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 4300 million. __________________ 7 COM(2012)652 final. 8 Insert reference.
Amendment 64 #
2014/0011(COD)
Proposal for a decision
Recital 3 b (new)
Recital 3 b (new)
(3b) The European Council Conclusions of 23 and 24 October 2014 on the 2030 Climate and Energy Policy Framework give clear guidance on the continuation of free allocations and carbon leakage provisions after 2020. It is important that the competitiveness of European industries at genuine risk of carbon leakage is protected. Proportionate measures should, therefore, be put in place in order to shelter such industries from any negative impact on their competitiveness. Such measures should reflect the carbon price prevailing at the time of their introduction in order to ensure their effectiveness and to respect environmental integrity. It is, therefore, important that the Commission review the functioning of Directive 2003/87/EC in this respect.
Amendment 97 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A market stability reserve is established, and shall operate from 1 January 20217.
Amendment 113 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Commission shall publish the total number of allowances in circulation each year, by 15 May of the subsequent year. The total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU emission trading system in respect of emissions up to 31 December of year x, minus the cumulative tonnes of verified emissions from installations under the EU emission trading system between 1 January 2008 and 31 December of year x, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve. No account shall be taken of emissions during the three-year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions. The first publication shall take place by 15 May 20176.
Amendment 132 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. InBy 30 June of each year beginning in 20217, a number of allowances equal to 120% of the total number of allowances in circulation in year x-21, as published in May year x-1, shall be placed in the reserve, unless this number of allowances to be placed in the reserve would be less than 10067 million.
Amendment 143 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In any year, if the total number of allowances in circulation is lower than 4300 million, 100 million allowances shall be released from the reserve. In case less than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph.
Amendment 169 #
2014/0011(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
2. “1. From 20217 onwards, Member States shall auction all allowances that are not allocated free of charge in accordance with Article 10a and 10c and are not placed in the market stability reserve established by Decision [OPEU please insert number of this Decision when known] of the European Parliament and of the Council(*).”
Amendment 217 #
2014/0011(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
By 31 December 20261, the Commission shall on the basis of an analysis of the orderly functioning of the European carbon market review the market stability reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. The review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to Article 1(3) and the numerical value of the threshold for the total number of allowances in circulation set by Article 1(4).
Amendment 227 #
2014/0011(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
Article 10(1) of Directive 2003/87/EC as amended by Directive 2009/29/EC shall continue to apply until 31 December 202016.
Amendment 53 #
2013/0432(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another textwithdraw its proposal;
Amendment 237 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Once the competent judicial authorities are satisfied that a trade secret exists, that the applicant is the legitimate trade secret holder and that an unlawful acquisition, use or disclosure of the trade secret is imminent, the interim precautionary measures referred to in Article 9 of this Directive shall apply and no other measures foreseen in other Directives shall come into force.
Amendment 267 #
2013/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 88 #
2012/0288(COD)
Council position
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks, it is likely that greenhouse gas emissions linked to indirect land- use change are significant, and couldwill negate some or all of the greenhouse gas emission savings of individual biofuels. This is because land-based biofuels have received a large amount of public subsidies (EUR 10 billion a year), and therefore almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, sugars and cereals and other starch-rich crops accordingly. Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impact and mitigate such negative effects on food security, it is appropriate to focus, in particular, on reducing the projected use of biofuels grown on land as well as taking into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directives 2009/28/EC and 98/70/EC. Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land-use changes.
Amendment 103 #
2012/0288(COD)
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC of the European Parliament and of the Council1a. The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC1b in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitate this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC. _______________ 1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 1b Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147) (OJ L 226, 6.9.2000, p. 3).
Amendment 112 #
2012/0288(COD)
Council position
Recital 9
Recital 9
(9) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the Commission2012 Communication of 13 February 2012 entitled '"Innovating for Sustainable growth: A Bioeconomy for Europe'" and the Commission Communication of 20 September 2011 entitled 'Roadmap to a Resource Efficient Europe', promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses other than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water.
Amendment 122 #
2012/0288(COD)
Council position
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies – in particular wind, solar, wave and geothermal energy – that have demonstrated their renewability and sustainability.
Amendment 133 #
2012/0288(COD)
Council position
Recital 15
Recital 15
(15) The estimated indirect land-use change emissions should be included in the reporting by the Commission of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28counted towards the target in Article 7a(2) of Directive 98/70/EC in order to provide incentives for the biofuels with low indirect land-use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions. In order to make sure that Union targets for greenhouse gas emission savings and biofuels are meaningful and effectively met, indirect land-use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directive 2009/28/EC and Directive 98/70/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor.
Amendment 240 #
2012/0288(COD)
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch- rich crops, sugars, oil and oil cropsther energy crops grown on land shall be no more than 75,5 % of the final consumption of energy in transport in the Member States in 2020;.
Amendment 405 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point d
Annex IX – part A – point d
(d) Biomass fraction of industrial waste and residues not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex.
Amendment 286 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :