Activities of Moritz KÖRNER
Plenary speeches (7)
Global measures towards social media platforms - Strengthening the role of DSA and protecting democracy and freedom in the online sphere (debate)
Presentation of the programme of activities of the Hungarian Presidency (debate)
Presentation of the programme of activities of the Hungarian Presidency (debate)
2024 Annual Rule of law report (debate)
General budget of the European Union for the financial year 2025 – all sections (debate)
General budget of the European Union for the financial year 2025 – all sections (debate)
Seven years from the assassination of Daphne Caruana Galizia: lack of progress in restoring the rule of law in Malta (debate)
Institutional motions (10)
MOTION FOR A RESOLUTION The severe situation of political prisoners in Belarus
MOTION FOR A RESOLUTION The deteriorating situation of women in Afghanistan due to the recent adoption of the law on the “Promotion of Virtue and Prevention of Vice”
JOINT MOTION FOR A RESOLUTION on the severe situation of political prisoners in Belarus
JOINT MOTION FOR A RESOLUTION on the deteriorating situation of women in Afghanistan due to the recent adoption of the law on the “Promotion of Virtue and Prevention of Vice”
JOINT MOTION FOR A RESOLUTION on the cases of unjustly imprisoned Uyghurs in China, notably Ilham Tohti and Gulshan Abbas
JOINT MOTION FOR A RESOLUTION on the case of Bülent Mumay in Türkiye
JOINT MOTION FOR A RESOLUTION on Iraq, notably the situation of women’s rights and the recent proposal to amend the Personal Status Law
JOINT MOTION FOR A RESOLUTION on the misinterpretation of UN resolution 2758 by the People’s Republic of China and its continuous military provocations around Taiwan
JOINT MOTION FOR A RESOLUTION on the situation in Azerbaijan, violation of human rights and international law and relations with Armenia
MOTION FOR A RESOLUTION on EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia
Written questions (2)
Taxation of donations of goods
Scrutiny of EU funding for a university that promotes antisemitism
Amendments (1895)
Amendment 11 #
2024/0252(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the increase in appropriations for European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) to cover rising costs and is concerned about the corresponding decrease in appropriations for the European Union Asylum Agency (EUAA); recalls that the EUAA was reinforced as part of the mid- term revision of the MFF in order to enable it to carry out new tasks in accordance with the implementation of the new Pact on Migration and Asylum; calls on the Commission to work closely with bothe agencyies to ensure that it isthey are equipped to perform those new tasks and absorb the additional appropriations from 2025;
Amendment 14 #
2024/0252(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the additional appropriations for the EU Agency for Law Enforcement Training (CEPOL) in 2024 in the wake of the June 2024 cyber-attack on the agency; insists on the need for lessons to be learnt and for further technical support to be provided to other agencies by the Cybersecurity Service for the Union entities (CERT-EU), in view of the high cybersecurity threat and to ensure another attack does not compromise any Union agencies or institutions;
Amendment 1 #
2024/0234(COD)
Recital A a (new)
A a. whereas there is a need for greater sustained budgetary support to Ukraine; whereas the needs of Ukraine are greater than foreseen in previous IMF estimates, making the available amounts in the previous MFAs, the Ukraine Facility and the current MFA insufficient to ensure the required level of support, particularly for the years 2026 and 2027.
Amendment 11 #
2024/0234(COD)
Paragraph 3
3. Takes note ofWelcomes the proposal for the creation of a new macro-financial assistance instrument to the benefit of Ukraine, providing support of up to 35 billion, pendinga maximum of 35 billion euros, depending on the size of other contributions in the framework of the G7 agreement on “Extraordinary Revenue Acceleration Loans for Ukraine”, and with a duration of 45 years.
Amendment 14 #
2024/0234(COD)
Paragraph 6
6. Takes note of the precondition for support, as effective democratic mechanisms and institutions, including a multi-parliamentary system, the rule of law, respect for human rights, including minorities and the consequences of not meeting, or no longer meeting, this precondition.
Amendment 17 #
2024/0234(COD)
Paragraph 7
7. Takes note of the future negotiation between the European Commission and Ukraine on the Memorandum of Understanding, containing the guidelines which vertebrate all the future disbursement to Ukraine and which shall be consistent with the qualitative and quantitative steps contained in the Annex to the Council Implementing Decision (EU) 2024/1447 on the approval of the assessment of th eUkrain ePlan and any amendments thereof.
Amendment 20 #
2024/0234(COD)
Paragraph 8
8. Takes note on the derogation of Article 31(3), second sentence, of Regulation (EU) 2021/947, which implies that the External Action Guarantee will note be used to guarantee the borrowing of the amounts to be lent in the framework of this MFA, and consequently provisioning ofthat therefore the guarantees for this MFA fromwill be provisioned by the headroom.
Amendment 23 #
2024/0234(COD)
Paragraph 10
10. Takes noteReminds of all the mandatory provisions to be included in the MFA Loan Agreement, particularly those related to the early repayment of the amounts borrowed should it be recognised that Ukraine has engaged in any act of fraud, corruption or any other illegal activity detrimental to the financial interests of the Union.
Amendment 27 #
2024/0234(COD)
Paragraph 12
12. Takes note of the provisions on the transmission of information to the European Parliament and Council, as laid down in the Interinstitutional Agreement on good interinsitutional cooperation and governance and specifically within the framework of the annual budgetary procedure.
Amendment 33 #
2024/0234(COD)
Paragraph 13
13. Regrets the lack of clarity of the proposal on the final liability of the Union’s budget particularly in the framework of a loan guaranteed solely by the headroom, independently of the Ukraine Loan Mechanism support, or lack ofabsence thereof.
Amendment 37 #
2024/0234(COD)
Paragraph 14
14. Requests the European Commission to clarify, identify and eliminate the potential overlaps in the complementary funding provided by the Ukraine Facility and the MFA.
Amendment 38 #
2024/0234(COD)
Paragraph 15
15. Requests the European Commission to provide the budgetary authority with details on the aggregation of liabilities to the headroom contingent on borrowing and lending operations. Acknowledges that the needs of Ukraine are greater than foreseen in previous IMF estimates, implying the need for greater sustained budgetary support to Ukraine, making the amounts available in the previous MFAs, the Ukraine Facility and the current MFA insufficient to ensure the required level of support, particularly for the years 2026 and 2027.
Amendment 42 #
2024/0234(COD)
Paragraph 16 a (new)
16 a. Requests the European Commission to explore in the framework of the long-term architecture of the Ukraine Facility and the current MFA how to ensure the required level of support, in particular for the years 2026 and 2027.
Amendment 44 #
2024/0234(COD)
Paragraph 17
17. Regrets the urgency of this Regulation stemming from the lack of flexibility from the European Commission proposal on the amendment of the Multiannual Financial Framework , in order to be co-preventing the budgetary authority once more from decideding by the European Parliament and CouncilOrdinary Legislative Procedure within the legal deadline..
Amendment 257 #
2024/0176(BUD)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. Emphasises that EU funds must never be misused for terrorist purposes. Requests therefore that the joint text on the draft general budget of the European Union for the financial year 2025, approved by the Conciliation Committee under the budgetary procedure, includes the following joint statement by the European Parliament, the Council and the Commission on terrorism financing: “The three institutions agree that EU funds must never be misused for terrorist purposes. Therefore, where the Commission becomes aware that an entity receiving EU funding employs an individual who has been involved in terrorist acts during the term of the current Multiannual Financial Framework, the Commission shall suspend the funding of that entity without undue delay. Entities that employ or have employed more than five individuals who have been involved in terrorist acts during the term of the current Multiannual Financial Framework shall not be eligible for EU funding. Entities that provide financial support to individuals for the reason that these individuals committed or attempted to commit a terrorist act, or are related to someone who committed or attempted to commit a terrorist act, shall not be eligible for EU funding. This restriction shall also apply to the EU funding of third parties that directly or indirectly contribute to the financing of such entities.”
Amendment 271 #
2024/0176(BUD)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Stresses the importance of the Southern Neighbourhood line in supporting political, economic and social reforms in the region; taking into consideration the increasing humanitarian needs in the region as well as other purposes of regional cooperation in providing assistance to refugees, in particular Syrian and Palestinian refugees, and in enabling support along the southern migration routes; proposes to increase appropriations for the line by EUR 60 million above the DB, including to reinforce funding for UNRWA based on EU regulations and values;
Amendment 37 #
2023/2501(RSP)
Paragraph 3
3. Regrets the fact that the EO does not prohibit the bulk collection of data by signals intelligence, including the content of communications; notes that the list of legitimate national security objectives can be expanded by the US President, who can determine not to make the relevant updates public; is convinced that electronic mass surveillance of EU citizens by US authorities will continue;
Amendment 61 #
2023/2501(RSP)
Paragraph 6 a (new)
6 a. Requests that the EO is amended in order to incorporate measures that stipulate that EU citizens shall have the same rights and privileges that US citizens have, when it comes to the activities of the US Intelligence Community and access to US courts;
Amendment 90 #
2023/2501(RSP)
Paragraph 11 a (new)
11 a. Believes that the Commission should only adopt the adequacy finding when the Commission-President is ready to personally guarantee that the adequacy decision will not be overturned by the CJEU; expects the Commission-President to step down if the CJEU for the third time finds the Commission’s efforts to safeguard the citizens’ fundamental rights to be insufficient and consequently invalidates the Commission’s Implementing Decision;
Amendment 6 #
2023/2123(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas hydrogen based and hydrogen-derived synthetic fuels offer great potential to reduce climate emissions and enable the progress of the green transition; whereas the EU is now aiming for a 70 percent share by 2050 for various green aviation fuels, including synthetic fuels.
Amendment 8 #
2023/2123(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the member states have the possibility to use their national revenues from the emissions trading system and other sources to launch national, competitive auctions for renewable hydrogen production.
Amendment 40 #
2023/2123(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Acknowledges that in the current market situation, there should be flexibility in the application of the restrictions of different financing systems, for instance IPCEI funded projects, in order to make the first wave of hydrogen projects economically viable worldwide.
Amendment 43 #
2023/2123(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Notes that the Commission estimates the necessary market premium to be up to €5 per kilogram of hydrogen produced; stresses that quick and effective actions are needed to create functioning, competitive markets to drive down such high premium level.
Amendment 44 #
2023/2123(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Highlights that the production of renewable energy increases volatility in the electiricty markets; stresses that active measures are needed in the EU area in the electricity storage and demand; considers that hydrogen produced by nuclear power brings predictability and stability to the market;
Amendment 45 #
2023/2123(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Highlights the need to create a stable and less fluctuating price path for renewable hydrogen; considers that stability gives confidence to potential investors and stakeholders and encourages them to commit resources and funds to hydrogen-related projects.
Amendment 46 #
2023/2123(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Emphasizes that the auctions should increase competition in the internal market by supporting emerging companies like startups and SMEs to enter the market and in doing so also supporting the regionally balanced development of the European hydrogen market.
Amendment 42 #
2023/2113(INI)
Motion for a resolution
Recital A (new)
Recital A (new)
A Whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities;
Amendment 43 #
2023/2113(INI)
Motion for a resolution
Recital B (new)
Recital B (new)
B Whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as promoted among candidate countries, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU;
Amendment 44 #
2023/2113(INI)
Motion for a resolution
Recital C (new)
Recital C (new)
C Whereas since May 2022, Parliament has also been addressing the rule of law situation in Hungary, Malta and Poland in its resolutions; whereas Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed certain issues in Bulgaria, Czech Republic, France, Greece, Malta, Poland, Slovakia, Slovenia and Spain;
Amendment 45 #
2023/2113(INI)
Motion for a resolution
Recital D (new)
Recital D (new)
D Whereas several Member States' governments have deplorably not made themselves available for an exchange of views in DRFMG, refused to answer its written questions or meet with its Members during delegations in Member States; Reiterates that the DRFMG is a platform for exchange and in-depth monitoring, to which Member States should not be reticent but which should rather be welcomed as a part of taking joint responsibility for safeguarding EU values;
Amendment 46 #
2023/2113(INI)
Motion for a resolution
Recital E (new)
Recital E (new)
E whereas the Commission has suggested setting up an inter-institutional “Contact Group” on Rule of Law; whereas Parliament has taken up this suggestion and proposed to the Commission and Council the setting up of an “inter-institutional pilot project on democracy, the rule of law and fundamental rights”; whereas the Council Presidency has responded by stating it might consider this in its future evaluation of its Rule of Law dialogue and the Commission response is not yet available;
Amendment 47 #
2023/2113(INI)
Motion for a resolution
Recital F (new)
Recital F (new)
F Whereas the Conference on the Future of Europe clearly expressed a desire for the EU to systematically uphold the rule of law across all Member States, to protect citizens’ fundamental rights and to retain the EU’s credibility when promoting its values within the EU and abroad;
Amendment 48 #
2023/2113(INI)
Motion for a resolution
Recital G (new)
Recital G (new)
G Whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union;
Amendment 73 #
2023/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the judiciary should be allocated sufficient means to be truly accessible and able to provide an effective remedy to citizens; notes that the Commission finds that increased resources for the judiciary and other measures taken by Member States Malta, Cyprus and Greece have not yet resulted in a reduction as regards the length of proceedings, and backlogs of cases remain a serious challenge; in Croatia, Italy, and Portugal some steps in the right direction have been taken, but effectiveness of the reforms remains to be seen;
Amendment 76 #
2023/2113(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that for citizens to have effective access to justice, the Member States should do more to provide free of charge or affordable legal aid and should further facilitate access to a lawyer; Notes that the Commission finds that efforts to address concerns related to access to justice and legal aid are being made in Spain, France, Finland, Bulgaria, Malta, and Lithuania, and concerns persist in Ireland, Denmark, Luxembourg, and Hungary; Notes as well that the Commission finds that steps towards ensuring the right of access to a lawyer are ongoing in several Member States including Spain, France, Finland, Bulgaria and Malta; and in other Members States, such as Lithuania, Ireland, Denmark, Luxembourg and Hungary, improvements are still pending;
Amendment 81 #
2023/2113(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that, despite all Member States having anti-corruption strategies in place, perceptions of corruption vary greatly across the EU, with Denmark, Finland, Sweden and the Netherlands ranking among the least corrupt, while the perceived levels of corruption in Bulgaria, Malta, Hungary, Greece and Slovenia are worrying;29 notes as well with concern that the Commission finds that some Member States, such as Bulgaria, Malta, Hungary, Greece and Slovenia, have yet to establish a solid track record in the investigation and prosecution of high-level corruption cases that lead to final convictions that have a deterrent effect; notes GRECO recently publishing a report on Cyprus, highlighting the lack of actual effectiveness of the anti-corruption legislation and pointing out specific risks within law enforcement;30 __________________ 29 Transparency International, Corruption Perceptions Index, 31 January 2023. 30a GRECO, Fifth evaluation round, preventing corruption and promoting integrity in the central governments (top executive functions) and law enforcement agencies - Evaluation report Cyprus, 2 October 2023.
Amendment 89 #
2023/2113(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that citizens and businesses should feel safe to report cases of corruption; Notes that the Commission finds that there are still major obstacles across the EU in reporting corruption cases, although some Member States such as Slovakia, Cyprus, Denmark and Malta have taken steps to try and improve this situation;
Amendment 97 #
2023/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CAcknowledges the important role of the European Prosecutor's Office (EPPO) in safeguarding the rule of law and in combating corruption in the Union, and encourages the Commission to closely monitor Member States' level of cooperation with the EPPO in subsequent reports; calls on the Member States which have not yet done so to join the EPPO; considers that membership of the European Public Prosecutor’s Office (EPPO) should be a precondition for receiving EU funds; reiterates its call for an expansion of the mandate of EPPO;
Amendment 114 #
2023/2113(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Expresses concerns about the independence and impartiality of criminal proceedings in relation to six investigators of the Slovak National Crime Agency accused of manipulating investigations into major cases, including those linked to the representatives of the new government; recalls that the investigators were recently granted protected whistleblower status following statements about potential retaliation against the investigators after the parliamentary election of September 2023; expresses concerns about illegal steps of new Slovak Interior Minister leading to the suspension of the six investigators from the state service and initiating administrative proceedings during the duration of which the investigators will not be able to continue their work; emphasizes that independent and impartial investigations into all criminal acts and their effective punishment, as well as respecting legal procedures are an integral elements of democratic rule of law;
Amendment 118 #
2023/2113(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expresses deep concerns regarding the deterioration of media freedom in Slovakia; strongly condemns the recent labelling by PM Robert Fico of four leading media critical towards his government and his political party SMER- SD as "hostile" and “unwelcome guests”; is concerned that Fico arbitrarily decided to put the accreditation to the government office premises of these four media under review and repeatedly preventing them from attending press conferences organised by SMER-SD and the junior coalition partner SNS (Slovak National Party); recalls Fico´s long-term negative attitude towards selected critical media or journalists, openly referring to them “dirty, anti-Slovak prostitutes” in the past;
Amendment 119 #
2023/2113(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Fico to desist from its negative discourse; emphasizes that public figures and representatives of authorities bear the responsibility for their rhetoric and calls on them to refrain from undermining trust in the media across society and fostering a climate hostile to journalists and media professionals;
Amendment 127 #
2023/2113(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes that the Commission finds that Luxembourg, Slovenia, Germany, Estonia, Slovakia and Czechia have taken initiatives to strengthen the legal safeguards or budgetary means to improve the independence of national public service broadcasters, with Cyprus, Ireland and Sweden also discussing reforms, and an absence of measures to that effect in Romania, Malta, Poland and Hungary; calls for a quick agreement on the European Media Freedom Act in this regard with strong and unambiguous safeguards for the independent functioning of public service media providers;
Amendment 153 #
2023/2113(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regrets the continuous difficulties that many citizens, journalists and parliamentarians in many Member States face in obtaining information and access to documents; underlines that too often public authorities are deliberately frustrating access to information and documents, such as by disproportionately delaying decisions or giving only artificial access by only making information partially available; notes that the Commission finds that several Member States have taken initiatives to better regulate access to information, such as in Czechia, Lithuania and Slovakia, and some others working towards improvements in this area, such as Spain, Hungary, Luxembourg, Croatia, and Germany, with some Member States however still not fully addressing concerns, such as in Malta, Austria and Finland.
Amendment 156 #
2023/2113(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Amendment 172 #
2023/2113(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Expresses deep concerns about public statements by PM Fico about his plans to introduce a new law aimed at labelling non-governmental organisations financed from abroad as foreign agents, following the example of Orbán and Putin;
Amendment 175 #
2023/2113(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to further invest, through dedicated funding, in building capacity for CSOs to monitor and report on the rule of law situation in the Member States, and to ensure adequate protection to CSOs engaging in this process; is concerned that the biased distribution of funding in some countries impacts CSOs working on promoting the rights of vulnerable groups or working, more generally, for causes that governments do not support; encourages a thorough assessment of these issues in all countries covered by the report and stresses the need for country recommendations to address these issues; urges the Commission to consider direct management of EU funds, also in order to ensure that end beneficiaries, including CSOs working with vulnerable groups, receive the EU funding intended for them;
Amendment 183 #
2023/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups; Expresses deep concern about the excessive use of force by police services against minority groups, such as recently the lethal force by Greek police against a Romani minor and the lack of a thorough investigation thereof, and calls on the Member States' authorities to fully and independently investigate all such instances;
Amendment 209 #
2023/2113(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that this state of affairs is not merely an abstract conclusion but impacts the daily lives of EU citizens and businesses, as they experience e.g. an inefficient or non-independent judiciary, rampant corruption, and cannot access independent and quality journalism; highlights that this undermines trust in our democratic system based on the Rule of Law; Believes that restoring the respect for EU values across the Member States is thus not a luxury but rather an urgent and vital task to avoid the disintegration of our societies and Union; calls on the Commission, the Council and the European Council to fully acknowledge that democracy, the rule of law and fundamental rights are not national matters, but are a matter of direct concern for the European Union and its institutions;
Amendment 233 #
2023/2113(INI)
Motion for a resolution
Subheading 11 a (new)
Subheading 11 a (new)
Welcomes the Rule of Law report as a crucial cornerstone of the EU Rule of Law toolbox and commends the Commission for delivering a diligently researched and well-written report; Recalls that the Annual Rule of Law Report was introduced in response to the legislative initiative report of the European Parliament in 2016;37a __________________ 37a Texts adopted, P8_TA(2016)0409.
Amendment 234 #
2023/2113(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Recognises that the rule of law report has become a benchmark for the EU institutions’ work on rule of law issues in the EU and in specific Member States; acknowledges the Commission’s continuous commitment throughout the years to enhance the relevance of the report, such as by its inclusion of country -specific recommendations in the previous edition, and the assessment of their fulfilment in the current report; reiterates, however, that essential elements from the 2016 Parliament legislative initiative report have not been implemented yet;
Amendment 249 #
2023/2113(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Acknowledges the Commission’s effort to collect a wide range of consultations and inputs in each Member State, including from national authorities and civil society organisations; Calls on the Commission to expand this further and to, as much as possible, conduct on- site visits in Member States rather than virtual visits, as these could paint a fuller and more contextual picture of the local situation;
Amendment 250 #
2023/2113(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Welcomes the Commission decision to expand the geographical scope of the future Rule of Law reports to include candidate countries, in line with previous Parliament calls to do so; 38a __________________ 38a Texts adopted, P9_TA(2023)0094, pt. 11.
Amendment 251 #
2023/2113(INI)
Motion for a resolution
Paragraph 39 c (new)
Paragraph 39 c (new)
39c. Highlights the risk that the relevance of the annual Rule of Law report could weaken and its publishing and uptake could become more of a repetitive, technocratic exercise; Believes that the best way to avoid this is to continuously and ambitiously expand the scope, candour, and enforcement consequences of the report;
Amendment 29 #
2023/2087(INI)
E. whereas Mauritania despite having signed the 1951 Convention Relating to the Status of Refugees has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;
Amendment 56 #
2023/2087(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that any human rights violations by Frontex staff in Mauritania are cause for drawing into question the presence of Frontex personnel and should trigger a re-evaluation or suspension of the deployment of Frontex in Mauritania;
Amendment 58 #
2023/2087(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on Frontex not only to avoid all complicity in human rights violations by Mauritanian security forces, but also to denounce any such actions;
Amendment 68 #
2023/2087(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the inclusion of clear safeguards mechanisms in the Status Agreement to avoid the misuse of EU material support for migration control purposes by Mauritanian security forces;
Amendment 69 #
2023/2087(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Expresses concern on the impact of a status agreement on the freedom of movement in West Africa, most notably in Mauritania and the ECOWAS protocol on free movement in its neighbouring countries;
Amendment 86 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point c a (new)
Paragraph 3 – point 3.1 – point c a (new)
ca. Include clear guidelines and mechanisms on combatting corruption in all areas of cooperation between officers of the Agency and Mauritanian authorities and security forces;
Amendment 87 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point d
Paragraph 3 – point 3.1 – point d
d. include provisions aboutnd guarantees for adequate human rights protection and the Mauritanian authorities respecting fundamental rights during operations, in the status agreement, including sound options that will ensure accountability in the event of violations;
Amendment 90 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point d a (new)
Paragraph 3 – point 3.1 – point d a (new)
da. To provide assistance and capacity to Mauritanian authorities to develop a comprehensive legal asylum system based on fundamental rights and in line with the practices of the UNHCR;
Amendment 100 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
ea. Share regular assessments of joint operational activities with focus on fundamental rights;
Amendment 101 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)
Paragraph 3 – point 3.1 – point e b (new)
eb. For the Commission and the Agency to at all times uphold the highest standards of humanitarian law and fundamental rights its negotiations and communications on the status agreement with Mauritanian authorities;
Amendment 108 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding;
Amendment 111 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)
Paragraph 3 – point 3.2 – point a a (new)
aa. Include an adequate human rights monitoring mechanism of Frontex activities in the final Status Agreement;
Amendment 145 #
2023/2087(INI)
Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)
Paragraph 3 – point 3.2 – point e a (new)
ea. Include special guidelines for the processing of migrants and asylum seekers of especially vulnerable groups, most notably children, unaccompanied minors, women, LGBTQI+ persons and communities that face targeted violence or discriminatory prosecution in their country of origin;
Amendment 153 #
2023/2087(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, the signatories to the Cotonou Agreement between the European Union (EU) and the group of African, Caribbean and Pacific (ACP) countries and to the Government of Mauritania.
Amendment 15 #
2023/2082(INI)
Motion for a resolution
Recital A
Recital A
A. whereas LGBTIQ+ rights are fundamental rights and thereby an integral part of liberal democracy ;
Amendment 20 #
2023/2082(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas in 2022, the European Commission, together with the European Parliament and fifteen Member States, referred Hungary to the Court of Justice of the European Union over violations of LGBTIQ rights;
Amendment 27 #
2023/2082(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas systemic rivals of the European Union, such as Russia and China, attack LGBTIQ+ persons in their society and beyond with the goal to undermine liberal democracy;
Amendment 30 #
2023/2082(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s LGBTIQ Equality Strategy 2020-2025 and its recent Progress Report on the implementation of the Strategy;
Amendment 33 #
2023/2082(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Acknowledges the progress made for the implementation of the LGBTIQ Equality Strategy 2020-2025 while stressing that real equality for LGBTIQ+ persons in the EU is still far away from the actual reality;
Amendment 34 #
2023/2082(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the efforts by the European Commission to advance equality for LGBTIQ+ persons in all fields included in the Strategy; regrets that certain key actions originally envisaged by the Commission have not been implemented so far;
Amendment 35 #
2023/2082(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Welcomes the European Commission’s commitment to support Member States in their implementation of the Strategy, expresses deep concern about the disparity of openness to the Strategy between the Member States;
Amendment 45 #
2023/2082(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that access to healthcare should be offered as a free and timelytimely and accessible public service;
Amendment 47 #
2023/2082(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Emphasises the need for an inclusive and safe education for LGBTIQ+ persons in all Member States, especially for LGBTIQ+ youths;
Amendment 54 #
2023/2082(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses deep concern ovmphasises the need to consider the implications for LGBTIQ+ persons of the proposals included in the New Pact on Migration and Asylum; expresses concernwelcomes the ongoing consideration of these implications in the negotiations; underlines that trans and intersex persons must not face even more obstacles in the process of applying for asylum;
Amendment 61 #
2023/2082(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Condemns the impact hate crime and hate speech have on LGBTIQ+ persons, both offline and online; condemns the effect online platforms such as TikTok have in promoting anti- LGBTIQ+ content, censoring LGBTIQ+ content and breaching privacy rights of viewers of LGBTIQ+ content;
Amendment 70 #
2023/2082(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Regrets the lack of a cohesive overview of EU funding for LGBTIQ+ equality under the different programmes supporting the Strategy;
Amendment 75 #
2023/2082(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the Commission’s support of LGBTIQ+ activists in Ukraine, especially through the “direct award” modality since the start of the Russian invasion and war of aggression against Ukraine;
Amendment 89 #
2023/2082(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on Latvia to join the LGBTIQ Equality Subgroup set up under the High-Level Group on Nondiscrimination, Equality and Diversity - as the last Member State to do so after Cyprus recently expressed its interest - with the goal to enhance implementation of the LGBTIQ strategy in all Member States;
Amendment 90 #
2023/2082(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on all Member States to adhere to the Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality3a as prepared by the LGBTIQ Equality Subgroup; _________________ 3a https://commission.europa.eu/system/files/ 2022- 09/guidelines_for_strategies_and_action_ plans_to_enhance_lgbtiq_equality_2022fi nal16_05.pdf
Amendment 93 #
2023/2082(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to expand coverage of all healthcare services, allowing LGBTIQ+ persons to seek specific care to specific care for LGBTIQ+ persons, including sexual and reproductive health and technologies;
Amendment 99 #
2023/2082(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EU to give access to asylum to vulnerable LGBTIQ+ persons, including those from so-calledthird countries classified as safe countries;
Amendment 101 #
2023/2082(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on the European Commission to ensure support for LGBTIQ+ equality in action under the Asylum, Migration and Integration Fund, as announced in the LGBTIQ Equality Strategy 2020-2025, and include said support in the Work Programme 2023- 2025;
Amendment 102 #
2023/2082(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Calls on the European Union Agency for Asylum (EUAA) to swiftly finalise their practical guidance on applicants with SOGIESC and for Member States to then adhere to said guidance;
Amendment 116 #
2023/2082(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on the Member States to recognise marriage and parenthood of same-gender couples for the purposes of exercising rights derived from EU law, as required by the Court of Justice of the European Union;
Amendment 117 #
2023/2082(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Calls on the Member States to put in place accessible legal gender recognition legislation and procedures, with support of the Commission;
Amendment 119 #
2023/2082(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the Member States to implement the Council Recommendations on Pathways to School Success3b, and especially to include measures against the discrimination of LGBTIQ+ persons, particularly LGBTIQ+ youths, to ensure safe and inclusive education; _________________ 3b https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32022 H1209%2801%29&qid=1671106078506
Amendment 121 #
2023/2082(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Calls on the Commission to expand the Erasmus+ funding under the topic “Promoting LGBT+ equality” through active communication efforts in cooperation with the National authorities;
Amendment 124 #
2023/2082(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Calls on the Commission to instate a Special Representative for LGBTIQ+ Equality in the European External Action Service in order to ensure a horizontal implementation of the LGBTIQ Equality Strategy 2020-2025 abroad;
Amendment 128 #
2023/2082(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Commission to support candidate countries and potential candidate countries in the implementation of EU legislation, including in the field of LGBTIQ+ rights, and monitor their progress;
Amendment 132 #
2023/2082(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on the Commission to further improve their communication about funding opportunities to promote LGBTIQ+ equality, particularly in Member States were the equality has been confronted with setbacks;
Amendment 136 #
2023/2082(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on all Member States to self- assess their progress in implementing the LGBTIQ Strategy and share their results with the Commission and the Parliament;
Amendment 137 #
2023/2082(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Calls on all Member States to adopt national LGBTIQ+ action plans and strategies until 2025;
Amendment 144 #
2023/2082(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Commission to ensure that the next LGBTIQ+ Equality Strategy is accompanied by an implementation plan, a strong mainstreaming structure and resource allocation; to include a timeline and milestones, ensuring the monitoring, evaluation, accountability, and learning processes, including the consultation of LGBTIQ+ organisations;
Amendment 7 #
2023/0371(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Visa-free travel brings significant benefits to both the Union and third countries alike. The economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in this regard, is a cornerstone of its engagement with third countries.
Amendment 7 #
2023/0371(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Visa-free travel brings significant benefits to both the Union and third countries alike. The economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in this regard, is a cornerstone of its engagement with third countries.
Amendment 8 #
2023/0371(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of and security risks following from visa-free travel to the EU require a swift and adequate response. It is imperative that the Union is equipped to deal with these challenges accordingly.
Amendment 8 #
2023/0371(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of and security risks following from visa-free travel to the EU require a swift and adequate response. It is imperative that the Union is equipped to deal with these challenges accordingly.
Amendment 10 #
2023/0371(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) TFor this reason, the mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well asor the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries, and as a diplomatic tool following stark deterioration of external relations with relevant third countries.
Amendment 10 #
2023/0371(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) TFor this reason, the mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well asor the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries, and as a diplomatic tool following stark deterioration of external relations with relevant third countries.
Amendment 19 #
2023/0371(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The suspension mechanism should ensure a safeguard against threats to public order and security. This includes immediate risks to the Union’s internal security, such as terrorism, organised crime, cyber-attacks and trafficking in humans, drugs and arms. In regards to the external dimension of internal security, priorities identified by the European Multidisciplinary Platform against Criminal Threats (EMPACT) should be taken into account.
Amendment 19 #
2023/0371(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The suspension mechanism should ensure a safeguard against threats to public order and security. This includes immediate risks to the Union’s internal security, such as terrorism, organised crime, cyber-attacks and trafficking in humans, drugs and arms. In regards to the external dimension of internal security, priorities identified by the European Multidisciplinary Platform against Criminal Threats (EMPACT) should be taken into account.
Amendment 22 #
2023/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as referred to in Article 1(4)(b), first subparagraph, of the Crisis Regulation. Such threats to the public policy or internal security of the Member States arising from hybrid threats may also relate to clandestine foreign interference in political processes, cyber operations, and economic espionage.
Amendment 22 #
2023/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as referred to in Article 1(4)(b), first subparagraph, of the Crisis Regulation. Such threats to the public policy or internal security of the Member States arising from hybrid threats may also relate to clandestine foreign interference in political processes, cyber operations, and economic espionage.
Amendment 25 #
2023/0371(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third- country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. A lack of comprehensive security checks, vetting procedures and due diligence pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.
Amendment 25 #
2023/0371(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third- country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. A lack of comprehensive security checks, vetting procedures and due diligence pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.
Amendment 26 #
2023/0371(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The triggering of the suspension mechanism should be considered in the wider context of the Union’s relations with the relevant third country. Specific consideration should be paid to the Union's diplomatic and external relations with third countries. This includes considerations of human rights and fundamental freedoms, violations of bilateral agreements between the Union and third countries, hostile acts towards the Union or Member States and non- compliance or non-alignment with relevant Union sanctions.
Amendment 26 #
2023/0371(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The triggering of the suspension mechanism should be considered in the wider context of the Union’s relations with the relevant third country. Specific consideration should be paid to the Union's diplomatic and external relations with third countries. This includes considerations of human rights and fundamental freedoms, violations of bilateral agreements between the Union and third countries, hostile acts towards the Union or Member States and non- compliance or non-alignment with relevant Union sanctions.
Amendment 29 #
2023/0371(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a risk of a substantial increase in the number of third- country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.
Amendment 29 #
2023/0371(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a risk of a substantial increase in the number of third- country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.
Amendment 32 #
2023/0371(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or overstaying the visa-free period, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.
Amendment 32 #
2023/0371(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or overstaying the visa-free period, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.
Amendment 34 #
2023/0371(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months but no longer than twelve months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism.
Amendment 34 #
2023/0371(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months but no longer than twelve months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism.
Amendment 38 #
2023/0371(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806., The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should consider reportingSystemic monitoring and reporting shall be done on the basis of data provided by EU Agencies as data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN). The Commission should ensure that each third country listed in Annex II is monitored and reported on at least every four years. Furthermore, the Commission should report on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.
Amendment 38 #
2023/0371(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806., The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should consider reportingSystemic monitoring and reporting shall be done on the basis of data provided by EU Agencies as data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN). The Commission should ensure that each third country listed in Annex II is monitored and reported on at least every four years. Furthermore, the Commission should report on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.
Amendment 45 #
2023/0371(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism, imperative grounds of urgencywhere a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and require exps immediated action, in particular to prevent any abuse of visa-free travel causing a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States.
Amendment 45 #
2023/0371(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism, imperative grounds of urgencywhere a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and require exps immediated action, in particular to prevent any abuse of visa-free travel causing a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States.
Amendment 47 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) Article 7 point (d) is replaced by the following: (d) the Commission shall, when considering further steps in accordance with point (e) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;
Amendment 47 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) Article 7 point (d) is replaced by the following: (d) the Commission shall, when considering further steps in accordance with point (e) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;
Amendment 50 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The suspension mechanism may be triggered on one or more of the following grounds:
Amendment 50 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The suspension mechanism may be triggered on one or more of the following grounds:
Amendment 51 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point a
Article 8a – paragraph 1 – point a
(a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry or ,found to be staying in a Member State’s territory without a right to do so, or overstaying the visa-free period;
Amendment 51 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point a
Article 8a – paragraph 1 – point a
(a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry or ,found to be staying in a Member State’s territory without a right to do so, or overstaying the visa-free period;
Amendment 68 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point f
Article 8a – paragraph 1 – point f
(f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a risk of a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;
Amendment 68 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point f
Article 8a – paragraph 1 – point f
(f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a risk of a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;
Amendment 70 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point fa (new)
Article 8a – paragraph 1 – point fa (new)
(f a) a severe deterioration in the Union’s external relations with a third country listed in Annex II, exampled by the non-alignment of the criteria listed in Article 1 of this Regulation;
Amendment 70 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point fa (new)
Article 8a – paragraph 1 – point fa (new)
(f a) a severe deterioration in the Union’s external relations with a third country listed in Annex II, exampled by the non-alignment of the criteria listed in Article 1 of this Regulation;
Amendment 75 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 75 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 85 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 43%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
Amendment 85 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 43%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
Amendment 91 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point b
Article 8a – paragraph 5 – point b
(b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement, or otherwise creating persisting practical obstacles regarding the execution of readmission decisions;
Amendment 91 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point b
Article 8a – paragraph 5 – point b
(b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement, or otherwise creating persisting practical obstacles regarding the execution of readmission decisions;
Amendment 94 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 2018/1806
Article 8a – paragraph 5 – point c
Article 8a – paragraph 5 – point c
(c) terminating or suspend, suspending or otherwise undermining the readmission agreement concluded between a third country listed in Annex II and the Union.
Amendment 94 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 2018/1806
Article 8a – paragraph 5 – point c
Article 8a – paragraph 5 – point c
(c) terminating or suspend, suspending or otherwise undermining the readmission agreement concluded between a third country listed in Annex II and the Union.
Amendment 96 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1
Article 8b – paragraph 1
1. A Member State may notify the Commission if it is confronted, over a period of at least two but no longer than twelve months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).
Amendment 96 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1
Article 8b – paragraph 1
1. A Member State may notify the Commission if it is confronted, over a period of at least two but no longer than twelve months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).
Amendment 108 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
Amendment 108 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
Amendment 113 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8c – paragraph 1a (new)
Article 8c – paragraph 1a (new)
1 a. In its monitoring and analysis, the Commission shall be informed by the European Border and Coast Guard, the European Union Agency for Asylum, the European Union Agency for Law Enforcement Cooperation (Europol) or any other relevant institution, body, office or agency of the Union. It shall also take into account data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN).
Amendment 113 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8c – paragraph 1a (new)
Article 8c – paragraph 1a (new)
1 a. In its monitoring and analysis, the Commission shall be informed by the European Border and Coast Guard, the European Union Agency for Asylum, the European Union Agency for Law Enforcement Cooperation (Europol) or any other relevant institution, body, office or agency of the Union. It shall also take into account data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN).
Amendment 115 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1
Article 8d – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 115 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1
Article 8d – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 116 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1a (new)
Article 8d – paragraph 1a (new)
1 a. The Commission shall conduct this reporting periodically, thereby ensuring that each third country shall be reported on at least once within a four- year period.
Amendment 116 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1a (new)
Article 8d – paragraph 1a (new)
1 a. The Commission shall conduct this reporting periodically, thereby ensuring that each third country shall be reported on at least once within a four- year period.
Amendment 117 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1b (new)
Article 8d – paragraph 1b (new)
1 b. For those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries.
Amendment 117 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1b (new)
Article 8d – paragraph 1b (new)
1 b. For those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries.
Amendment 118 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1c (new)
Article 8d – paragraph 1c (new)
1 c. Whenever the Commission considers it necessary, it shall report on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 118 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1c (new)
Article 8d – paragraph 1c (new)
1 c. Whenever the Commission considers it necessary, it shall report on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 119 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 2
Article 8d – paragraph 2
2. The Commission shall also report, whenever it considers it to be necessary, or upon request by the European Parliament or by the Council, on third countries listed in Annex II other than the ones referred to in paragraph 1 of this Article.
Amendment 119 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 2
Article 8d – paragraph 2
2. The Commission shall also report, whenever it considers it to be necessary, or upon request by the European Parliament or by the Council, on third countries listed in Annex II other than the ones referred to in paragraph 1 of this Article.
Amendment 127 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, where a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and requires immediate action, the Commission shallmay adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of maximum three months. If within this period, the Commission decides on the basis of the examination referred to in Article 8c, that further action is needed, it may adopt an implementing act in accordance with the procedure referred to in Article 8e(1), at the latest one month before the expiry of the three-month period. The total duration of the period of visa suspension of the immediately applicable implementing act and the implementing act shall not exceed 12 months.
Amendment 127 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, where a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and requires immediate action, the Commission shallmay adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of maximum three months. If within this period, the Commission decides on the basis of the examination referred to in Article 8c, that further action is needed, it may adopt an implementing act in accordance with the procedure referred to in Article 8e(1), at the latest one month before the expiry of the three-month period. The total duration of the period of visa suspension of the immediately applicable implementing act and the implementing act shall not exceed 12 months.
Amendment 128 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months. In such cases, the Commission shall inform the Council and Parliament openly, comprehensively, and consistently throughout the procedure.
Amendment 128 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months. In such cases, the Commission shall inform the Council and Parliament openly, comprehensively, and consistently throughout the procedure.
Amendment 129 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 3
Article 8e – paragraph 3
3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
Amendment 129 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 3
Article 8e – paragraph 3
3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
Amendment 148 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 148 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 168 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 168 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 182 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
Amendment 182 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
Amendment 207 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 207 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 241 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain interest for late payment as a precondition for making payments.
Amendment 263 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1 as a precondition for making payments.
Amendment 308 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for thensure adequate and effective enforcement of this Regulation (‘enforcement authority’).
Amendment 309 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.
Amendment 317 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 323 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 328 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 332 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 338 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 356 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 37 #
2023/0264(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. In the context of the European electoral year, reiterates the importance for direct funding for cities to implement EU programmes locally, as it will allow increased support for project applications, and gain higher visibility on EU priorities and EU programmes such as forthe fight against climate change, or to promote the Rule of Law;
Amendment 40 #
2023/0264(BUD)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the essential work carried out by decentralised agencies; considers that agencies must be properly staffed and adequately resourced so that they can perform their tasks; recalls that the tasks of agencies evolve in line with policy priorities and stresses that new responsibilities must be accompanied by corresponding levels of fresh resources;
Amendment 80 #
2023/0264(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the importantessential role played by the decentralised agencies active under this heading; proposes to increase appropriations and staffing for the European Union Agency for Cybersecurity and the European Union Agency for the Cooperation of Energy Regulators in line with their identified needs and expanding mandates;
Amendment 84 #
2023/0264(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the key role cohesion policy plays in delivering on EU policy priorities and boosting the EU economy by contributing to fair and sustainable growth and development, promoting economic and social convergence between countries and regions, supporting the green and digital transitions, and fostering innovation and employment; calls on the Commission and the Member States to accelerate implementation of cohesion policy to ensure its timely absorption, especially in light of the additional implementation pressure posed by Next Generation EU; notes that the Union might be required to mobilise the money already available under the cohesion policy but not used to face critical shortages and dependencies in other programmes;
Amendment 86 #
2023/0264(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of adequate funding for programmes under Heading 2a in order to ensure that regional policy, as the EU’s main investment policy, delivers on its objectives; notes, however, the low absorption rate of the available funds for the regional policy in the Multiannual Financial Framework 2014-2020; expects the absorption rate for the Multiannual Financial Framework 2021-2027 to be even lower due to the additional pressure created by funds available under Next Generation EU; underlines that local and regional authorities are key to ensuring effective implementation of EU programmes and calls for the local and regional level, on the one hand, and the EU level, on the other, to be strengthened, including through adequate financing for relevant actions and institutions;
Amendment 89 #
2023/0264(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Accepts the Council position with respect to Heading 2a; nevertheless acknowledges that cuts of commitment appropriations might not be avoidable in future annual budgets due to low absorption capacities; therefore notes that future redeployments benefitting other headings with little to no flexibility promise to create a more honest, responsible and effective use of Union funds;
Amendment 97 #
2023/0264(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Points, in this regard, to the flagship Erasmus+ and European Solidarity Corps (ESC) programmes, which play a vital role in supporting learning mobility opportunities, improving people’s skills and employability and promoting social inclusion; emphasises that both programmes aim to boost participation rates among people with fewer opportunities - an objective that is challenged by soaring inflation and the increased cost of living; calls also on Member States to reassess scholarship amounts in the light of the high inflation; is committed to ensuring that Erasmus+ does not become a de facto selective programme open only to those who can afford to participate and recalls that the Commission is required to put in place financial support measures for people with fewer opportunities; proposes, therefore, an increase of EUR 100 million for Erasmus+ and EUR 2 million for the ESC above DB specifically to ensure the programmes are accessible for all;
Amendment 100 #
2023/0264(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the importance of a stronger Health Union and enhanced preparedness in post-pandemic Europe, as well as the need to better understand and treat long COVID; highlights the vital role that the EU4Health programme plays in this respect, as well as in supporting actions to achieve universal health coverage across the Union, encompassing quality access to sexual and reproductive health services; proposes, therefore, to increase the programme’s appropriations by EUR 20 million above DB, including to help offset redeployments towards the European Health Emergency and Response Authority;
Amendment 102 #
2023/0264(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is alarmed by the growing impact of natural disasters in Europe and its neighbourhood and concerned about the EU’s ability to respond effectively; underlines that these disasters are often linked to climate change and are therefore likely to occur with greater frequency and intensity in the future; is concerned about the EU’s ability to respond effectively; increases, therefore, appropriations for the Union Civil Protection Mechanism by EUR 20 million above DB in order to ensure an effective response and protect human lives, to enhance the Union’s response capacity and better protect its citizens, including capacities for the mobilisation of medical units in emergencies, and underlines the need to invest in climate mitigation and adaptation for particularly vulnerable regions; ;
Amendment 105 #
2023/0264(BUD)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underscores that soaring energy prices and inflation, following on from the COVID-19 pandemic, have had a significant impact on the cultural and creative sectors, which are often made up of small organisations and individual artists; emphasises the key role that Creative Europe plays in supporting European creations and Union values as well as the recovery of the cultural and creative sectors, fostering media literacy and combatting disinformation; recalls that free press and media pluralism have been under attack in the European Union and that the digital shift creates additional hurdles for a diverse field of media to flourish, which leads the Union to significantly strengthen its support for pluralistic media as the essential basis for a functioning democracy; proposes, therefore, to increase financing for the Creative Europe programme by EUR 25 million above DB, with EUR 15 million for the Culture strand and EUR 10 million for the Cross-Sectoral strand, which plays a vital role in tackling disinformation and promoting media literacy;
Amendment 115 #
2023/0264(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls the importantessential role played by the decentralised agencies under Heading 2b; increases funding and staffing levels for the European Institute for Gender Equality, the European Labour Authority and the European Union Agency for Criminal Justice Cooperation in line with the agencies’ identified needs; proposes, furthermore, to reinforce the European Public Prosecutor’s Office in terms of financing and staff to allow the body to fulfil its duties andUnderlines the importance of protecting the Union budget against fraud, corruption and other prohibited conduct, which adversely affect the Union and national budgets; stresses, in this regard, the central role that the European Public Prosecutor’s Office (EPPO) plays in protecting the Union’s financial interests, including with respect to the use of NextGenerationEU funds, and ensuring compliance with the rule of law; decides, therefore, to apply targeted reinforcements to the EPPO and increase its staffing levels to allow the body to fulfil its mandate, thereby reinforcing efforts against fraud, corruption, money laundering and organised crime; calls on all the Member States to join the EPPO and ensure a better protection of the Union’s financial interests; recalls the importance of compliance with the general regime of conditionality for the protection of the Union budget;
Amendment 132 #
2023/0264(BUD)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Stresses that the war has vastly increased pressure on asylum systems in the Member States and that the Union must provide longer-term support to the host Member States to address the ever increasing pressure on national asylum and migration systems, including at the external borders, due to a rise of applications for international protection in the Member States and the exceptional support of the EU to host refugees from Ukraine; stresses moreover that a strong budget is necessary for the reception of asylum seekers and the integration of refugees in their host societies, as well as for strengthening the effective returns of migrants with no right to stay in the EU, and other actions that need a coordinated response, such as resettlement or legal pathways; further stresses that a stronger AMIF budget is a key determinant for the successful implementation of the New Pact on Migration and Asylum the adoption of which is expected before the end of this mandate; reiterates the need to facilitate the reception and integration of refugees from Ukraine, and to help face the recent migration trends via the Mediterranean route and anticipate the financial implications of a timely agreement on the Pact on Asylum and Migration (AMIF); decides, therefore, to reinforce the Asylum, Migration and Integration Fund by EUR 110 million above DB in 2024 given AMIF’s positive contribution in providing immediate support to refugees;
Amendment 167 #
2023/0264(BUD)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Reiterates its commitment to the international dimension of Erasmus+, whichin line with the need identified by the Commission to provide support to Ukrainian students and teaching staff, as well as to all students to cope with high inflation; recalls that Erasmus + enables learning mobility exchanges with partner countries around the world; increases, therefore, appropriations for the international dimension of Erasmus+ by EUR 10 million above DB, split evenly between the NDICI and IPA III; underlines that these appropriations will also help to flatten the heavily back loaded financial profile of Erasmus+, providing more consistent annual financing for a programme with stable year-on-year demand; calls also on Member States to reassess scholarship amounts in the light of the high inflation;
Amendment 175 #
2023/0264(BUD)
Motion for a resolution
Paragraph 72 – point c
Paragraph 72 – point c
(c) increase the establishment plans above the DB with the corresponding appropriations in line with the institutions’ requests for the European Data Protection Supervisor and European Data Protection Board to enable them to face new responsibilities and partially in line with the institutions’ requests for the European Committee of the Regions to enhance cybersecurity capabilities and the European External Action Service to enhance primarily cybersecurity and the fight against disinformation, and also to implement the Strategic Compass, and strengthen the crisis response centrer and enhance cybersecurity and the fight against disinformation.
Amendment 25 #
2023/0201(APP)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Recalls its position that pre-allocated national envelopes should not be adjusted in the MFF revision; welcomes, therefore, the decision to leave pre-allocated national envelopes untouched and not to take them into account in the mechanism for covering the NGEU borrowing costs shortfall; deplores, howeverDraws attention to the difficulties Member States face in absorbing all EU funding in due time, especially under cohesion policy; welcomes, therefore, the cuts to direct management actions under cohesion policy (-EUR 0.4 billion) and the Common Agricultural Policy (-EUR 0.7 billion), thus reducing the full potential and impact of those ac as a pragmatic decision to decrease the burden of taxpayers in times of high inflations;
Amendment 25 #
2023/0201(APP)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Recalls its position that pre-allocated national envelopes should not be adjusted in the MFF revision; welcomes, therefore, the decision to leave pre-allocated national envelopes untouched and not to take them into account in the mechanism for covering the NGEU borrowing costs shortfall; deplores, howeverDraws attention to the difficulties Member States face in absorbing all EU funding in due time, especially under cohesion policy; welcomes, therefore, the cuts to direct management actions under cohesion policy (-EUR 0.4 billion) and the Common Agricultural Policy (-EUR 0.7 billion), thus reducing the full potential and impact of those ac as a pragmatic decision to decrease the burden of taxpayers in times of high inflations;
Amendment 76 #
2023/0200(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since the beginning of Russia’s unprovoked and unjustified war of aggression against Ukraine on 24 February 2022, the Union, its Member States and European financial institutions have mobilised unprecedented support to Ukraine’s economic, social and financial resilience, combining support from the Union budget, including the exceptional macro-financial assistance and support from the European Investment Bank and the European Bank for Reconstruction and Development, fully or partially guaranteed by the Union budget, as well as further financial support by Member States. In addition to this comes the continuous support provided by the authorities, communities and volunteers’ groups within the Member States in relation to Ukrainian war refugees.
Amendment 79 #
2023/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Given that as long as the Russian war in Ukraine lasts, tax revenues collected by the Ukrainian government will continue to be largely allocated to the war effort, and that a residual gap remains in Ukraine’s financing needs for at least until 2027, significant and flexible support to the Ukrainian government to maintain its functions as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised quickly.
Amendment 80 #
2023/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Given that a residual gap remains in Ukraine’s financing needs for at least until 2027, flexible support to the Ukrainian government to maintain its functions and guarantee basic public services, as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised.
Amendment 85 #
2023/0200(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country with a strong market economy, anchored in European values, well integrated into the European and global economy, and progressing well on its path of accession to the European Union.
Amendment 86 #
2023/0200(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing wactivelly on its path of accession to the European Union.
Amendment 90 #
2023/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine, with the consultation of Verkhovna Rada and representatives of civil society organisations, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, clearly articulated with Union accession requirements.
Amendment 102 #
2023/0200(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union perspective, by linking financial support to the fulfilment of reforms and investments in view of accession without unduly restricting access to essential financial aid in times of war.
Amendment 105 #
2023/0200(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The medium-term perspective provided by the Ukraine Plan through a single instrument should also encourage Ukraine to channel investments and reforms toward the transition to a green, digital and inclusive economy, and help mobilise like-minded donors for multiannual contributions to support Ukraine, as well as to mobilise private investments.
Amendment 111 #
2023/0200(COD)
(22) The Union should also foster close consultation and association of local authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as their participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local level. The Union should recognise the multiple roles played by the local authorities as promoters of a territorial approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local authorities’ capacity building, as well as provision of expertise necessary for the implementation of projects under this Facility.
Amendment 118 #
2023/0200(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Article 49 of the Treaty on European Union provides that any European State which respects the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and is committed to promoting those values may apply to become a member of the Union. Those values are common to Member States in a society in which inclusiveness, pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Amendment 137 #
2023/0200(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance. The measures financed under this Facility should involve war veterans, persons with disabilities and organisations which represent vulnerable groups.
Amendment 143 #
2023/0200(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption (and notably grand corruption, understood as the abuse of high-level power that benefits the few, and causes serious and widespread harm to individuals and society1a), money laundering and organised crime, as well as transparency, good governance at all levels, safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible. _________________ 1a ECA special report 23/2021: "Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results"
Amendment 147 #
2023/0200(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with the principle of participatory democracy, the Union should encourage the strengthening of parliamentary capacities, parliamentary oversight, democratic procedures and fair representation in Ukraine. The Verkhovna Rada of Ukraine is expected to be informed and consulted at all the stages of the Facility life-cycle.
Amendment 157 #
2023/0200(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The general objectives of the Ukraine Facility should be to assist Ukraine in addressing the social, economic and environmental consequences of the war, contributing to the reconstruction, including recovery, and modernisation of the country; in fostering social, economic and environmental resilience and progressive integration into the Union and global economy and markets; and in preparing Ukraine for future membership of the Union by supporting its accession process. Such objectives should be pursued in a mutually reinforcing manner and with a regular monitoring of the evolving social and economic circumstances in Ukraine. Ukraine is expected to guarantee public access to the information on funding opportunities under this Facility, as well as free and fair competition during tendering process and grant allocation under this Facility.
Amendment 165 #
2023/0200(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups, including orphans, persons with disabilities and war veterans, and improving living standards. The Facility should also contribute to fighting poverty and homelessness and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.
Amendment 170 #
2023/0200(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) For the scope of this Facility, the assets confiscated in the context of Russian aggression against Ukraine under the directive on asset recovery and confiscation and the directive on the definition of criminal offences and penalties for the violation of Union restrictive measures should be used in the form of grants in order to contribute to the rebuilding and reconstruction in Ukraine. The Union and its Member States are working towards establishing a legal basis for the confiscation of Russian public assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression. The monetary value of the revenue resulting from the asset recovery should come on top and in addition to the resources already available under this Facility.
Amendment 175 #
2023/0200(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Possible revenues resulting from the interest rates obtained through the use on international financial markets of the immobilised state immunities of Russia should be used for the purpose of rebuilding and reconstruction in Ukraine. Such resources come on top and in addition to the resources already available under this Facility and shall be used in the form of grants.
Amendment 176 #
2023/0200(COD)
Proposal for a regulation
Recital 46 c (new)
Recital 46 c (new)
(46c) Following the termination of Russia’s aggression against Ukraine and the conclusion of court decisions on the responsibilities of the Russian state as the aggressor party, Russia will be expected to pay the reparations in order to ensure that it makes a substantial contribution to the reconstruction of Ukraine.
Amendment 189 #
2023/0200(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU should apply to this Regulation. Those rules are laid down in Regulation (EU, Euratom) 2018/1046 and determine in particular the procedure for establishing and implementing the budget through grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts, and provide for checks on the responsibility of financial actors. To ensure fair and inclusive implementation of the Facility, Ukraine should guarantee open and timely access to the information on funding opportunities, calls for tenders and selection procedures of the personnel.
Amendment 191 #
2023/0200(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) The Framework agreement will also include the provisions on the public communication on the objectives of the Facility, opportunities available under the Facility, the implementation progress and the highlights on achievements. Such communication should be provided to the public in Ukraine in a form which is easily accessible, understandable and respectful of the special needs of persons with disabilities. Objective, regular and timely information on the Facility is necessary for its successful implementation and its ownership by different society groups in Ukraine. All communication efforts should be accompanied by the statements ‘Funded by the people of the European Union’ or ‘Co-funded by the people of the European Union’ next to the emblem of the Union.
Amendment 201 #
2023/0200(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, when usand to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. The Plan should also contain provisions on fair competition during public tender procedures. It should as well display the modalities to mark the projects with appropriate emblems or other distinctive signs, so as to highlight the role of this Facility in their implementation.
Amendment 202 #
2023/0200(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, corruption and notably grand corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. Compliance with this plan will be instrumental to both preserve the financial interests of the Union and integrate the acquis communautaire into Ukraine's internal legal order, which will actively bring Ukraine closer to EU membership.
Amendment 206 #
2023/0200(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Given the uncertainties and the need for flexibility in the implementation of the Facility, it should be possible for Ukraine to make a reasoned request to the Commission to make a proposal to amend the Council implementing decision, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances related to the war. The Commission may, in agreement with Ukraine, also make a proposal to amend the Council implementing decision, in particular to take into account a change of the amounts available. Ukraine should also be able to make a reasoned request to amend the Plan, including by proposing addenda where relevant, to take into account additional funding available from other donors or from other sources, such as revenue generated on frozen and immobilised Russian assets.
Amendment 209 #
2023/0200(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, subject to availability of funding, based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions. The disbursement of the corresponding withheld funds could take place during the nexa subsequent payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.
Amendment 213 #
2023/0200(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) Transparency in the implementation of the Facility is an important requirement of Union support. Ukraine should publish twice a year data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 500 000 for the implementation of reforms and investments specified in the Ukraine Plan. The information should not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. The framework agreement should include precise rules and a timeframe on the collection of data by Ukraine and the access for the Commission and OLAF, OLAF and, where applicable, the European Public Prosecutor’s Office (EPPO), including as regards the format of the information.
Amendment 222 #
2023/0200(COD)
Proposal for a regulation
Recital 87
Recital 87
(87) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council and Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939 and Directive (EU) 2017/1371 of the European Parliament and of the Council, the financial interests of the Union are to be protected by means of proportionateffective measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruption, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. , and measures to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility.
Amendment 224 #
2023/0200(COD)
Proposal for a regulation
Recital 87 a (new)
Recital 87 a (new)
(87a) Whereas, in accordance with Regulation (EU) 2017/1939, the European Public Prosecutor Office is competent in respect of the criminal offences affecting the financial interests of the Union, even if the main criminal conduct takes place outside the European Union, subject to extraterritorial jurisdiction of a participating EPPO Member State over an offence affecting the Union’s financial interests (such as when the damage takes place on its territory; when the offence is committed by an EU official; or by a national or a permanent resident of the participating Member State; or the offence is committed for the benefit of a legal person established in its territory), it is essential, in accordance with Article 24(1) of that Regulation, that the European Commission, the Audit Board and OLAF report to the EPPO, without undue delay, any criminal conduct affecting the funds awarded under this Regulation, with a view to EPPO assessing its competence and, if appropriate, initiating an investigation. It is furthermore essential that Ukrainian competent authorities treat, without delay, mutual legal assistance requests and extradition requests issued by EPPO and Member States’ competent authorities in relation to these funds, in accordance with relevant instruments concerning international cooperation in criminal matters.
Amendment 226 #
2023/0200(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to carry out administrative investigations, including on- the-spot checks and inspections, with a view to detecting and establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union and to reporting any criminal conduct to the European Public Prosecutor Office, in accordance with Article 24(1) of Regulation (EU) 2017/1939.
Amendment 229 #
2023/0200(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant, including from third parties involved in the implementation of Union funds. Ukraine should also report irregularities in relation to the use of the funds to the Commission. In addition, where applicable, the competent Ukrainian authorities should also report any criminal conduct in relation to the funds to the EPPO.
Amendment 236 #
2023/0200(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF, EPPO and where appropriate to the relevant Ukrainian authorities, in particular the Accounting Chamber of the Verkhovna Rada. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 240 #
2023/0200(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
Amendment 241 #
2023/0200(COD)
Proposal for a regulation
Recital 92
Recital 92
(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused. Ukraine should also commit in the Plan to improve detection, investigation and prosecution of criminal offences affecting the funds provided under the Facility. In that regard, Ukraine should commit to ensure that the competent Ukrainian authorities would treat, without delay, mutual legal assistance requests and extradition requests issued by the EPPO and Member States’ competent authorities.Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, in relation to the measures supported byand allowing to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access to, adequate data and information on persons and entities receiving funding for the implementation of measures of the Ukraine Plan.
Amendment 249 #
2023/0200(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) The Commission should assess each year the implementation of support under the Ukraine Facility. It should allow the Committee established by this Regulation to have adequate information to assist the Commission. This information shall also be made availabe to the European Parliament. For the effective monitoring of implementation, Ukraine should report once a year in an annual progress report on the implementation. Such reports prepared by the government should be appropriately reflected in the Ukraine Plan. Proportionate reporting requirements should be imposed on recipients of Union funding implemented under the second and third pillars of the Facility.
Amendment 266 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, convergence towards the Union’s economic standards, prosperity and sustainability.
Amendment 271 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming fromaggravated by the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, orphans, disabled people, minorities and other vulnerable persons; help to build inclusive and accessible communities in particular with community-based care for children and persons with disabilities; contribute to the demining effort;
Amendment 287 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality as well as the respect for children's rights; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; reinforce fair economic competition policy; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 294 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption and grand corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 295 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) create the conditions for Ukrainian Internally Displace Persons and persons under temporary protection to come back home and get reintegration into the social and economic life of the country;
Amendment 296 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(db) create conditions for the reintegration of children and youth, including through the educational programmes supported by the EU so as to fill where necessary the educational gap resulting from the war circumstances; address the needs of young war veterans by providing opportunities for social integration and tackling war-caused traumas;
Amendment 300 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) support cross-border cooperation with EU Member States bordering with Ukraine in the areas such as trade, environment protection, fight against international crime.
Amendment 313 #
2023/0200(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In line with the principle of inclusive partnership, where appropriate, the Commission shall strive to ensure that relevant stakeholders, including local and regional authorities, social partners and civil society organisations, are duly consulted and have timely access to relevant information to allow them to play a meaningful role during the design and implementation of activities eligible for funding under this Facility, and in the related monitoring processes. For this purpose, the Commission shall encourage the efforts for more accessibility and inclusiveness of different communities in Ukraine. The Commission shall ingive particular attention to the participation of women in consultations, as well as the inclusion of vulnerable groups, such as war veterans and persons with disabilities. The Commission shall in particular promote the involvement of regional, local, urban and other public authorities, in accordance with the multi-level governance principle and taking into account a bottom-up approach. The Commission shall encourage coordination among the relevant stakeholders.
Amendment 316 #
2023/0200(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission, in cooperation with the Member States and Ukraine, shall contribute to the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making information on the volume and allocation of assistance available through web-based databasesa single webportal, and shall ensure that data is comparable and can be easily accessed, shared and published. The data available in this webportal shall be accessible to the European Parliament and the Verkhovna Rada of Ukraine.
Amendment 338 #
2023/0200(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The resources referred to in point paragraphs 1(d) and 4 may be used for technical and administrative assistance for the implementation of the Facility, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular trainings, studies, meetings of experts, consultations with the Ukrainian authorities, conferences, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management and costs of the Facility at headquarters and in Union delegations. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.
Amendment 342 #
2023/0200(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 a (new)
Article 7 – paragraph 1 – subparagraph 2 a (new)
Additional amounts received as a result of asset confiscation in the context of Russian aggression against Ukraine and relevant sanction violation shall be added to the resources referred to in Article 6. These additional amounts should contribute to the Facility and be used in the form of grants, coming on top and in addition to the resources avalable under this Facility.
Amendment 343 #
2023/0200(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 b (new)
Article 7 – paragraph 1 – subparagraph 2 b (new)
In principle, and subject to respect for applicable rules of customary international law, the proceeds obtained from managing of assets confiscated from the Russian Federation and the Republic of Belarus, may also be received as additional amounts as external assigned revenue within the meaning of Regulation (EU, Euratom) 2018/1046, under any relevant Union legal act to be adopted in future. The use of proceeds shall be envisaged under this Facility under the condition that it does not slow down or impede the use of confiscated assets for this Facility.
Amendment 349 #
2023/0200(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, investigate and correct irregularities, fraud, corruption and conflicts of interest and to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility.
Amendment 352 #
2023/0200(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) the commitment of Ukraine to progress towards more efficient and effective control systems, anda robust legal framework to fight fraud by means of criminal law, more efficient and effective control systems, including appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflict of interests as well as to strengthen the fight against money laundering, organised crime, terrorism financing, tax avoidance, tax fraud or tax evasion;, and other illegal activities affecting the funds provided under the Facility.
Amendment 354 #
2023/0200(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) the activities related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, as well as detections, investigations, prosecutions, anti- fraud measures and cooperation, including mutual legal assistance in criminal matters and extradition;
Amendment 357 #
2023/0200(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point f
Article 9 – paragraph 4 – point f
(f) the obligation for persons or entities implementing Union funds under the Facility to notify without delay the Audit Board, the Commission and, OLAF without delayand, where applicable, the EPPO, of suspected or actual cases of irregularities, fraud, corruption, and conflict of interests, and other illegal activities affecting the funds provided under the Facility and their follow-up;.
Amendment 360 #
2023/0200(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point h
Article 9 – paragraph 4 – point h
(h) the obligations referred to in Article 33(2), including precise rules and timeframe on collection of data by Ukraine and access for the Commission and OLAF;, OLAF and, where applicable, direct reporting to the EPPO.
Amendment 397 #
2023/0200(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when usas well as to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors; , as well as to ensure swift judicial cooperation with competent authorities of the EU and its Member States.
Amendment 398 #
2023/0200(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, fraud, corruption and grand corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors;
Amendment 403 #
2023/0200(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. At the request of the government of Ukraine, the Commission shall provide a one-time technical and administrative assistance based on already existing programmes, with the view to accelerating the preparation of the Plan. Ukraine may submit a draft Plan to the Commission.
Amendment 405 #
2023/0200(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by Ukraine, with the consultation of relevant committees of the Verkhovna Rada of Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. Ukraine may submit a draft Plan to the Commission.
Amendment 408 #
2023/0200(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The preparation and implementation of the Ukraine Plan shall be done in consultation with regional, local, urban and other public authorities, including relevant ministerial departments, as well as civil society organisations, in accordance with the multi-level governance principle and taking into account a bottom-up approach.
Amendment 428 #
2023/0200(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) whether the arrangements proposed by Ukraine are expected to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when usas well as, to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility, and are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors.
Amendment 433 #
2023/0200(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Where the Commission gives a negative assessment to the Ukraine Plan, it shall communicate a duly justified assessment within two months of the submission of the proposal by Ukraine. Following an invitation from the European Parliament, the Commission shall meet with the competent committees to inform about the reasons for the negative assessment, as well as to outline possible recommendations for the improvement and modification of the Ukraine Plan. Relevant and substantial information shall be transmitted by the Commission to the European Parliament and the Council simultaneously and on equal terms at least five working days ahead of the meeting.
Amendment 441 #
2023/0200(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstancesand initially unforeseeable circumstances related to the war, Ukraine may propose an amended Ukraine Plan. In that case, Ukraine may make a reasoned request to the Commission to make a proposal to amend all or part of the Council implementing decision referred to in Article 19(1).
Amendment 446 #
2023/0200(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. The Commission shall transmit to the European Parliament and the Council, simultaneously, the following elements every 6 months: (a) a general overview on the development of the debts situation in Ukraine; (b) the amount of the loan in EUR; (c) the average maturity; (d) the pricing formula, and the availability period of the loan; (e) the maximum number of instalments and a clear and precise repayment schedule.
Amendment 448 #
2023/0200(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. The loan agreement shall be transmitted simultaneously to the European Parliament and the Council, as well as to the Verkhovna Rada of Ukraine.
Amendment 456 #
2023/0200(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 468 #
2023/0200(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The Commission shall prepare, in close cooperation with the Ukrainian authorities, a register of companies under oligarchic influence identified as potentially hampering free and fair competition on the market. Entities identitied on this register will not be eligible to receive funds under the Facility. This register will be prepared within six months after the entry into force of the regulation and updated quarterly.
Amendment 470 #
2023/0200(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The operational board of the Ukraine Investment Framework shall comprise representatives of the Commission, of each Member State, the European Parliament, and representatives of Ukraine, including representatives of the Verkhovna Rada. Counterparts implementing the Ukraine Guarantee and financial instruments supported by the Ukraine Investment Framework may be given observer status. The Commission shall chair the operational board.
Amendment 476 #
2023/0200(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The eligible counterparts for the purposes of the Ukraine Guarantee and the eligible entrusted entities for the purpose of financial instruments shall be those identified in Article 208(4) of Regulation (EU, Euratom) 2018/1046, including those from third countries contributing to the Ukraine Guarantee in accordance with Article 28 of this Regulation. In addition, by way of derogation from Article 62(1), point (c), of Regulation (EU, Euratom) 2018/1046, bodies governed by private law of a Member State, or a third country which has contributed to the Ukraine Guarantee in accordance with Article 28 of this Regulation, and which provide adequate assurance of their financial and operational capacity shall be eligible for the purpose of the Ukraine Guarantee. Preference shall be given to those bodies that disclose information related to environment, social, tax and corporate governance criteria. For this purpose, the Commission shall create a webportal with adequate and user-friendly guidance on disclosure, comprising the examples of such disclosure.
Amendment 478 #
2023/0200(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The Ukraine Guarantee shall support financing and investment operations which comply with the conditions set out in Article 209(2), points (a) to (e) of Regulation (EU, Euratom) 2018/1046 concerning in particular the need to achieve additionality, including by addressing market failures or sub-optimal investment situations, to avoid the distortion of competition, and to maximise private investment, including also for SMEs.
Amendment 483 #
2023/0200(COD)
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
Amendment 485 #
2023/0200(COD)
Proposal for a regulation
Article 30 – paragraph 9 – point a a (new)
Article 30 – paragraph 9 – point a a (new)
(aa) The eligible counterparts shall also, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations pursuant to this Regulation, together with information regarding compliance with anti-fraud and anti-corruption provisions, human rights, and social, labour and environment standards.
Amendment 493 #
2023/0200(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Assistance under this Chapter shall also support confidence-building measures and processes that promote justice, truth- seeking, reparations as well as collection of evidence of crimes committed during the war. Funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine may be provided under this Chapter. The findings retrieved as a result of such measures shall be brought to the knowledge of the Commission, the Parliament and the Council with a view to be considered during the elaboration of the Union's foreign policy positions.
Amendment 496 #
2023/0200(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds and effective fight against mismanagement of public funding, in particular fraud, corruption and grand corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.
Amendment 498 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In implementing the Facility, the Commission and Ukraine shall take all the appropriate measures to protect the financial interests of the Union, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the precondition set out in Article 5(1) and conditions set out in the framework agreement and specific financing or loan agreements, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities. Ukraine shall commit to progressing towards effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered, as well as investigation and prosecution of criminal offences affecting the funds provided under the Facility. Ukraine shall commit to progressing towards a robust legal framework to fight fraud by means of criminal law, effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered. Ukraine shall also commit to ensure that the competent Ukrainian authorities treat, without delay, mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility.
Amendment 499 #
2023/0200(COD)
(a) to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities or any other illegal activity affecting the Union’s financial interests, as well as the availability of the reporting tools and protection of whistle-blowers;
Amendment 501 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union, to avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan; and to take appropriate measures to treat mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility, without delay;
Amendment 507 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(e) to expressly authorise the Commission, OLAF, and the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2018/1046, in application of the principle of proportionality. Where applicable, the competent Ukrainian authorities shall report any criminal conduct affecting the funds under the Facility to the EPPO.
Amendment 512 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The Commission shall strive to make available to Ukraine an integrated and interoperable information and monitoring system including a single data- mining and risk-scoring tool to access and analyse the relevant data, including the data listed in paragraph 2(d). Where such a system is available, Ukraine shall use and feed the relevant data into the system, including with support referred to under Chapter V.
Amendment 514 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Persons and entities implementing funds under the Facility shall report any suspected or actual cases, of fraud, corruption, conflict of interests and irregularities or other illegal activities affecting financial interests of the Union without delay, to the Audit Board referred to in Article 34, the Commission and OLAF,OLAF, and, where applicable, the EPPO.
Amendment 515 #
2023/0200(COD)
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5a. Persons and entities implementing funds under the Facility, as well as persons knowledgeable about the implementation process, shall be able to report the cases of alledged corruption, fraud, irregularities and maladministration through a dedicated digital tool, with the relevant whistleblower protection provisions.
Amendment 519 #
2023/0200(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with best applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and, where applicable, the EPPO.
Amendment 522 #
2023/0200(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors, as well as the Audit Chamber of Verkhovna Rada.
Amendment 524 #
2023/0200(COD)
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 1 a (new)
Article 34 – paragraph 7 – subparagraph 1 a (new)
In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the European Public Prosecutor Office any criminal conduct in respect of which the latter could exercise its competence.
Amendment 527 #
2023/0200(COD)
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 3
Article 34 – paragraph 7 – subparagraph 3
The reports of, and information from, the Audit Board shall also be sent to OLAF and, where applicable, to the EPPO, and may be shared with the relevant Ukrainian authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union.
Amendment 80 #
2023/0199(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Strategic Technologies for Europe Platform (‘STEP’) and amending Directive 2003/87/EC, Regulations (EU) 2021/1058, (EU) 2021/1056, (EU) 2021/1057, (EU) No 1303/2013, (EU) No 223/2014, (EU) No 2018/1046, (EU) 2021/1060, (EU) 2021/523, (EU) 2021/695, (EU) 2021/697 and (EU) 2021/241
Amendment 81 #
2023/0199(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, the Russian war in Ukraine, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. and have put forward the need for the Union to secure its open strategic autonomy and reduce its dependence on non-EU countries. Several strategic dependencies have already been identified in the energy intensive industries, health and digital ecosystems.39a This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. _________________ 39a Commission Staff Working document on Strategic dependencies and capacities (SWD(2021)352) and Commission Staff Working Document on EU strategic dependencies and capacities: second stage of in-depth reviews (SWD(2022) 41) 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
Amendment 84 #
2023/0199(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. The adaptation of new, different state aid frameworks has facilitated the potential allocation of substantial volumes of state aid. Under more adverse circumstances, this situation possesses the capacity to undermine the efficacy of the internal market. _________________ 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
Amendment 91 #
2023/0199(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The uptake and scaling up in the Union of deep and digital technologies, clean technologies, and biotechnologies will be essential to reduce the Union’s strategic dependencies, seize the opportunities and meet the objectives of the green and digital transitions, thus securing the sovereignty and strategic autonomy of the Union and promoting the competitiveness of the European industry and its sustainability. Therefore, immediate action is required to support the development or manufacturing in the Union of such technologies, safeguarding and strengthening their value chains thereby reducing the Union’s strategic dependencies, and addressing existing labour and skills shortages in those sectors through trainings and apprenticeships and the creation of attractive, quality jobs accessible to all.
Amendment 98 #
2023/0199(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced and secure connectivity and virtual realities, including actions related toincluding 5G and satellite-based connectivity, and actions related to virtual realities, deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. BThe health ecosystem, in particular biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, including active pharmaceutical ingredients, medicine and vaccine production, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective of reducing critical dependencies. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
Amendment 104 #
2023/0199(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials, including sustainable recovery, recycling and other processing. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
Amendment 109 #
2023/0199(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and, 6G and other advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
Amendment 118 #
2023/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies that reduce the Union dependency in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments aimed at supporting the development or manufacturing of such critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates.
Amendment 135 #
2023/0199(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it shouldunder EU funding programmes. This Sovereignty Portal should bring EU funding opportunities closer to the citizens and businesses. For this purpose, the Portal should become a single and common online platform, where all available EU funding opportunities are displayed in an comprehensive, accessible and user- friendly manner the funding opportunities for STEP investments availabl. It seeks to solve an existing market failure, namely an asymmetry of information problem, that hampers the effective uander the EU budget. This efficient implementation of EU funds. This Portal should include information about directly managed programmes, such asincluding but not limited to Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes under shared or indirect management, such as InvestEU, the RRF, and cohesion policy funds. The Sovereignty Portal should also include a self-assessment tool and information on any open calls as a means to facilitate access to EU funding. The Sovereignty Portal shall display a list of programmes that have been awarded funds under any EU funding programme. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure that already existing Portals (such as, the InvestEU Portal) cease to exist once they have been integrated in the common Sovereignty Portal.
Amendment 136 #
2023/0199(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it should display in an accessible and user-friendly manner the funding opportunities for STEP investments available under the EU budget. This should include information about directly managed programmes, such as Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes such as InvestEU, the RRF, and cohesion policy funds. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure the complementarity of the Portal with other similar platforms, including the NZIA Platform, and avoid red tape and administrative burden thereof.
Amendment 139 #
2023/0199(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 163 #
2023/0199(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre-financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certain social criteria or promote social positive outcomes, such as creating apprenticeships and jobs for young disadvantaged persons, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. _________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
Amendment 164 #
2023/0199(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre-financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. In the allocation of JTF funding, it is advisable to consider the ramifications of various apportionment strategies on the debt servicing expenses associated with the financing derived from the Next Generation EU initiative. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certain social criteria or promote social positive outcomes, such as creating apprenticeships and jobs for young disadvantaged persons, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. _________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
Amendment 167 #
2023/0199(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 169 #
2023/0199(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The regulatory framework for the implementation of the 2014-2020 programmes has been adapted over the past years to provide Member States and regions with additional flexibility in terms of implementation rules and more liquidity to tackle the effects of the COVID-19 pandemic and the war or aggression against Ukraine. Nevertheless, the additional flexibility has not helped to fully prevent the possibility of decommitments due to non- implementation. Therefore, the final decommitments made in Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014 should be made available again to finance the additional funding for this Regulation, with the according adaption of Regulation (EU, Euratom) No 2018/1046.
Amendment 177 #
2023/0199(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Horizon Europe is the EU’s key funding programme for research and innovation, and its European Innovation Council (EIC) provides for support for innovations with potential breakthrough and disruptive nature with scale-up potential that may be too risky for private investors. Additional flexibility should be provided for under Horizon Europe, so that t to improve the participation of SMEs and their access to finance, in particular to the EIC. The EIC Accelerator canshould provide equity- only support to non-bankable SMEs, including start-ups, and non- bankable SMEs and small mid-caps, carrying out innovation in the technologies supported by the STEP and regardless of whether they previously received other types of support from the EIC Accelerator. The implementation of the EIC Fund is currently limited to a maximum investment amount of EUR 15 million except in exceptional cases and cannot accommodate follow-on financing rounds or larger investment amounts. Allowing for equity- only support for non-bankable SMEs and small mid-caps would address the existing market gap with investments needs in the range of EUR 15 to 50 million. Moreover, experience has shown that the amounts committed for the EIC Pilot under Horizon2020 are not fully used. These unused funds should be made available for the purposes of the EIC Accelerator under Horizon Europe. The Horizon Europe Regulation should also be amended to reflect the increased envelope for the European Defence Fund.
Amendment 188 #
2023/0199(COD)
1. To strengthen European sovereignty and security, reduce its strategic dependencies, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to attractive, quality jobs, the Platform shall pursue the following objectives:
Amendment 215 #
2023/0199(COD)
Amendment 250 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall award a Sovereignty Seal to any action contributing to any of the Platform objectives, provided the action has been presented by the member state, assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856.
Amendment 276 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall establish a dedicated publicly available website (the ‘Sovereignty portal’), providing investors with where information about all EU funding opportunities for projects linked to the Platform objectives and grant visibility to those projects, in particular by displaying the following information:programmes under direct, shared or indirect management is displayed.
Amendment 277 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 278 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 279 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 280 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 282 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Sovereignty Portal shall serve project promoters to find available EU funding programmes that are relevant for their project. With this aim, the Sovereignty Portal shall include: (a) information about all EU funding programmes and access to any open calls for proposals and calls for tender, and (b) a self-assessment tool for project promoters, which will gather information about the particular project in order to highlight the relevant EU funding programmes under direct, shared or indirect management, for which the project could be eligible.
Amendment 283 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Sovereignty Portal shall display an up to date list of projects that have been awarded funds under any EU funding programme, as well as those projects that have been awarded a Sovereignty Seal according to Article 4 of this Regulation. The Portal shall allow public and private investors to filter the listed projects.
Amendment 289 #
2023/0199(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b a (new)
Article 7 – paragraph 3 – point b a (new)
(ba) statistical review on the Member States and the amount of approved projects and approved subsidies
Amendment 290 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 31 DecemberJune 2025, the Commission shall provide the European Parliament and the Council with an evaluation report on the implementation of the Platform, on the state of the dependencies of the Union and the strategic sectors for the its sovereignty.
Amendment 292 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.
Amendment 294 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.
Amendment 323 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
Regulation (EU) 2021/1056
Article 10 – paragraph 4 – sixth subparagraph
Article 10 – paragraph 4 – sixth subparagraph
Amendment 325 #
2023/0199(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point 1
Article 12 – paragraph 1 – point 1
Regulation (EU) 2021/1057
Article 12 a
Article 12 a
Amendment 329 #
2023/0199(COD)
Proposal for a regulation
Article 14
Article 14
Regulation (EU) 1303/2013
Articles 135 and 138
Articles 135 and 138
Amendment 333 #
2023/0199(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 334 #
2023/0199(COD)
Proposal for a regulation
Article 14 b (new)
Article 14 b (new)
Article 14b Amendments to Regulation (EU) No 1303/2013 [CPR] Regulation (EU) No 1303/2013 is amended as follows: (1) In Article 136, the following paragraph 3 is added: ‘3. The final decommitments referred to in paragraph 1 and 2 should be made available again as appropriations to finance the additional funding for the financial support of the Strategic Technologies for Europe Platform (‘STEP’) as set out in Article 3 of the Regulation .../... [STEP Regulation], in accordance with Article 15 of Regulation (EU) No 2018/1046 and the annual ceilings for commitments and payments as per Annex I to Council Regulation (EU, Euratom) 2020/2093.‘
Amendment 335 #
2023/0199(COD)
Proposal for a regulation
Article 15
Article 15
Regulation (EU) No 223/2014
Articles 13, 22, 45, 48
Articles 13, 22, 45, 48
Amendment to Regulation (EU) No Regulation (EU) No 223/2014 is amended as follows: (1) In Article 13, paragraph 5 is replaced by the following: ‘5. The Member State shall submit a final report on implementation of the operational programme together with the closure documents as set out in Article 52, by 15 February 2026 at the latest. ‘2a. In the case of costs reimbursed pursuant to points (b), (c), (d) and (e) of Article 26(2), the corresponding actions being reimbursed shall be carried out by the submission of the final application for an interim payment for the final accounting year in accordance with Article 45(6). ‘6. By way of derogation from paragraph 2, the deadline for the submission of the final application for an interim payment for the final accounting year shall be 31 July 2025. The last application for interim payment submitted by 31 July 2025 shall be deemed to be the final application for an interim payment for the final accounting year. Amounts reimbursed by the Commission as interim payments in 2025 shall not exceed 1 % of the total financial appropriations to the programme concerned. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure. ‘By way of derogation from the deadline set out in the first subparagraph, Member States may submit the documents referred to under points (a), (b) and (c) for the final accounting year by 15 February 2026.rticle 15 deleted 223/2014 [FEAD]
Amendment 336 #
2023/0199(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Amendment to Regulation (EU) No 223/2014 [FEAD] Regulation (EU) No 223/2014 is amended as follows: (1) In Article 59, the following paragraph 3 is added: ‘3. The final decommitments referred to in paragraph 1 and 2 should be made available again as appropriations to finance the additional funding for the financial support of the Strategic Technologies for Europe Platform (‘STEP’) as set out in Article 3 of the Regulation .../... [STEP Regulation], in accordance with Article 15 of Regulation (EU) No 2018/1046 and the annual ceilings for commitments and payments as per Annex I to Council Regulation (EU, Euratom) 2020/2093.‘
Amendment 93 #
2022/2898(RSP)
Paragraph 9 a (new)
9a. Calls for a more systematic presentation of the contributions made by civil society, in particular those made by groups of qualitative value such as associations of judges, lawyers and prosecutors, in order to supplement the information provided by the governments of the Member States;
Amendment 109 #
2022/2898(RSP)
Paragraph 12 a (new)
12a. Welcomes the step taken by the Commission in including in its report the implementation of European Court of Human Rights (ECtHR) decisions by Member States as an indicator of quality and respect for the rule of law; calls on the Commission to extend this analysis to the implementation of national court rulings;
Amendment 40 #
2022/2172(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the steady increase of interest rates for EU-issued debt; regrets the much faster pace in which interest rates of EU-issued debt have increased in comparison to the Member States’; warns that more EU-issued debt would thus be economically dangerous while also requiring Treaty changes; therefore dismisses ongoing discussions about the consideration of new EU-issued debt, especially when the repayment of the principal and the interest of the funds borrowed under NGEU is far from being finalised;
Amendment 100 #
Amendment 102 #
2022/2172(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 108 #
2022/2172(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 115 #
2022/2172(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 120 #
2022/2172(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 144 #
2022/2172(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 147 #
2022/2172(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 29 #
2022/2046(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the combined effect of multiple crises and, low MFF ceilings and cumbersome rules applying to any MFF review or revision has given rise to a ‘galaxy’ of ad hoc instruments beyond the EU budget, as well as greater use of external assigned revenue not subject to the budgetary procedure, most notably in the case of NextGenerationEU; whereas, as one arm of the budgetary authority, Parliament should play a full role in this new budgetary environment in order to ensure democratic accountability and transparency;
Amendment 44 #
2022/2046(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the central role that the EU budget must plays in delivering on the Union’s political priorities, including making a success of the green and digital transitions, fostering an inclusive and social recovery, promoting growth, strategic autonomy and energy independence, providing support for small and medium-sized enterprises, fostering sustainable development that leaves no one behind and ensures cohesion and upward convergence, ensuring a more robust European Health Union in the aftermath of the COVID-19 crisis, promoting the rule of law, EU values and fundamental rights, contributing to greater opportunities for all, and ensuring a stronger Union for its people and in the world;
Amendment 68 #
2022/2046(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision to grant Ukraine and Moldova candidate country status and a membership perspective to Georgia; emphasises that this decision entails a long-term financial and budgetary commitment to supporting the necessary reforms specific to each country, as has been the case with other candidate countries, as well as to reconstruction and recovery;
Amendment 69 #
2022/2046(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that the EU budget should play a role in the reconstruction and recovery of Ukraine once the war is over, along with contributions by Member States and other international partners and Russian war reparations;
Amendment 81 #
2022/2046(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points to the extensive use made of the special instruments in the first two years of the MFF; notes that the Flexibility Instrument was mobilised for Heading 6 spending in 2022 and points to the proposal that it beCommission’s proposal in the Amending Letter 1/2023 that it will be significantly mobilised for spending under both Headings 62b, 5 and 76 in 2023; points out that, under the defence proposal of July 202218 , further appropriations are to be mobilised via special instruments in 2023 andalso in 2024; _________________ 18 Proposal of 19 July 2022 for a regulation on establishing the European defence industry Reinforcement through common Procurement Act (COM(2022)0349).
Amendment 83 #
2022/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that the Solidarity and Emergency Aid Reserve (SEAR) was almost exhausted in 2021 and is projected to be fully exhausted in 2022 after having provided a combination of humanitarian aid and support to Member States for tackling natural and man-made disasters; points out that the extension of the scope of the European Union Solidarity Fund (EUSF) to include public health emergencies, coupled with the increased scale and frequency of natural disasters, the humanitarian crisis in Ukraine and the resulting arrival of large numbers of refugees in the EU, has placed the SEAR under extreme strain; expects, further, that the dramatic consequences of the unprecedented wildfires in the summer of 2022 will require significant financial support, including from the SEAR;
Amendment 94 #
2022/2046(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the MFF is increased annually on the basis of a 2 % deflator applied to 2018 prices; underlines that spiralling energy prices and extreme energy market volatility caused mainly by Russia’s decision to cut gas supply have been feeding soaring inflation, with severe impacts on citizens, businesses and consumers; is deeply concerned that such unexpectedly high levels of inflation are placing the MFF under severe strain and reducing its purchasing power further, in a context where its overall level is already lower than previous MFFs in terms of share of the EU GDP; stresses that, in practice, this means that fewer Union projects and actions can be funded, thereby negatively impacting beneficiaries;
Amendment 98 #
2022/2046(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls, further, that, despite Parliament’s demands that the European Union Recovery Instrument (EURI) be placed over and above the ceilings, the refinancing costs are repaid from within the MFF ceilings, exerting further pressure on the MFF, especially and requiring the use of special instruments in 2023, in a context of rising interest rates and increasing NGEU borrowing costs;
Amendment 99 #
2022/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes the continuing demand for the EU budget to serve as a guarantee for additional necessary macro-financial assistance (MFA), especially for Ukraine; welcomes the EU support in this regard; notes, however, that the higher risks of default and the large amount at stake entail significant contingent liabilities;
Amendment 106 #
2022/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Concludes that, in this context, the need for an urgent review and revision of the MFF is beyond any doubt and that a ‘business as usual’ approach will not remotely suffice to tackle the array of challenges posed and could thereby undermine confidence in the Union in the short, medium and long term;
Amendment 130 #
2022/2046(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that the unanimity requirement for adoption of the MFF Regulation impedes the necessary decisions in the revision process; calls, in that regard, on the European Council to activate the passerelle clause set out in Article 312(2) TFEU to allow for adoption of the MFF Regulation by qualified majority; recalls its proposals that the ordinary legislative procedure be applied for the adoption of the MFF Regulation;
Amendment 142 #
2022/2046(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Strongly supports the use of the Regulation on a general regime of conditionality for the protection of the EU budget (the Conditionality Regulation); believes that its entry into force had a general deterrent effect on nationals authorities planning to breach the rule of law with EU funds; regrets its long- overdue application by the Commission in case of Hungary; commits to do whatever it can to ensure the respect of the provisions of the Regulation and their effective implementation; emphasises the clear link between respect for the rule of law and the efficient implementation of the EU budget; notes that any upscaling of the 2021-2027 MFF should aim to reinforce the protection of the rule of law and EU’s financial interests; underlines that the Conditionality Regulation aims first and foremost at protecting the EU budget rather than the rule of law; asks the Commission to assess how the Regulation could be improved to allow the EU to suspend EU funds whenever there are breaches of the rule of law in Member States in order to ensure the full respect of Article 2 of the Treaty on the European Union;
Amendment 193 #
2022/2046(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that the necessary spending to enhance defence cooperation and investment cannot solely be covered within the ceiling of Heading 5; calls for the ceiling to be increased in line with needswelcomes the Commission’s upcoming proposal for a European defence investment programme (EDIP) in view of introducing joint procurement and life cycle management of military capabilities; calls for the ceiling to be increased in line with needs; considers, in this regard, that savings could be made thanks to a mutualisation of defence spending between the Member States at the EU level;
Amendment 217 #
2022/2046(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the MFF revision must not lead to any downwards revision of the pre-allocated national envelopes; emphasises the fact that the late agreement on the MFF for 2021-2027 and on the cohesion policy package, coupled with the COVID-19 crisis, led to a slow start to the programming process, but not because of the policy itself even though more administrative simplification is strongly needed; underlines that the delayed start does not in any way call into question the pivotal role and added value of cohesion policy as the essential Union investment policy and convergence instrument;
Amendment 304 #
2022/2046(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses, in this context, that the trend towards increased use of external assigned revenue is not a satisfactory solution as it weakens the role of the budgetary authority (Parliament and the Council), thereby negatively impacting democratic scrutiny and reducing the transparency of the EU’s finances; demands legally sound solutions that allow for targeted, one-off or needs-based top- ups that display the same advantages as earmarkxternal assigned revenue (i.e. not counted against the ceilings), but that are at the same time subject to full control of the budgetary authority; reminds its strong commitment to the universality principle;
Amendment 308 #
2022/2046(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the Commission, furthermore, to begin a longer-term reflection on the EU budget post-2027 in the light of evolving spending needs and building on the work of the Conference on the Future of Europe with respect to own resources and the budget; insists that the successor to the current MFF be equipped to deal fully and flexibly with a range of policy priorities and spending needs and to ensure resilience in the event of crises; asks the Commission to review the whole architecture of the MFF, including through an assessment of the suitability of a long-term programming framework for all EU programmes and of the duration of programming periods of seven years;
Amendment 4 #
2022/2025(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the European Data Protection Supervisor’s Opinion 8/2022 on the Recommendation for a Council decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol,
Amendment 7 #
2022/2025(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to INTERPOL’s Rules on the Processing of Data,
Amendment 8 #
2022/2025(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
— having regard to Resolutions 2161/2017 and 2315/2019 of the Parliamentary Assembly of the Council of Europe,
Amendment 41 #
2022/2025(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databases, while fully respecting the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
Amendment 52 #
2022/2025(INI)
Motion for a resolution
Recital K
Recital K
K. whereas internationgovernmental, international, and non-governmental organisations continue to report abuses by some states of Interpol’s notice system in order to persecute national human rights defenders, civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programme; whereas despite those reforms, serious concerns remain related to possible abuses of the Interpol system impacting on fundamental rights as recent reports also still emphasise the need for more legal safeguards, more transparency, and better implementation of reforms;
Amendment 56 #
2022/2025(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas Article 3 of the Interpol constitution prohibits any intervention or activity of apolitical, military, religious or racist character; whereas abuses in high profile cases by multiple member countries of Interpol have still been observed in recent years; whereas politically motivated extraditions especially are often triggered by the abusive issuing of a ‘Red Notice’ or “wanted person diffusion” through Interpol; whereas scarce information is made available by Interpol on the manner in which it reviews Red Notices, its administrative ability to do so, and the outcomes of these reviews, leading to a lack of transparency as regards how Interpol works towards effectively countering politically motivated red notices;
Amendment 63 #
2022/2025(INI)
Motion for a resolution
Recital L
Recital L
L. whereas Russianumerous undemocratic countries still remains a member countries of Interpol and whereas cooperation with the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political ends; whereas, in this context, Interpol’s systems must respect human rights and the rule of law, and uphold its commitments on political, religious or military abuse;
Amendment 67 #
2022/2025(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas Russia’s invasion of Ukraine is a direct threat to international law enforcement cooperation and its continued access to Interpol’s databases a threat to the integrity of the EU’s cooperation with Interpol; whereas Russia is responsible for more than a third of the amount of Red Notices worldwide;
Amendment 68 #
2022/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of European security policies, ensuring respect for the principles of necessity, proportionality and legality and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders; stresses that these principles should be at the core of the negotiations between the EU and Interpol on a cooperation agreement;
Amendment 90 #
2022/2025(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends that the Commission explicitly clarifies that there will be no reciprocal direct or indirect access by Interpol to the EU databases;
Amendment 91 #
2022/2025(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recommends that the Commission negotiate with Interpol requirements relating to a high level of the quality and verifiability of information in Interpol’s databases and of the transparency of information sources.
Amendment 103 #
2022/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Commission ensure strictly that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under EU primary and secondary law is maintained in exchanges of personal data with Interpol; the Commission’s negotiation strategyenvisaged cooperation agreement should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
Amendment 109 #
2022/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the Commission guarantee that the transfer of personal data is adequate, relevant and limited to what is strictly necessary for the purpose for which it has been transferred, in line with the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
Amendment 118 #
2022/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that the Commission ensure an oversight system for the use by Interpol of personal data collected by consulting EU systems; recommends that this oversight is done by one or more independent bodies responsible for data protection with effective powers of investigation and intervention, with powers to hear complaints from individuals about the use of their personal data;
Amendment 170 #
2022/2025(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 174 #
2022/2025(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Calls on the Commission to work also internally, making use of existing technical tools available in the EU Security Framework, to establish a verification mechanism for EU Member States to exchange information on the identification and removal of politically motivated Red Notices, on best practices in this field, and on risk profiles third countries creating Red Notices.
Amendment 179 #
2022/2025(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Calls on the Commission to recognise the risk of undemocratic countries systematically undermining the trust-based international law enforcement cooperation by abusing the tools provided by Interpol; Calls further on the Commission to encourage Interpol to increase its efforts ineffectively countering this misconduct;
Amendment 198 #
2022/2025(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recommends that any dispute settlement to be negotiated falls under the ultimate jurisdiction of the Court of Justice of the European Union;
Amendment 199 #
2022/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to report to Parliament on the conduct and the outcome of the negotiations both on a regular basis and whenever requested by the Council; Recalls that Parliament has consenting power to the conclusion of the envisaged cooperation agreement and that it should thus be closely involved in the negotiating process; Calls on the Commission to ensure that reporting to Parliament is part of the monitoring and evaluation mechanisms foreseen in the cooperation agreement;
Amendment 15 #
2022/0806(NLE)
Draft legislative resolution
Recital A
Recital A
A. whereas a fully functioning Schengen area and its enlargement to include the Schengen candidate countries remain key for further political, economic and social integration, fostering cohesion and bridging gaps between countries and regions, and a prerequisite for safeguarding the principle of freedom of movement whilst increasing security in the EU as a whole; whereas the Schengen area is one of the greatest achievements of the European Union; whereas this has been made possible through the creation of an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area;
Amendment 34 #
2022/0806(NLE)
Draft legislative resolution
Recital D a (new)
Recital D a (new)
Da. whereas there remain strong concerns regarding the fundamental rights situation at the external borders of Croatia; whereas there have been numerous well-documented reports and allegations of systematic pushbacks and violence towards migrants crossing into Croatia; whereas these practices are still ongoing;
Amendment 36 #
2022/0806(NLE)
Draft legislative resolution
Recital D b (new)
Recital D b (new)
Db. whereas a border monitoring mechanism was set up in Croatia in July 2021 in response to these reports and allegations, whose mandate has recently ended after twelve months; whereas there have been serious doubts expressed about the financial and operational independence of the mechanism as well as its effectiveness, as it did not trigger any serious investigations into the complaints filed; whereas its mandate was widely considered to be too limited in scope;
Amendment 38 #
2022/0806(NLE)
Draft legislative resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the European Commission proposed to set up a fundamental rights monitoring mechanism in its New Pact for Migration and Asylum, which should be extended to all asylum and return procedures as well as to border surveillance and border crossings; whereas this mechanism should provide for a continuous monitoring and possible investigation of the situation at the external borders of Croatia;
Amendment 40 #
2022/0806(NLE)
Draft legislative resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the European Parliament shall remain informed about the progress of the fundamental rights situation at the external borders of Croatia, in form of an annual reporting back to the Parliament by the Croatian Ministry of the Interior and the European Commission;
Amendment 188 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 192 #
Amendment 193 #
2022/0402(CNS)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 245 #
2022/0402(CNS)
Proposal for a regulation
Article 22
Article 22
Amendment 282 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 302 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 314 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 321 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 325 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 346 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority shall issue the Certificate without delay and not later than 10 days following receipt of the request in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
Amendment 352 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point h
Article 52 – paragraph 1 – point h
(h) details concerning eachthe parent(s): surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
Amendment 378 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 384 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [52 years from date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of any practical problems encountered, supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal, including considering on the legal basis of Article 21(2) TFEU.
Amendment 250 #
2022/0398(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article18a Statistics 1. Member States shall collect and maintain comprehensive statistics at central level on the measures taken under this Directive. 2. Without prejudice to the reporting obligations laid down in other Union legal acts, the Member States shall, on a quarterly basis, submit to the Commission the following statistics on the criminal offences referred to in Articles 3 and 4, specified per type of Union restrictive measure: (a) the number of criminal proceedings initiated; (b) the number of criminal proceedings dismissed; (c) the number of criminal proceedings resulting in an acquittal; (d) the number of criminal proceedings resulting in a conviction; (e) the number of ongoing criminal proceedings; (f) the average length of criminal proceedings; (g) the value of the funds and economic resources frozen; (h) the value of the funds and economic resources seized. The statistics to be submitted shall also include the types and levels of penalties and sanctions imposed for violation of Union restrictive measures. 3. The Commission is empowered to adopt delegated acts in accordance with [Article 18b] concerning the establishment of detailed rules on the information to be collected and on the methodology for the collection of the statistics referred to in paragraph 2 of this Article and the arrangements for their transmission to the Commission. 4. Within two weeks after receipt of the quarterly statistics, the Commission shall make them publicly available on its website, maintaining the breakdown by Member State.
Amendment 2 #
2022/0337(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the increasing number of severe and destructive natural disasters in Europe, as evidenced both by the 2021 floods and the recent record extensive wildfires in the summer of 2022; underlines that due to climate change such extreme weather events resulting in emergencies are going to further intensify and multiply; urges the Union therefore to strengthen its efforts to tackle climate change both in the Union and globally;
Amendment 6 #
2022/0337(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need to release financial assistance through the European Union Solidarity Fund (EUSF) to ensure that support can reach the affected regions in a timely manner; regrets at the same time that the maximum amount available for that EUSF mobilisation is much lower than the potential aid amount that could be covered and comes more than a year after the events took place due to the inflexible mobilisation rules of the EUSF; urges the Commission to come forward with a model on faster and more timely mobilisation of the EUSF; believes that the available resources for EUSF should be increased and made available in a more timely manner as part of the ambitious multiannual financial framework revision;
Amendment 9 #
2022/0337(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates the importance of communicating to the public the tangible benefits brought about by the EUSF, in order to further increase citizens’ trust in Union tools and programmes; calls on the Commission and the Member States to step up communication efforts to improve the public awareness of the interventions done with financing under the EUSF;
Amendment 10 #
2022/0337(BUD)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that the awarding, management and implementation of EUSF grants should be as transparent as possible, and that the grants shall be used in line with the principles of sound financial management;
Amendment 52 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Requests that the joint text on the draft general budget of the European Union for the financial year 2023 approved by the Conciliation Committee under the budgetary procedure includes the following joint statement by the European Parliament, the Council and the Commission: “The three institutions believe that in order to make the connection between EU programs and funds and the citizens who finance them more visible, and in order to increase citizens’ identification with the EU programs und funds they finance, as well as in order to strengthen the sense of community and solidarity among citizens across Member States, the communication and visibility of the EU programs and funds should be amended. The three institutions agree that all common provisions relating to EU programs and funds financed from the EU budget and NextGenerationEU as well as all operational guidelines for recipients of EU funding shall be amended through an Omnibus regulation so that instead of the current statements ‘Funded by the European Union’ or ‘Co-funded by the European Union’ the statements ‘Funded by the citizens of the European Union’ or ‘Co-funded by the citizens of the European Union’ shall be placed next to the emblem of the Union.
Amendment 107 #
2022/0162(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Where national authorities do not comply with the obligations laid down by this Regulation, in particular the general regime of conditionality for the protection of the Union budget EU authorities should use all the means at their disposal, in accordance with this Regulation, to directly provide local governments and NGOs with the funding they would have received if their national government had complied with the aforementioned obligations. Increased amount of direct funding for local governments and NGOs should be encouraged anyway when implementing this Regulation.
Amendment 112 #
2022/0162(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) In order to ensure the most comprehensive and complete data on beneficiaries of Union funds to be available in the single integrated IT system for data-mining and risk-scoring, while not increasing administrative burden, all data on final benefeciaries already collected by persons and entities implementing Union funds should be recorded in the IT system, irrespective of these beneficiaries being deemed as recipients of Union funds.
Amendment 113 #
2022/0162(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with the principle of transparency enshrined in Article 15 of the Treaty on the Functioning of the European Union (TFEU), Union institutions and Member States when implementing the EU budget are to conduct their work as openly as possible. With regard to budget implementation, the application of that principle implies that citizens as beneficiaries of and contributors to the budget should know where, and for what purpose, funds are spent by the Union. Such information fosters democratic debate, encourages the citizens' identification with and sense of community within the Union, contributes to the participation of citizens in the Union’s decision-making process, reinforces institutional control and scrutiny over Union expenditure, and contributes to boosting its credibility. Furthermore it boosts the visibility for EU policies, investments and the European Added Values. Communication should be more targeted and should aim to increase the visibility of the Union contribution for citizens. Such objectives should be achieved by the publication, preferably using modern communication tools, of relevant information concerning all funding opportunities, such as call for tenders etc. in all forms of management on a dedicated website and of relevant information concerning all recipients of funds financed from the budget which takes into account those recipients’ legitimate interests of confidentiality and security and, as far as natural persons are concerned, their right to privacy and the protection of their personal data. Union institutions should therefore adopt a selective approach in the publication of information, in accordance with the principle of proportionality. Decisions to publish should be based on relevant criteria in order to provide meaningful information.
Amendment 115 #
2022/0162(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to reduce administrative burden, the Commisson should take the information on recipients of Union funds to be published on a dedicated website from the single integrated IT system for data-mining and risk-scoring. Therefore, data to be recorded in the IT system for data-mining and risk-scoring should include and be aligned with the data to be published. As a result, persons and entities implementing Union funds will not need to transmit the same data more than once.
Amendment 119 #
2022/0162(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission should be added to the document annexed to the section of the budget relating to the Commission, including as a minimum detailed information on maturities, schedule of payments, interest due and the role of own resources in the repayment of the debt, should be added to the document annexed to the section of the budget relating to the Commission. That document should lay down the underlying data and the methodology used by the Commission to estimate the interest due, including through comprehensive graphs and figures.
Amendment 124 #
2022/0162(COD)
Proposal for a regulation
Recital 194 a (new)
Recital 194 a (new)
(194 a)By introducing a new category of a very low value grant of an amount of up to EUR 10 000, the lessons learned from providing small-scale support during the pandemic to small and medium-sized enterprises and individual applicants should be implemented. The new category would create efficiencies for the implementing partners and the Commission, while reducing bureaucracy for applicants
Amendment 125 #
2022/0162(COD)
Proposal for a regulation
Recital 219 a (new)
Recital 219 a (new)
(219 a)Recent experience with the funding needs for Ukraine has highlighted the disadvantages of a fragmented approach to the organisation of the Union’s debt. In order to strengthen the Union’s position as an issuer of euro-denominated debt, it is of paramount importance that all new issuance be organised through a single funding method. This method should not undermine the temporary nature of certain programmes financed by the Union's debt.
Amendment 126 #
2022/0162(COD)
Proposal for a regulation
Recital 219 b (new)
Recital 219 b (new)
(219 b)The model for a single funding method, and most elements of the infrastructure needed for its implementation, have already been established in the form of a diversified funding strategy under Council Decision (EU, Euratom) 2020/2053. That strategy has allowed the successful mobilisation of funds for grants and loans under Regulation (EU) 2021/241 of the European Parliament and of the Council and for a range of other Union programmes referred to in Council Regulation (EU) 2020/2094. To anticipate possible future borrowing and lending operations, which must respect the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), it is appropriate to establish a diversified funding strategy as the single funding method for implementation of borrowing operations.
Amendment 137 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘non-governmental organisation’ means a voluntary, independent from government, non-profit organisation, which is not a political party or a trade union which is organized either on a local, national, European or international level to address issues in support of the public good;
Amendment 142 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 73 a (new)
Article 2 – paragraph 1 – point 73 a (new)
Regulation 2018/1046
Article 2 – after (68)
Article 2 – after (68)
(73 a) 'very low value grant’ means a grant lower than or equal to EUR 10 000;
Amendment 147 #
2022/0162(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States and the Commission shall ensure respect for fundamental rights including equality between women and men, non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget.
Amendment 154 #
2022/0162(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A basic act may assign the revenue for which it providesThe European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may assign the revenue provided for a basic act to specific items of expenditure. Unless otherwise specified in the basic act, such revenue shall constitute internal assigned revenue.
Amendment 155 #
2022/0162(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c
Article 22 – paragraph 1 – subparagraph 1 – point c
(c) ain attachedthe statement of expenditure, an annex, forming an integral part of the budget, setting out all the budget lines for which internal or external assigned revenue is foreseen and providing information on the estimated amount of such revenue to be received; for each budget line, that information shall be broken down into the specific categories of assigned revenue referred to in Article 21(2), (3) and (5), including a justification for the choice of the foreseen category.
Amendment 156 #
2022/0162(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c a (new)
Article 22 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) in the case provided for in Article 21(5), commitment and payment appropriations shall be made available in the context of the budgetary procedure where external assigned revenue comes from specific additional financial contributions from Member States, including voluntary contributions, to Union programmes, instruments and activities.
Amendment 165 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities shouldall, where feasible, appropriate and proportionate, in accordance with the relevant sector-specific rule, be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 . _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 167 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
(d a) programmes and activities shall be implemented to achieve their set objectives respecting applicable working and employment conditions under relevant collective agreements, national and Union law.
Amendment 174 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a
Article 36 – paragraph 6 – point a
(a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons, and their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth;
Amendment 175 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a a (new)
Article 36 – paragraph 6 – point a a (new)
(a a) the amount of funding committed and, in case of a commitment with multiple recipients, the breakdown of this amount per recipient where available.
Amendment 176 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a b (new)
Article 36 – paragraph 6 – point a b (new)
(a b) the locality of the recipient, namely: (i) the address of the recipient when the recipient is a legal person; (ii) the region on NUTS 2 level when the recipient is a natural person and is domiciled in the European Union or the country when the recipient is a natural person and is not domiciled in the European Union;
Amendment 177 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a c (new)
Article 36 – paragraph 6 – point a c (new)
(a c) the nature and purpose of the measure;
Amendment 180 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point b a (new)
Article 36 – paragraph 6 – point b a (new)
(b a) the first name(s), last name(s) and date of birth of the natural person(s) who hold the position of senior managing official(s), where no person has been identified as the beneficial owner;
Amendment 181 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring referred to in paragraph 2 of this Article shall comply with applicable data protection rules and shall be limited to the Commission or a. The Commission, OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies shall have unlimited, direct and real time access to the data to exercise their respective competences. The following entities shall use the system and have access only to the relevant data for exercising their competences and complying with the obligations imposed by this Regulation: (a) An executive agency as referred to in Article 69, t; (b) The Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), t; (c) The Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), t; (d) The persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences.
Amendment 183 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 7 a (new)
Article 36 – paragraph 7 a (new)
7 a. For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148, and in addition to any applicable sector-specific rule, Member States implementing the budget under point (b), first subparagraph, Article 62(1), shall transmit to the Commission information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 184 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 8 – subparagraph 1 (new)
Article 36 – paragraph 8 – subparagraph 1 (new)
For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148 [and in addition to any applicable sector-specific rule], Member States that receive and implement Union funds, pursuant to budget implementation under point (a), first subparagraph, Article 62(1), shall transmit information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 185 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 9
Article 36 – paragraph 9
9. For the purposes of the application of the requirements of paragraphs 2, 3 and 6 of this Article by Member States implementing the budget under Article 62(1), first subparagraph, point (b), references to recipients shall be understood as references to beneficiaries as defined in sector-specific rulin Article 2, paragraph 1, point 58 of this Regulation and shall also include sub-beneficiaries, subcontractors and sub-entities or subsidiaries receiving prizes.
Amendment 187 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 10 a (new)
Article 36 – paragraph 10 a (new)
10 a. The system referred to in paragraph 2 of this Article, shall provide an indicator of whether an entity or a person applying for, selected or receiving Union funds, has been excluded pursuant to Article 139. Persons and entities involved in budget implementation shall check that risk indicator before awarding EU funds to comply with the obligation set in Article 145 (5) of this Regulation.
Amendment 189 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 10 b (new)
Article 36 – paragraph 10 b (new)
10 b. Managing authorities shall record the data into the system referred to in paragraph 2 of this Article before awarding Union funds. Failing to comply with this obligation would be considered as a serious deficiency in the meaning of Articles 96 and 97 of Regulation (EU) 2021/1060.
Amendment 190 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 10 c (new)
Article 36 – paragraph 10 c (new)
Amendment 191 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Where the budget is implemented in accordance with Article 62(1), first subparagraph, points (b) and (c), and with Member States in accordance to Article 62(1), first subparagraph, point (a), the Commission shall make available on its website information on recipients no later than 30 June of the year following the financial year in which the contract or agreement setting out the conditions of support was established. Where the budget is implemented in accordance with Article 62(1), first subparagraph, point (b), references in this Article to recipients shall be understood as references to beneficiaries as defined in sector-specific rulin Article 2, paragraph 1, point 58 of this Regulation and shall also include sub-beneficiaries, subcontractors and sub-entities or subsidiaries receiving prizes.
Amendment 192 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. Save in the cases referred to in paragraph 3 , the following information shall be published in an open, interoperable and machine-readable format, which allows data to be sorted, searched, extracted, compared, and reused and downloaded in individual datasets or complete database as a bulk download, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:
Amendment 204 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point d
Article 38 – paragraph 3 – subparagraph 1 – point d
(d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or seriously harming the commercial interests of the recipients;
Amendment 205 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point e
Article 38 – paragraph 3 – subparagraph 1 – point e
(e) where it is not requirallowed for publication in sector-specific rules where the budget is implemented in accordance with Article 62(1), first subparagraph, point (b) .
Amendment 206 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 6 – subparagraph 1
Article 38 – paragraph 6 – subparagraph 1
Amendment 207 #
2022/0162(COD)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38 a Visibility of the budget 1. In accordance with the principle of transparency and proportionality, the Commission shall ensure the visibility of the Union's budget. The Commission shall report to the European Parliament and the Council annually on the development of the visibility of the Union's budget and its added values, and include successful visibility approaches in order to encourage best practises sharing with beneficiaries. 2. To further increase the EU citizens' identification with and sense of community within the Union, all new communication efforts shall make the citizens' connection to the budget more visible by using the statements ‘Funded by the citizens of the European Union’ or ‘Co-funded by the citizens of the European Union’ next to the emblem of the Union.
Amendment 210 #
2022/0162(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d – point iii – indent 3
Article 52 – paragraph 1 – point d – point iii – indent 3
— a comprehensive overview of borrowing and lending operations; that overview shall provide inter alia detailed information on maturities, schedule of payments, interest due, the underlying data and the methodology used to estimate the interest due (including through comprehensive graphs and figures), investor base, where applicable dimension and costs of the common liquidity pool underpinning the diversified funding strategy and on the role of own resources in the repayment of the debt, and information on expected annual amount to borrow in the following years and estimated amount available under the own resources ceiling to cover this borrowing;
Amendment 217 #
2022/0162(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. Where the Commission implements the budget under shared management, tasks relating to budget implementation shall be delegated to Member States. The Commission and Member States shall respect the principles of sound financial management, transparency, the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, the fundamental rights set out in the Charter of Fundamental rights including equality between women and men and non- discrimination and shall ensure the visibility of the Union action and its added value when they manage Union funds. To that end, the Commission and Member States shall fulfil their respective control and audit obligations and assume the resulting responsibilities laid down in this Regulation. Complementary provisions shall be laid down in sector-specific rules.
Amendment 218 #
2022/0162(COD)
Proposal for a regulation
Article 63 – paragraph 8 – subparagraph 1 – point c a (new)
Article 63 – paragraph 8 – subparagraph 1 – point c a (new)
(c a) interrupt payment deadlines or suspend payments in case of non- compliance with Article 6 (2) and (3) putting at risk the legality of expenditure.
Amendment 224 #
2022/0162(COD)
Proposal for a regulation
Article 126 – paragraph 1 – subparagraph 1 – introductory part
Article 126 – paragraph 1 – subparagraph 1 – introductory part
Union contributions under direct, shared and indirect management shall help achieve a Union policy objective and the results specified, shall not substitute recurring national budgetary expenditure, shall respect the principle of additionality of Union funding and may take any of the following forms:
Amendment 232 #
2022/0162(COD)
Proposal for a regulation
Article 133 – paragraph 3 – subparagraph 1 – point c a (new)
Article 133 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) non-compliance with Article 6 (2) and (3) puts the legality of expenditure at risk.
Amendment 240 #
2022/0162(COD)
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
Amendment 242 #
2022/0162(COD)
Proposal for a regulation
Article 139 – paragraph 8
Article 139 – paragraph 8
8. At the request of the authorising officer, and where the nature or the circumstances of the case requires it, a referral for a recommendation of the panel referred in Article 146 may be treated by means of expedited procedure, without prejudice to the right to be heard of the person or entity concerned, and only where the nature or the circumstances of the case requires it, such as where: (a) a final judgment or a final administrative decision has been issued by a Member State’s authority that does not include the duration of exclusion. (b) a final judgment or a final administrative decision has been issued in a third country which is subject to the jurisdiction of the European Court of Human Rights. (c) a sanction has been already imposed on the person or entity by virtue of a decision of (i) international organisations or their agencies, (ii) EIB, (iii) EIF, where these organisations have been considered to apply equivalent sanction procedures under Article 158.
Amendment 246 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – introductory part
Article 143 – paragraph 1 – subparagraph 1 – introductory part
In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the authorising officer responsible, publish on its website the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c) to (hi) of Article 139(1):
Amendment 253 #
2022/0162(COD)
Proposal for a regulation
Article 145 – paragraph 5 – subparagraph 2
Article 145 – paragraph 5 – subparagraph 2
Amendment 258 #
2022/0162(COD)
Proposal for a regulation
Article 158 – paragraph 2
Article 158 – paragraph 2
2. Persons and entities entrusted with the implementation of Union funds or budgetary guarantees pursuant to point (c) of the first subparagraph of Article 62(1) shall respect the principles of sound financial management, transparency, the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, fundamental rights set out in the Charter of Fundamental rights including equality between women and men, non- discrimination and shall ensure visibility of Union action and its added value. Where the Commission establishes financial framework partnership agreements in accordance with Article 130 those principles shall be further described in such agreements.
Amendment 278 #
2022/0162(COD)
Proposal for a regulation
Article 224 a (new)
Article 224 a (new)
Article 224 a Diversified funding strategy 1. Where the Commission is empowered, in relevant basic acts, to borrow funds on behalf of the Union on the capital markets or from financial institutions, while fully respecting the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), the Commission shall implement a diversified funding strategy and, except in duly justified cases, borrowing and debt management operations to fund programmes. The diversified funding strategy shall be implemented through all necessary transactions aiming at a regular capital market presence, shall be based on pooling of funding instruments and shall make use of a common liquidity pool. 2. The Commission shall establish the necessary arrangements for the implementation of the diversified funding strategy. The Commission shall regularly and comprehensively inform the European Parliament and the Council about all aspects of its borrowing and debt management strategy. 3. Without prejudice to the basic acts empowering the Commission to borrow funds on behalf of the Union, the European Parliament and the Council shall approve, in the context of the budgetary procedure, the maximum amount that the Commission is authorised to borrow under the diversified funding strategy during that financial year.
Amendment 192 #
2022/0155(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Fundamental rights in the digital sphere have to be guaranteed to the same extent as in the offline world. Safety and privacy need to be ensured, amongst others through end-to-end encryption in private online communication and the protection of private content against any kind of general or targeted surveillance, be it by public or private actors.
Amendment 274 #
2022/0155(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a End-to-End Encryption and Prohibition on General Monitoring 1. End-to-end encryption is essential to guarantee the security, confidentiality of the communications of users, including those of children. Any restrictions of encryption could lead to abuse by malicious actors. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from providing their services applying end-to-end encryption, restricting or undermining such encryption. Member States should not prevent providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third party access. 2. Nothing in this Regulation should undermine the prohibition of general monitoring under EU law.
Amendment 280 #
2022/0155(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 282 #
2022/0155(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and Article 114 thereof,
Amendment 287 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationprotection of children and preventing online child sexual abuse;
Amendment 349 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 370 #
2022/0155(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.
Amendment 374 #
2022/0155(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 375 #
2022/0155(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 390 #
Amendment 392 #
Amendment 417 #
2022/0155(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 458 #
2022/0155(COD)
Amendment 485 #
Amendment 496 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in the internal market. by persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
Amendment 503 #
Amendment 530 #
2022/0155(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 553 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse materialRemoval orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation (EU) 2022/2065.
Amendment 556 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 594 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) “person suspected of being involved in child sexual abuse” means an identified individual person about whom verifiable adequate evidence exists, which gives rise to the suspicion that that person has committed a child sexual abuse offence, attempted to commit a child sexual abuse offence, or prepared by committing a criminal offence to commit a child sexual abuse offence;
Amendment 596 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) 'person disqualified from exercising activities involving children' means an identified individual person, who, in line with Article 10 of Directive 2011/93/EU, is temporarily or permanenently disqualified from exercising activities involving direct and regular contacts with children;
Amendment 807 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take threasonable and proportionate mitigation measures.
Amendment 861 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessinginform the software application provider concerned and the EU Centre about the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;
Amendment 868 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 870 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of software applications who have been informed that in relation to their software applications a significant risk of use of the service concerned for the purpose of the solicitation of children has been identified, shall take reasonable and proportionate mitigation measures.
Amendment 890 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service in the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
Amendment 892 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.
Amendment 951 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met:
Amendment 1128 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of hosting services and providers of interpersonal communication services that have received a detection order concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.
Amendment 1266 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)courts identified as constituting child sexual abuse material.
Amendment 1269 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.
Amendment 1294 #
Amendment 1332 #
2022/0155(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Respect to Privacy Nothing in this Regulation shall be interpreted as a requirement to 1. break cryptography; 2. scan content on users’ devices; 3. restrict anonymous access to online services and software applications.
Amendment 1698 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1) concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
Amendment 1701 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2) and Article 19a (new).
Amendment 99 #
2022/0131(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. Member States should also make sure that the application procedure itself is as harmonised and coordinated as possible.
Amendment 104 #
2022/0131(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships between third- country workers andor third country nationals undergoing an apprenticeship and the employers. Where a Member State’s national law allows admission of third- country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive.
Amendment 107 #
2022/0131(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The obligation on the Member States to determine whetherMember States should allow the application is to be submitted by a third- country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedureprospective employer on his or her behalf. The Member States should allow the application for a single permit to be submitted both in the Member State of destination and from a third country.
Amendment 109 #
2022/0131(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of four month90 days set out to adopt a decision on the Single Permit .
Amendment 111 #
2022/0131(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The deadline for adopting a decision on the application should include both the cover the entimre required for issuing a visa where needed, and the time required to comply with the checks of the labour market situprocedure, including checks of the labour market situations. If the Member States decide to do such checks, the procedure should cover the recognition of regulated professional qualifications or other qualifications.
Amendment 114 #
2022/0131(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To this end, Member States should only carry out one substantial check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format. The application can be made in the language of the Member State, or in the English language if the employer agrees.
Amendment 117 #
2022/0131(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 123 #
2022/0131(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective, proportionate and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned and communicated in writing to the third country national concerned or to the employer filing on his/her behalf.
Amendment 128 #
2022/0131(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A Member State should recognise occupational, regulated and unregulated professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 142 #
2022/0131(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The single permit should authorise the third-country national to change the employer during the period of its validity. Member States should be able to require a notification of the change anfor an unlimited amount of times, including in different Member States, during the period of its validity or until an application for a renewal has been communicated to ctheck the labour market situation where a change of employer takes placeird country national concerned. Member States may require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law. The single permit should not be withdrawn during a period of at least threnine months in the event of the unemployment of its holder. Loss of employment shall not result in the automatic withdrawal of residency or work permit.
Amendment 148 #
2022/0131(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) third country nationals who apply to reside in a Member State for the purpose of optaining an apprenticeship
Amendment 162 #
2022/0131(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a harmonized single application procedure. Member States shall determine whether applicationsallow for a single permit are to be submitted by the third- country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the twoprospective employer. If the application is to be submitted by the third- country national, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third- country national is legally present.
Amendment 164 #
2022/0131(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned shall issue the third country national with the requisite visa in a maximum period of 6 weeks.
Amendment 175 #
2022/0131(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application, if the Member States decide to do such checks, the recognition of regulated professions, and issuing the requisite visa referred to in Article 4(3).
Amendment 178 #
2022/0131(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the applicationThird country nationals or employers filing the single permit may submit additional information or documents required in an electronic format and in the English language, if agreed by the employer.
Amendment 181 #
2022/0131(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years, if the employment contract is shorter.
Amendment 189 #
2022/0131(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 194 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide free of charge upon request:
Amendment 198 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the futurprospective employer on all the documentary evidence needed for an application as well as the applicable fees;
Amendment 201 #
2022/0131(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third- country nationals and of their family members, as well as information on mechanisms for filing complaints and seeking legal redress.
Amendment 208 #
2022/0131(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate, not excessive, and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where the fee for the application is paid for by the employer, the employer shall not be entitled to recover the fee from the third country national afterwards.
Amendment 212 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
Amendment 214 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) have free access to the entire territory of the Member State issuing the single permitEuropean Union within the limits provided for by national law;
Amendment 221 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period of validity referred to in paragraph 1, Member States shall allow a single permit holder to be employed by a different employers than the first employer with whom the permit holder concluded a contract of employment, including in different Member States.
Amendment 224 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in paragraph 1, Member States may require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law:
Amendment 225 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 229 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 235 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer mayshall not be suspended for a maximum of 30 dayin cases whilere the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days of the single permit holder changing employer, if the Member State considers that there is a risk of labour exploitation.
Amendment 241 #
2022/0131(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threnine months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least threnine months expired.
Amendment 242 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including payremuneration, working time, leave entitlements and dismissal as well as health and safety at the workplace;
Amendment 243 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and trainingincluding where applicable occupational training entitlements;
Amendment 244 #
2022/0131(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other occupational and professional qualifications in accordance with the relevant national procedures;
Amendment 257 #
2022/0131(COD)
(b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements a legitimate interest in ensuring compliance with this Directive; or
Amendment 258 #
2022/0131(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with this Directive, depending on what national law provides for.
Amendment 15 #
2022/0085(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to avoid imposing a disproportionate financial and administrative burden on Union institutions, bodies and agencies, the cybersecurity risk management requirements should be proportionate to the risk presented by the network and information system concerned, taking into account the state of the art of such measures. Each Union institution, body and agency should aim to allocate an adequate percentage of its IT budget to improve its level of cybersecurity; in the longer term a target in the order of 10% should be pursued. In accordance with the EDPS recommendation, the minimum security requirements laid down by this Regulation should be equal to or higher than this minimum security requirements of the entities of NIS and NIS 2.0 proposals.
Amendment 16 #
2022/0085(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In the current geopolitical context, it is essential that the confidentiality of data be 24 hours a day, 7 days a week protected against cyber threat by specialised and operational teams.
Amendment 17 #
2022/0085(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to be able to guarantee an effective cybersecurity framework, CERT- EU requires stable, highly qualified and specialised staff. Those staff should have access to continuous training programs.
Amendment 19 #
2022/0085(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In its report of 15 February 2022 "Preliminary Remarks on Modern Spyware", the EDPS invited Members States to renounce the use and development on European soil of software such as Pegasus which might affect the right to privacy, the democracy and the rule of law, and could therefore be incompatible with the democratic values and the legal order of the Union;
Amendment 20 #
2022/0085(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In May 2011, the Secretaries- General of the Union institutions and bodies decided to establish a pre- configuration team for a computer emergency response team for the Union’s institutions, bodies and agencies (CERT- EU) supervised by an inter-institutional Steering Board. In July 2012, the Secretaries-General confirmed the practical arrangements and agreed to maintain CERT-EU as a permanent entity to continue to help improve the overall level of information technology security of the Union’s institutions, bodies and agencies as an example of visible inter-institutional cooperation in cybersecurity. In September 2012, CERT-EU was established as a permanent Taskforce of the European Commission with an interinstitutional mandate. In December 2017, the Union institutions and bodies concluded an interinstitutional arrangement on the organisation and operation of CERT-EU3 . This arrangement should continue to evolve to support the implementation of this Regulation. _________________ 3 OJ C 12, 13.1.2018, p. 1–11.
Amendment 23 #
2022/0085(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) On 9 March 2022, the EU Ministers of Telecommunications signed a declaration calling on the Commission to create an Emergency Response fund for cybersecurity to prepare the Union to face up to a large-scale cyber-threat. They ask the Cyber authorities concerned to make recommendations aimed at strengthening the empowerment and the resilience of Europe's digital infrastructures and connexions.
Amendment 30 #
2022/0085(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. CERT-EU tasks and activities, including services provided by CERT-EU pursuant to Article 12(2), (3), (4), (6), and Article 13(1) to Union institutions, bodies and agencies financed from the heading of the multiannual financial framework dedicated to European public administration, shall be funded through a distinct budget line of the Commission budget. CERT-EU earmarked posts shall be detailed in a footnote to the Commission establishment plan. This establishment plan shall be subject to a midterm review, every 2,5 years.
Amendment 31 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sexgender and other grounds of discrimination prohibited by Union law, namely nationality, 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 or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 39 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence, domestic violence and cyber violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive, including law enforcement authorities, receive mandatory training and targeted information. Trainings should cover the dynamics and impact of sexual assault victimization, the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims and how to assess the risk of their situation. Trainings should also cover how to properly interview and assist a victim who wishes to lodge a complaint. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 40 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Mandatory trainings of law enforcement authorities on how to receive a victim of gender- based violence, domestic violence or cyberviolence is essential to properly assist the filing of a complaint by the victim and to properly assess the risk of her situation.
Amendment 46 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domestic gender-based violence, domestic violence and cyberviolence. It establishes minimum rules concerning:
Amendment 47 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic gender-based violence, domestic violence or cyberviolence before, during or after criminal proceedings;
Amendment 57 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 women. The geographical distribution of these centres shall also be taken into account so as not to leave any isolated area.
Amendment 68 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The appropriate training for law enforcement authorities handling victim's judicial complaint is especially crucial in the context of the fight against gender- based violence, domestic violence and cyberviolence, considering they may be the first authorities to whom the victim is reaching out in the judicial proceedings.
Amendment 73 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies; in particular with the European Institute for Gender Equality and Europol cybercrime center to provide help Member States;
Amendment 76 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 a (new)
Article 44 – paragraph 7 a (new)
7 a. Article 44a new - Financing and monitoring of the measures and objectives laid down in this Directive
Amendment 77 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 b (new)
Article 44 – paragraph 7 b (new)
7 b. The relevant agencies, in particular the European Institute for Gender Equality and Europol, shall be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments, meaning that their support should not come at the expense of existing budget lines and Union programmes.
Amendment 78 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 c (new)
Article 44 – paragraph 7 c (new)
7 c. Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.
Amendment 119 #
2022/0047(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Data collected or generated by defence products or services or in the context of defence-related activities, including data collected or generated by dual-use products such as satellites, aircraft and drones when used in a defence context, should be excluded from the scope of this Regulation as the disclosure of such data would create strategic vulnerabilities for European security and defence.
Amendment 122 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. Product- design data, that relate exclusively to the inner functioning and design of a product and do not present a significant interest to the user, for example data generated or collected as a by product of the interaction between components of sub-components of a system, should be excluded from the scope of this Regulation, provided the product manufacturer can show sharing such data brings no significant benefits to the user in reasonably foreseeable use cases such as the maintenance and repair of the product.
Amendment 127 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Product design data, that relate exclusively to the inner functioning and design of a product,should be excluded from the scope of this Regulation insofar as such data brings no significant benefits to the user in reasonably foreseeable uses cases.
Amendment 137 #
2022/0047(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) After the data has been made available to a user or data recipient according to the provisions of this Regulation, the data holder should not be liable for any direct or indirect damages arising from, relating to, or in connection with the processing of the data by the user or by the third party.
Amendment 166 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 174 #
2022/0047(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.
Amendment 207 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interestresponse to or recovery from a public emergency and the data holders that provide those data in response to such request;
Amendment 216 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e-evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and the health and safety of citizens in accordance with Union law. This Regulation shall not affect data collected or generated by defence activities, products, or services or by products or services deployed and used for defence purposes, and it shall not affect product design data, insofar as the product manufacturer has demonstrated that such data is of no significant interest to the user. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) “product design data” are data that relate exclusively to the internal functioning of the system and design of the product, for instance in relation to interfaces and interactions between internal components or sub-components of the system;
Amendment 247 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘public sector body’ means national, regional or local authorities of the Member States and bodies governed by public law of the Member States, or associations formed by one or more such authorities or one or more such bodies;
Amendment 252 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) and which is determined according to the respective procedures under Union or national law;
Amendment 256 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means the maintenance of a minimum level of functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the destination service will deliver the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contract, , insofar as the originating and the destination data processing services cover (in part or in whole) the same service type;
Amendment 271 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the nature and volumtype of the data likely to be generated by the use of the product or related service;
Amendment 272 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access, retrieve, and request the deletion of those data;
Amendment 282 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge, easily, securely, in as structured, commonly used and machine-readable format and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 288 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product or a related service that competes with the product or the related service from which the data originate.
Amendment 300 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper, pursuant to Article […] of [Regulation XXX on contestable and fair markets in the digital sector (Digital Markets Act)73 ], shall not be an eligible third party under this Article and therefore shall not: _________________ 73 OJ […].
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) solicit or commercially incentivise a user or a data recipient in any manner, including by providing monetary or any other compensation, to make data available to one of its services that the user has obtained pursuant to a request under Article 4(1) or that the data recipient has obtained pursuant to this Article;
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 305 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active, unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time.
Amendment 323 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user beyond the provisions of that Regulation;
Amendment 327 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 328 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) use the data it receives to develop a product or related service that competes with the product or the related service from which the accessed data originate or share the data with another third party for that purpose;
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall implement adequate organizational, technical and cybersecurity measures to preserve the integrity of the data and to ensure its protection against unauthorised disclosure.
Amendment 334 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The data holder shall not be liable towards the user for any direct or indirect damages arising from, relating to, or in connection with the processing of the data by the user after the data has been made available.
Amendment 355 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(b a) inform the user of the unauthorised use or disclosure of the data and measures taken to put an end to the unauthorised use or disclosure of the data.
Amendment 357 #
2022/0047(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The data holder shall not be liable for any direct or indirect damages arising from, relating to, or in connection with the processing of the data by the data recipient after the data has been made available.
Amendment 367 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. This Chapter is without prejudice to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.
Amendment 370 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be deemed to exist in anywhere all of the following circumstancesonditions are met:
Amendment 373 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is strictly necessary to respond to a public emergency;
Amendment 375 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency and is limited in time and scope;
Amendment 378 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
Article 15 – paragraph 1 – point c – introductory part
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitlresponding to the public emergency or from assisting the recovery pfrovided by law; andm a public emergency;
Amendment 379 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
Article 15 – paragraph 1 – point c – point 1
(1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
Amendment 392 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) explain the purpose of the request, the intended use of the data requested, and the duration of that use, and which third parties the data may be disclosed to;
Amendment 394 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(e a) where the request is made by a public sector body to a data holder established in another Member State, confirm that the public sector body has notified the competent authority of that Member State in conformity with Article 22(3);
Amendment 396 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
Article 17 – paragraph 1 – point e b (new)
(e b) where the data requested concerns personal data, consult the competent supervisory authority under Article 51 of Regulation (EU)2016/679 or under Article 52 under Regulation (EU) 2018/1725, abide by its recommendations, and confirm the conformity of the request with Regulation (EU)2016/679 or Regulation (EU) 2018/1725.
Amendment 400 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, in view of completing the tasks in Article 15 or to make the data available to a third party in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. The obligations on public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 applylso apply to such third parties.
Amendment 401 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4 a. The third party shall not use the data it receives from a public sector body or a Union institution, agency or body to develop a product or a related service that competes with the product or related service from which the data originate.
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the applicable rules on personal data protection shall be fully complied with. The data holder shall take reasonable efforts to pseudonymise the datapersonal data made available, insofar as the request can be fulfilled with pseudonymised data.
Amendment 411 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. A data holder complying with a request to make data available pursuant to this article shall not be liable for any direct or indirect damages arising from, relating to, or in connection with the processing or the unauthorised disclosure of the data by the public sector body or a Union institution, agency or body, after the data has been made available.
Amendment 416 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) implement, insofar as the processing of personal data is necessary, technical, cybersecurity, and organisational measures that safeguard the rights and freedoms of data subjects;
Amendment 417 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) implement adequate administrative, technical and cybersecurity measures to prevent the unauthorised disclosure of the data;
Amendment 418 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
(b b) inform without undue delay the data holder when a security incident has occurred that is affecting the confidentiality,integrity, or availability of the data it holds that was provided by the data holder;
Amendment 420 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate technical, cybersecurity, and organizational measures to preserve the confidentiality of those trade secrets and to ensure the security of the data and the prevention of its unauthorised disclosure.
Amendment 423 #
2022/0047(COD)
1. Data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge.
Amendment 426 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 429 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A public sector body or a Union institution, agency or body shall be entitled to share data received under this Chapter with individuals or organisations or national statistical institutes and Eurostat in view of carrying out scientific research or analytics compatible withfor the purpose for which the data was requested, or to national statistical institutes and Eurostat for the compilation of official statistics.
Amendment 430 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received, providing all necessary information regarding the identity of the data recipient and the activities to be carried out by the data recipient, and shall ensure all organizational,technical, and cybersecurity measures to preserve the integrity of the data and to prevent its unauthorised disclosure.
Amendment 437 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 360 calendar days, the contractual agreement of the service;
Amendment 439 #
2022/0047(COD)
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contract shall be clear and transparent to the customer and shall include at least the following:
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
Amendment 446 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 360 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 451 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service. This provision applies to the original provider only insofar as the measures are related to the services,contractual agreements or commercial practices of the original provider.
Amendment 456 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article
Amendment 457 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shallmay, by way of implementing acts, adopt common specifications, where harmonised standards referred to in paragraph 4 of this Article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article, where necessary, with respect to any or all of the requirements laid down in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.
Amendment 458 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft European standards applicable to specific service types of data processing services.
Amendment 460 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this Article.
Amendment 461 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Where harmonised standards referred to in paragraph 4 of this Article do not exist or where the Commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article in a cross- border context, the Commission may, by way of implementing acts, adopt common specifications in respect of the essential requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.
Amendment 3 #
2022/0032(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) As the Chips Initiative was introduced after the adoption of the current 2021-2027 MFF, its implementation should not lead to a reduction of funding in other priority programmes, namely Horizon Europe and Digital Europe. Consequently any earmarking from those programmes to the Chips initiative should be compensated by alternative means, such as decommitments under Article 15(3) of the Financial Regulation, to full extent. Furthermore, to ensure stable funding of the initiative, the funding of the Chips Act should be prioritised in the mid-term review of the MFF.
Amendment 5 #
2022/0032(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Horizon Europe Framework programme established by Regulation (EU) 2021/695 of the European Parliament and of the Council51 (Horizon Europe) – the Framework Programme for Research and Innovation, has the objective to strengthen the European research area (ERA), encouraging it to become more competitive, including in its industry, while promoting all research and innovation (R&I) activities to deliver on the Union's strategic priorities and commitments, which ultimately aim to promote peace, the Union's values and the well-being of its peoples. As a major priority of the Union, the total financial resources allocated to the programme should not be reduced and the reduction of the financial resources of the programme, aimed to reinforce the financial envelope of the Digital Europe programme with the aim of contributing to the Chips initiative, should be fully compensated by another source. Consequently, without prejudice to the institutional prerogatives of the European Parliament and of the Council, an amount of commitment appropriations equivalent to the reduction should be made available to Horizon Europe over the period 2023- 2027, resulting from total or partial non- implementation of projects belonging to that programme or its predecessor, as provided for in Article 15(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council52 (the Financial Regulation). This amount will be in addition to the EUR 0.5 billion (in 2018 prices) already mentioned in the Joint Declaration by the European Parliament, the Council and the Commission on the re- use of decommitted funds in relation to the research programme. _________________ 51 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013. (OJ L 170, 12.5.2021, p. 1). 52 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 9 #
2022/0032(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) As the Chips Initiative was introduced after the adoption of the current 2021-2027 MFF, its implementation should not lead to a reduction of funding in other priority programmes, namely Horizon Europe and Digital Europe. Consequently any earmarking from those programmes to the Chips initiative should be compensated by alternative means, such as decommitments under Article 15(3) of the Financial Regulation, to full extent. Furthermore, to ensure stable funding of the initiative, the funding of the Chips Act should be prioritised in the mid-term review of the MFF.
Amendment 11 #
2022/0032(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Horizon Europe Framework programme established by Regulation (EU) 2021/695 of the European Parliament and of the Council51 (Horizon Europe) – the Framework Programme for Research and Innovation, has the objective to strengthen the European research area (ERA), encouraging it to become more competitive, including in its industry, while promoting all research and innovation (R&I) activities to deliver on the Union's strategic priorities and commitments, which ultimately aim to promote peace, the Union's values and the well-being of its peoples. As a major priority of the Union, the total financial resources allocated to the programme should not be reduced and the reduction of the financial resources of the programme, aimed to reinforce the financial envelope of the Digital Europe programme with the aim of contributing to the Chips initiative, should be fully compensated by another source. Consequently, without prejudice to the institutional prerogatives of the European Parliament and of the Council, an amount of commitment appropriations equivalent to the reduction should be made available to Horizon Europe over the period 2023- 2027, resulting from total or partial non- implementation of projects belonging to that programme or its predecessor, as provided for in Article 15(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council52 (the Financial Regulation). This amount will be in addition to the EUR 0.5 billion (in 2018 prices) already mentioned in the Joint Declaration by the European Parliament, the Council and the Commission on the re- use of decommitted funds in relation to the research programme. _________________ 51 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013. (OJ L 170, 12.5.2021, p. 1). 52 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 25 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union and the semiconductor value chain to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition, improving the sustainability, reducing the environmental impact of next generation chips and strengthening the circular economy processes, and address security needs by enabling secure and resilient designs that defend against cybersecurity threats.
Amendment 29 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 1
Article 4 – paragraph 2 – point d – point 1
(1) strengthen skills, knowledge and capacities and offer a wide range of expertise to the stakeholders, including end-user SMEs and start-ups, facilitating access to and effective use of the above capacities and facilities;
Amendment 30 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, training, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers and by enhancing collaboration between the academia and industry.
Amendment 31 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
Article 4 – paragraph 2 – point e – point 3
(3) accelerating investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply and protection of intellectual property for the whole semiconductor value chain.
Amendment 6 #
2021/2252(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that despite some recent improvements, the current status quo is characterised by a lack of policy steer, coordination, fragmentation, duplication and unhelpful continued competition between the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and European development and finance institutions; underlines the need to make the current system more efficient and focused to ensure an optimal use of resources, a better return on EU taxpayers’ money and a stronger development impact;
Amendment 13 #
2021/2252(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission, the Member States, the EIB, the EBRD and European development and finance institutions to strengthen their cooperation within the EFSD+ open architecture by taking a Team Europe approach; stresses the need for greater specialisation and a better division of labour to ensure synergies and complementarities; underlines the need to move away from the current project-based approach towards sector-based programming involving all stakeholders from the start, including private investors, to increase leverage and impact;
Amendment 32 #
2021/2252(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reaffirms that all implementing partners accessing EU budget funds under the EFSD+ must fully apply EU social and environmental standards, polices, rules and procedures. Calls on the European Commission to assess, monitor and report back on these aspects.
Amendment 5 #
2021/2251(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
Amendment 9 #
2021/2251(INI)
Motion for a resolution
Recital A (new)
Recital A (new)
A. whereas Russia’s aggression in Ukraine on February 24 2022 has led the European Union to impose unprecedented economic sanctions; whereas the conflict generated by Russia has led a high number of Ukrainian citizens to leave Ukraine and to travel and settle in the EU; whereas the military invasion will generate economic and social consequences on the European continent, in particular on Eastern Europe countries;
Amendment 18 #
2021/2251(INI)
Motion for a resolution
Recital D (new)
Recital D (new)
Amendment 37 #
2021/2251(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the Recovery and Resilience Facility (RRF) is an unprecedented and one-off instrument of solidarity and a cornerstone of the NextGenerationEU (NGEU) instrument, ending in 2026, as the main tool in the EU’s response to the COVID-19 pandemic to prepare the economies of the EU to face the new challenges;
Amendment 42 #
2021/2251(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls fiscal consolidation and a sound economic environment for future investments as the underlying reason behind establishing the RRF;
Amendment 56 #
2021/2251(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that even if the economic effects of the RRF cannot be fully disentangled from other developments, it seems fair to conclude that, so far, the RRF has hadthe RRF is likely to have a positive effects on gross domestic product (GDP) and that its effective implementation will be key forcontribute to the EU’s economic growth; recognises that the RRF has helped to cushion EU economies and citizens from the most acute impacts of the COVID-19 pandemic and is positively contributing to the EU’s recovery and resilience;
Amendment 63 #
2021/2251(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that, according to the Commission, the real GDP of the EU-27 could be around 1.5 % higher in 2024 than without NGEU investments19 , when implemented effectively; notes, furthermore, that the Commission forecasts that RRF grants will fund 24 % of total recovery support measures in 2022; highlights that Russia’s aggression in Ukraine will have economic and social consequences over the continent, particularly in Eastern Europe, that might influence the forecasts; __________________ 19 European Commission discussion paper 144, Quantifying Spillovers of Next Generation EU Investment, July 2021. https://ec.europa.eu/info/sites/default/files/ economy-finance/dp144_en.pdf
Amendment 72 #
2021/2251(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates the importance of the successful implementation by the Member States of national recovery and resilience plans (NRRPs) in order to ensure a long- term impact on the EU economy and society; recalls that the RRF is a performance-based mechanism, whereby funding is disbursed upon completion of milestones and targets related to measures and that the Commission should halt disbursements in case the milestones and targets are not met;
Amendment 88 #
2021/2251(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the packages of reforms and investments, particularly growth-enhancing ones under the RRF, should also generate EU added value; improve EU competitiveness ; emphasises that the packages of reforms and investments under the RRF should also contribute to the implementation of the European Pillar of Social Rights;
Amendment 111 #
2021/2251(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned, however, that only seven Member States have requested loans amounting to a total of EUR 166 billion out of the EUR 385.8 billion avEmphasises that all grants from the RRF should be invested in the implementation period of 2021-2026 to realise the EU’s objectives of sustailnable for loans, leaving a considerable amount available should Member States require loans at a later stage; is preoccupied that the limited interest for the loan component may lead to lost opportunities and prevent the RRF from reaching its full potential;economic growth, resilience and competitiveness; urges Member States to facilitate private investments in connection to the RRF-funded projects in order to increase volume of the recovery plan and close the major investment gap in the fields of green and digital transition.
Amendment 122 #
2021/2251(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds all Member States and the Commission that the current war in Ukraine poses a serious threat to the EU recovery and resilience strategy; urges the European Commission to explore ways in which unused loans could be requested to tackle the economic, social and energy consequences following Russia’s aggression in Ukraine on February 24 2022;
Amendment 129 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysing: a) the reasons why thsome Member States have not requested logrants to the full extent of their allocation;, b) the extent of loans adopted by central banks in Member States to supplement RRF grants and c) private investments generated from RRF-funded projects.
Amendment 131 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; calls on the Commission, where relevant, to come forward with targeted measures to incentive the optimal use of the resources available under the RRF, taking into account the new financial needs caused by the Russian invasion of Ukraine and the side-effects of sanctions on Russia;
Amendment 138 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; stresses that depleting the funds available for loans is not a goal in and of itself; emphasizes that some Member States can borrow at a rate lower than the European Commission due to their fiscal prudence and are hence not in need of RRF loans;
Amendment 143 #
2021/2251(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that, under Article 21 of the Recovery and Resilience Facility, objective circumstances allow a Member State to make a reasoned request to the Commission to make a proposal to amend or replace the approved plan; recalls that objective circumstances do not include political developments in Member States and insists that the Commission should apply a strict definition of the objective circumstances that justify such an amendment;
Amendment 152 #
2021/2251(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; regrets the lack of public information on how the NRRPs comply with the requirement of additionality; urges the Member States to provide detailed information to the Commission in order to ensure effective reporting of the impact of the RRF; ; stresses the importance of a transparent and public score board and thus the need of benchmarking reforms and investments
Amendment 154 #
2021/2251(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; urges the Member States to provide detailed, transparent and timely information information to the Commission in order to ensure effective reporting of the impact of the RRF;
Amendment 169 #
2021/2251(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls that the bonds issued to finance the RRF are to be repaid in a manner that ensures the steady and predictable reduction of liabilities, by 2058 at the latest;
Amendment 214 #
2021/2251(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that all approved NRRPs expect to achieve the digital target of at least 20 % set out in the RRF Regulation and that the overall digital expenditure of all approved NRRPs reaches almost 29 % or EUR 130 billion; notes that countries have taken different approaches to supporting SMEs and highlights different initiatives such as measures for tax relief, voucher schemes and R&D incentives, digitalisation and aggregators for available technologies and services to SMEs, or speeding of fund distribution to companies;
Amendment 217 #
2021/2251(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance that the NRRPs dedicate almost 50 % of total expenditure or EUR 203 billion to measures to benefit the well-functioning of the single market, improving the business environment and promoting private investments; calls on the Member States to lift all unnecessary obstacles that would prevent SMEs from accessing the relevant RRF funding; asks Member States to implement the NRRPS according to a transparent schedule to allow the private sector to plan their activities and projects according to the relevant reforms and funding;
Amendment 285 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29 d. Recalls that the EU objective to have 5G connectivity in all populated areas of the EU by 2030 is of utmost importance but at the same time particularly challenging to achieve; recalls that scattered and inconsistent approaches between Member States risk countries being left behind and the digital gap between them being exacerbated; notes that several RRPs contain investment proposals in 5G connectivity and recalls that Member States should complement these investments with measures for mobile broadband and infrastructure expansion;
Amendment 286 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29 e. Highlights that synergies between RRF and other Union funding programmes are essential in order to ensure a proper recovery and consolidated resilience of the Union; regrets that some Member States have postponed the presentation of their Operational Programmes for the implementation of the EU structural funds for the period 2021-2027; calls on the Commission to assess the causes of these delays and to address them;
Amendment 287 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 f (new)
Paragraph 29 f (new)
29 f. Underlines the need for complementarity with other EU sources of finance to ensure synergies in EU spending efforts, in particular with cohesion policy funds which cover similar objectives to the RRF but with a focus on more long-term structural actions; calls on Member States and cohesion managing authorities to ensure that the Partnership Agreements are linked to and in complementarity with the RRPs.
Amendment 290 #
2021/2251(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes the Commission assessment that all NRRPs address at least a significant subset of challenges identified in the relevant European Semester recommendations but that not all challenges are addressed, such as sustainability of public finances, tax evasion, tax administration and tax avoidance ensuring stability on the housing market and tackling homelessness, equal access to childcare, structural policies that consolidate competition, public administration red tape and malfunctions of state-owned enterprises, ensuring access to independent civil justice and tackling shadow economy and corruption;
Amendment 294 #
2021/2251(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Encourages the Commission to make sure that Member States address the Country Specific Recommendations adequately and that this foundational principle of the RRF is adhered to when scrutinising the NRRPs and their implementation;
Amendment 300 #
2021/2251(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Underlines that means available for the RRF should be used in the context of REPowerEU before any new instruments are introduced; warns against the automatic reflex in some Member States to push for the creation of additional common debt for that purpose; emphasizes that Member States can use the existing RRF to finance their energy transition in this particular regard; stresses furthermore that the remaining amount of loans available must never become grants;
Amendment 305 #
2021/2251(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Invites the Commission to reflect on ways to direct RRF resources towards defence spending, while respecting the distribution of competences in this policy area;
Amendment 315 #
2021/2251(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Urges the Commission to ensure that the evaluation of the milestones and targets achieved by the Member States as part of their NRRP will be based on rigurous quantitative and qualitative assessment; is concerned that a simple quantitative evaluation of the milestones and targets achieved would lead to a box ticking dynamic in Member States, which would then miss a historical opportunity for long-term structural reforms;
Amendment 316 #
2021/2251(INI)
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Urges Member States to publish periodically up-to-date data on the funds transfered to final recipients, thereby enabling the accurate monitoring of the NRRP implementation;
Amendment 363 #
2021/2251(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the launch in December 2021 of the recovery and resilience scoreboard, which will allow every citizen to monitor the implementation of the RRF; Calls for the Commission to launch its Recovery and Resilience Scoreboard in April 2022 as planned and ensure updates of the scoreboard twice a year in accordance with the RRF regulation; urges the Commission to enforce that Member States should provide the data necessary to report on the progress with regard to the six pillars of the RRF regulation and thereby enable every citizen to monitor the implementation of the RRF.
Amendment 371 #
2021/2251(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that Member States’ NRRPs report on their communication strategies; deplores however that, without a clear standard, such communication campaigns are envisaged to be very different, thus limiting the visibility of the RRF and EU funding overall; Calls for the Commission and Member States to ensure that the mandatory single web spaces on NRRPs include: a) public procurement plans to improve transparency and enable companies across Member States to tender for projects and b) supplier list open for registration so that main suppliers will have a better overview of potential subsuppliers in other Member States;
Amendment 11 #
2021/2203(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EIB signed loans for EUR 95 billion in 2021; and supported circa 430 thousand SMEs and mid-caps which are the backbone of EU Single Market;
Amendment 13 #
2021/2203(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas EUR 20.7 billion of the EIB Group’s financing supported innovation, including investment in digitalisation and the promotion of skills and training for the digital world, substantially contributing to EU global competitiveness and employment;
Amendment 15 #
2021/2203(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas during the Covid pandemic the EIB has signed around EUR 6.3 billion worth of loans as part of the COVID-19 response in the health sector, including projects for health and hospital infrastructure, medical equipment, as well as the strengthening of the medical health system with pandemic preparedness interventions;
Amendment 17 #
2021/2203(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the EIB Board of Directors approved the EIB Emergency Solidarity Package for Ukraine on 4 March and subsequent payments totalling €129 million to the Government of Ukraine for the most urgent needs followed;
Amendment 43 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Condemns in the strongest possible terms the Russian Federation’s military aggression against and invasion of Ukraine, as well as the involvement of Belarus in this aggression; calls on the EIB to be highly vigilant and follow closely new sanctions and measures agreed by the Member States; believes that in order to ensure full consistency with the aim of EU sanctions all efforts must be made by the EIB and its intermediaries to prevent direct and indirect financing of persons and entities linked to Russian and Belarusian executive and legislative bodies;
Amendment 3 #
2021/2180(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard especially to the decision of the Court of Justice of the European Union in Cases C-156/21 Hungary v Parliament and Council Press and Information and C-157/21 Poland v Parliament and Council;
Amendment 47 #
2021/2180(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities (Article 2 TEU values) and in the Copenhagen Criteria – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union and they cannot just be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union;
Amendment 53 #
2021/2180(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the principle of sincere cooperation in Article 4 (3) TEU provides for an obligation of Member States to actively seek compliance with the EU Treaties, to facilitate the achievement of Union tasks and to obtain from any contravening measures;
Amendment 70 #
2021/2180(INI)
Motion for a resolution
Recital C
Recital C
C. whereas without meaningful recommendations and effective follow- up, the rule of law report may fail to prevent, detect and effectively address systemic challenges and backsliding on the rule of law, as witnessed in several EU Member States in recent years;
Amendment 119 #
2021/2180(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the judgements of the European Court of Justice of 16th of February 2022 and its conclusions that the EU indeed has competences regarding the Rule of Law in the Member States, that Rule of Law conditionality mechanism is in line with EU law, and that the actions brought by Hungary and Poland against the Rule of Law Conditionality Regulation should be dismissed;
Amendment 130 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic spacesituation of the civic space in the Member States deserves a separate subheadingchapter in the report; and deserves the creation of a ‘European civic space index’;
Amendment 143 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time and importance should be devotedgiven to the Commission’s country visits, including on siteespecially on site; calls on the Commission to raise greater awareness of these visits among the public in order to foster a rule of law culture at national level; furthermore it calls on the Commission to organise communication campaigns about the importance of respecting the Rule of Law;
Amendment 148 #
2021/2180(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that the Rule of Law report is currently a descriptive documentation of the situation in the Member States; stresses that a thorough analysis of the state of play in the Member States require an analysis and an overall evaluation of the Rule of Law in the Member States; calls on the Commission therefore to develop a Rule of Law index based on an objective and non- discriminative point system, which as a ‘traffic light’ assessment could signal the level of the rule of law in the Member States;
Amendment 187 #
2021/2180(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is strongly of the opinion that the Rule of Law cycle can be effective only if the principle of sincere cooperation set out in Art. 4 (3) TEU is equally respected and applied by the European institutions and the Member States;
Amendment 239 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism, antigypsyism and anti- Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people especially people living in marginalised settlements, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rightis particularly concerned about the deterioration of the situation of sexual and reproductive health and rights of women in some Member States, including the imposition of highly restrictive laws on abortion; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rights; strongly reiterates its call on the Commission to include within the scope of future reports an in-depth assessment of the persistent violations of democracy and fundamental rights throughout the Union, including equality and the rights of persons belonging to minorities;
Amendment 280 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short or ill-timed and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holiday due to the limits of their capacities and their financial resources; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 331 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Conditionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments; calls on the institutions to activate such tools without delay; reiterates its call on the Commission to create a direct link between the Annual Rule of Law reports and the Rule of Law Conditionality mechanism;
Amendment 348 #
2021/2180(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that infringement procedures are the core instrument to protect and defend EU law and the common values enshrined in Article 2 TEU; notes with concern that the number of infringement procedures launched by the Commission has plummeted since 2004; is surprised by the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to actively and systematically monitor the implementation of EU law and to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter-State cases in accordance with Article 259 TFEU; is concerned that without systematic and timely application the preventive capacity of infringement procedures declines;
Amendment 364 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Highlights that constitutional checks and balances at EU level should also be independently assessed; commits, to that end, to request a Venice Commission opinion on key principles of democracy in EU governance, in particular the separation of powers, accountability and checks and balances;
Amendment 9 #
2021/2162(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, following the entry into force of the multiannual financial framework (MFF) for 2021-2027, the Commission published a roadmap and launched a public consultation with a view to aligning the Financial Regulation, where appropriate, with the rules agreed by the legislator as part of the MFF 2021-2027 package, and to proposing limited and targeted improvements required by the evolving situation, for instance following the COVID-19 crisis or in the context of the growing opportunities for digitalisation, as well as improvements regarding crisis management, administrative simplifications for EU funds recipients, and protection of EU financial interests in accordance with the general principles embedded in the Union Treaties, in particular the values laid down in Article 2 TEU, as well as in accordance with the principle of sound financial management enshrined in Article 317 TFEU and in the Rule of Law Conditionality Regulation;
Amendment 22 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements; red tape reduction and simplifications, in particular where they increase transparency and democratic scrutiny; increase the accessibility to the EU funding for the citizens, SMEs, local and regional authorities;
Amendment 47 #
2021/2162(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with concern the increasing use of the Article 122 TFEU for setting new mechanisms and bodies with budgetary implications to the EU budget under which the Parliament’s role is limited to mere right to information and calls on ensuring an appropriate role of the Parliament in the budgetary scrutiny of such initiatives;
Amendment 68 #
2021/2162(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the article 2 TEU and the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; recalls that, upon adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation into the Financial Regulation upon its next revision and urges the Commission to make this proposal; calls on the Commission to examine possibilities to strengthen coherence between the two instrumenall EU instruments that allow the protection of the financial interests of the Union, the respect of the EU values and rule of law, including the recommendations from the rule of law reports;
Amendment 71 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates that ensuring the respect of all the values enshrined in article 2 of the TEU is a form of ensuring the protection of the EU budget and of the EU’s financial interests; highlights that Regulation 2021/1060 (CPR) equipped the Commission with strong ex-ante control mechanisms to ensure that managing authorities are in full compliance with the respect of EU values, in particular the non-discrimination principle; believes, however, that there is still a strong risk that final beneficiaries of EU funds use them in a way that is not compliant with EU values throughout their execution; calls therefore on the Commission to include in the Financial Regulation provisions setting out ex-post control mechanisms and procedures ensuring that every euro of the EU budget is used for projects or organisations that respect EU values, in addition to existing mechanisms; believes that a mandatory single, inter-operable and transparent database of direct and ultimate beneficiaries of EU funds would facilitate the detection of such breaches of EU values;
Amendment 77 #
2021/2162(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that it is important to know who benefits from EU funds in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular; notes that data for identifying economic operators and their beneficial owners is not easily, or not at all, accessible12 ; considers that the centralisation of the information in a single, interoperable EU database with information on direct and ultimate beneficiaries would overcome the identified fragmentation and lack of transparency; notes that digitalisation of the management of EU funds coupled with a comprehensive definition of conflict of interest at the European level will increase the efficiency for the protection of the financial interests of the EU; _________________ 12Study on the largest 50 beneficiaries in each EU Member State of CAP and Cohesion Funds, requested by the CONT Committee, PE 679.107 - May 2021.
Amendment 83 #
Amendment 84 #
2021/2162(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Regrets that the Commission did not plan to conduct an impact assessment for the modification of the Financial Regulation, despite that while the proposal will only target specific modifications, there is no clear evidence that the final text of this revision or future modifications cannot have any direct economic, environmental and social impacts; recalls that according to the European Court of Auditors, an impact assessment could have provided clear information on the accessibility of EU funds for EU citizens, which the revision of the Financial Regulation needs to improve;
Amendment 122 #
2021/2162(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. SuggeInsists that the Financial Regulation be revised to guarantee the appropriate role of Parliament in the setting up, supervision and scrutiny of any new trust fund, including in the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, the implementation, continuation and possible liquidation; reiterates that Parliament should be involved as observer, and able to monitor the activities of the governing bodies of a trust fund; stresses that timely, regular and figure- based information on the implementation of a trust fund is essential to allow Parliament to exercise its democratic oversight and scrutiny role;
Amendment 126 #
2021/2162(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to ensure that Union trust funds bring clear visibility for the Union and to raise awareness of their results and achievements by reinforcing provisions on efficiency incommunication to citizens and stronger synergies between the communication activities, in a similar vein as on the ESI funds;
Amendment 1 #
2021/2071(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
— having regard to Articles 2 and 7 of the Treaty on European Union (TEU),
Amendment 3 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 5 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Commission communication of 30 September 2020 on the 2020 Rule of Law Report – the rule of law situation in the European Union (COM(2020)0580),
Amendment 6 #
2021/2071(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Commission’s reasoned proposal for a Council decision of 20 December 2017 on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law, issued in accordance with Article 7(1) of the Treaty on European Union (COM(2017)0835),
Amendment 6 #
2021/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets the Commission’s intention to develop guidelines for the application of the Regulation; Reiterates that the application of the Rule of Law Conditionality Regulation cannot be subject to the adoption of guidelines, and urges the Commission to avoid any further delay in its application;
Amendment 7 #
2021/2071(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the conditionality mechanism set out by the Regulation was part of the overall political agreement on the Multiannual Financial Framework (MFF) 2021-2027, the Next Generation EU (NGEU) recovery plan and the Own Resources Decision, and should not be delayed in its application, in particular with regard to the application of the aforementioned instruments;
Amendment 8 #
2021/2071(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas the volume of the MFF 2021-2027 and the NGEU represents an unprecedented budget for the EU in its history that aims to support EU’s economic and social recovery following the consequences of the EU-Covid pandemic, and therefore requires more than ever timely and proper application of the principles of the sound financial management, as well as the protection of EU’s financial interests;
Amendment 8 #
2021/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that after the Commission has begun to draft guidelines on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopdecided to preprare the Guidelines the Parliament in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism requested the Commission to submit the guidelines by 1 June 2021 the latest; regrets that the Commission has handed over the draft guidelines on the application of the Regulation with 2 weeks delay; is of the opinion that the draft guidelines in its current form do not contain any additional information, which could contribute to the proper application of the regulation; concludes therefore that the Commission’s guidelines are partof its delaying tactic of the application of the regulation;
Amendment 9 #
2021/2071(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas according to the Regulation, respect for the rule of law is an essential precondition for compliance with the principles of sound financial management;
Amendment 11 #
2021/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;
Amendment 13 #
2021/2071(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;
Amendment 13 #
2021/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Deplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to act without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 14 #
2021/2071(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Is strongly of the opinion that the Parliament has to continue its necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission; is of the opinion that non-action or slow action by the Commission is a strong political signal not only to the European institutions and the Member States but also to the European citizens;
Amendment 15 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied; further stresses that the legislators have not conferred implementing or executive powers to the Commission to precise the application of the Regulation;
Amendment 20 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofRegrets the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 21 #
2021/2071(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the Conditionality Mechanism; calls on the Commission to clarify a methodology to create a clear and direct link, when relevant, between the annual reports and the Conditionality Mechanism;
Amendment 24 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding and by no means could delay the application of the Regulation already in force; notes that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 26 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notdeplores that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 27 #
2021/2071(INI)
3 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 29 #
2021/2071(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;
Amendment 30 #
2021/2071(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union;
Amendment 32 #
2021/2071(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Believes that transparency is essential to foster the confidence of Member States and citizens in the Conditionality Mechanism:points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way; Calls therefore on the Commission to set-up the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 33 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UStresses that measures under the Regulation are necessary in particular in cases where other procedures set out in Union legislation would not allow the Union budget to be protected more efficiently; therefore urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation, in particular Member States already under the procedure of Article 7 TEU;
Amendment 35 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UDeplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to avoidct without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 39 #
2021/2071(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the political guidelines for the European Commission 2019-2024 stated that 'there can be no compromise when it comes to defending our core values' and that it would be ensured that the full Union toolbox would be used at European level; recalls that the Commission ‘shall be completely independent’, and its members ‘shall neither seek nor take instructions from any Government’ in accordance with Article 17(3) of the TEU and Article 245 of the TFEU; recalls further that in accordance with Article 17(8) of the TEU, the Commission ‘shall be responsible to the European Parliament’;
Amendment 41 #
2021/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AskRequests the Commission to report to Parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 46 #
2021/2071(INI)
6 a. Calls on the Commission to clarify in the guidelines that breaches of the rule of law in a Member state which result from decisions or events that took place prior to 1 January 2021 still fall within the scope of the regulation as long as their effect is still ongoing;
Amendment 51 #
2021/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in Article 3 of the Regulation; calls onurges the Commission to investigate potential occurrences of the breaches included in that list in the Member States, while pointing out that other practices or omissions by public authorities may also be relevant;
Amendment 61 #
2021/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions; in particular, calls on the Commission to take materials from EU bodies, such as the Court of Justice of the European Union, the Court of Auditors, the Commission’s annual Rule of Law Report and EU Justice Scoreboard, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO), or from international organisations, such as the Council of Europe;
Amendment 63 #
2021/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions, including information in the public domain and from fact-based investigative journalism;
Amendment 64 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the conditionality mechanism; calls on the Commission to clarify, in the guidelines, a methodology to create a clear and direct link, when relevant, between the annual reports and the conditionality mechanism;
Amendment 67 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 75 #
2021/2071(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to take this into account when drafting the guidelines;
Amendment 80 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in Article 7 TEU, in the Common Provision Regulation (CPR), in the Financial regulation or in other sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 83 #
2021/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the Union budget or the protection of the financial interests of the Union, which may be difficult to address by other Union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred; underlines that the Regulation is the only EU legislation linking the respect of the rule of law to the EU budget; considers, therefore, that its unique provisions should be fully applied to ensure a complementary protection of the rule of law in addition to EU finances;
Amendment 90 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges and media or the neutrality of public authorities, have in general a clear iand direct impact on the proper management, spending and control, including civilian oversight, of Union funds;
Amendment 91 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear inand direct impact on the proper management, spending and control of Union funds;
Amendment 93 #
2021/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that Articles 6 and 7 of the Regulation sets out all steps and a precise timeline for the adoption and lifting of measures under the Regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity, non-discrimination and equal treatment of Member States and is to be conducted using a non-partisan and evidence-based approach;
Amendment 96 #
2021/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the Council is bound to act upon any proposal of the Commission to adopt appropriate measures under the Regulation within a period of one month, which may be extended by a maximum of two additional months in exceptional circumstances; considers that the Commission should ensure that these time references are fully respected for a timely decision;
Amendment 97 #
Amendment 98 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that transparency is essential to foster the confidence of Member States and citizens in the conditionality mechanism: points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way;
Amendment 99 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to set up, in the guidelines, the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 100 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;
Amendment 105 #
2021/2071(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that under the Regulation, it is essential that the legitimate interest of final recipients and beneficiaries are properly safeguarded;
Amendment 111 #
2021/2071(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recalls that the Regulation shall be applied in a manner that ensures the protection of persons reporting on breaches of Union law, in line with the principles set out in Directive (EU) 2019/1937;
Amendment 116 #
2021/2071(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or Member States is in fact paid to final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; asks the Commission to further clarify which other sources of funding could be used by Member States to ensure that they respect their obligations to final recipients or beneficiaries, when EU funds are suspended; asks the Commission to present its view on the management of a suspended EU fund in a concerned Member State;
Amendment 57 #
2021/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first annual Rule of Law Report as part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolbox; encourages further development of this new tool for agenda-setting and preventive purposes;
Amendment 65 #
2021/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that justice systems, the anti-corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, are all part of the Commission’s annual overview of the rule of law situation in the Member States; encourages the Commission to also highlight positive trends in Member States that could serve as good examples for others to follow;
Amendment 69 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the 2020 report is overly descriptive and does not provide sufficient analysis; and the Commission do not draw any conclusions on the state of the Rule of Law in the Member States and in the Union in general; believes the 2020 report fails to provide clear assessments stating whether there are serious deficiencies or a risk of a serious breach of the Union values in each of the pillars under analysis in the country chapters; considers these assessments necessary to identify follow up actions and remedial tools; considers it necessary that the report contains country specific recommendations on how to address the identified concerns and benchmarks to be followed up;
Amendment 70 #
2021/2025(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the analysis and the conclusions of the reports should be directly contributing to the Rule of Law Conditionality Mechanism; calls on the Commission to clarify in the methodology the link between the two mechanisms;
Amendment 73 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a sufficient preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and toolsformulate conclusions about the state of the rule of law and to identify follow-up actions and remedial measures and tools; calls on the Commission to include in the reports indication of such follow-up and remedial action, whose progress should be then illustrated in the following report;
Amendment 77 #
2021/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States undwhere the Article 7(1) TEU procedurerule of law is in crisis; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and tools;
Amendment 83 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; and signal if those are affecting or risk affecting the financial interest of the Union;
Amendment 84 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law or risks thereof;
Amendment 89 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls on the Commission to assess how such attacks compromise the quality of democracy in the Union and whether it is appropriate to reflect on the inclusion of offences against the rule of law and constitutional integrity in the Union's list of serious crimes;
Amendment 93 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that not all rule of law issues were covered in sufficient detail by the annual report; invites the Commission to develop its country-specific expertise and capacity to react more promptly to negative developments in the Member States; calls on the Commission to devote sufficient resources to the monitoring and enforcement of the rule of law in the EU;
Amendment 96 #
2021/2025(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that the laws, the democratic institutions, their independence, the checks and balances, the rule of law in a Member State have to be functional not only de jure but also de facto;
Amendment 101 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that including the national prosecution services as those are essential preconditions not only of the rule of law within the Member States but also of the protection of the Union’s financial interests; considers that the integrity of the judges and prosecutors and other persons working in the justice systems and the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 103 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chaptersany relevant information about the state of the rule of law in the country, as well as situate new developments in their political context;
Amendment 104 #
2021/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the monitoring of the independence, quality and efficiency of the Member States’ justice systems; considers that the enabling environment to ensure access to justice for all should also be monitored, including access to justice at Union level and the efforts and resources devoted to fighting impunity; considers that the reports should go beyond a static annual snapshot and include information on relevant antecedents in the country chapters;
Amendment 106 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to examine the levels of impunity in the Member States when assessing whether respect for effective judicial protection and systems of safeguards are adequate; reiterates that impunity is a systemic failure and that Member States must fight with all the means at their disposal to combat it; recalls that in a balanced judicial system, the level of protection for victims and defendants must be the same;
Amendment 116 #
2021/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is alarmed by the stark deterioration of the independence of some Member States’ justice systems, as reflected in some country chapters; calls on the Commission to clearly assess and designate such shortcomings and findings identified as a clear risk of a serious breach of the rule ofn light of applicable standards in EU law;
Amendment 127 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEUat the governments of Poland and Hungary have repeatedly attempted to prevent national courts from referring cases to the Court of Justice of the European Union under Article 267 TFEU; considers this practice to be in contravention of the Treaties and the CJEU's established interpretation of the relevant provisions; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 128 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; invites the Commission to include in future reports detailed data on Member States' compliance with ECJ rulings; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 130 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to analyse in detail initiatives by Member States' governments that may jeopardise the independence of their national courts, in particular when a very high percentage of members of the judiciary or other involved party request it; recalls that the rule of law report must be objective and apply the same criteria when assessing all Member States;
Amendment 131 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is alarmed by the legislative measures adopted in some Members States under the pretext of COVID-19 measures; reaffirms its position that such measures need to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial1a; _________________ 1a Texts adopted, P9_TA(2020)0307.
Amendment 134 #
2021/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern at the use of legal measures by governments and powerful individuals to silence critics, such as the use of strategic lawsuits against public participation (SLAPPs), or the use of laws curtailing the right to freedom of expression in a manner incompatible with international human rights law, for example against LGBTI and women’s activists;calls on the Commission to accelerate the setting up of the expert group on SLAPPs as foreseen in the European Democracy Action Plan, to begin its work as soon as feasible and to ensure any upcoming legislative proposal addresses these issues;
Amendment 139 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanismRegulation 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget; stresses that Regulation 2020/2092 is in force since 1 January 2021 and calls for its immediate application in line with Parliament's resolution of 25 March 2021;
Amendment 155 #
2021/2025(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to continue to assess rigorously and objectively whether press freedom is respected in all Member States; insists on the need to examine measures taken by any government to silence critical media and/or to undermine freedom and pluralism;
Amendment 159 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public service media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitoredand particularly its Article 30 should be closely monitored and infringement procedures should be initiated as a matter of priority; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 164 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; recalls that threats and intimidation against journalists, including with regard to the disclosure of information on violations of fundamental rights, not only persist but are on the increase, and often lead to self- censorship and undermine the public's right to information; observes with concern that challenges to media freedom are interlinked with the undermining of artistic freedom and academic freedom; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and coexistence with hate crime and hate speech, and for the title of the pillar to be adapted accordingly;
Amendment 169 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to assess in future reports the effect that hate crimes and hate speech have on the rise of violent outbreaks and dynamics of discrimination in Member States; recalls that hate crimes and hate speech are becoming normalised in many Member States, fuelled by the rise of extremist movements and their rhetoric, including those in power;
Amendment 174 #
2021/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the report’s pillar on checks and balances and its examination of exceptional measures taken to fight the COVID-19 pandemic; notes with concern that the shrinking space for civil liberties in response to the pandemic has led to growing frustration among many citizens; warns that the channelling of this frustration has sometimes resulted in protests against the authorities or street violence; calls on the Commission to analyse these phenomena in its next report;
Amendment 183 #
2021/2025(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses in particular the deterioration of the independence of some Member States’ equality bodies since the publication of the reports, which constitutes an immediate threat to the fundamental rights of citizens;
Amendment 187 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks on an enabling civic space; Considers that, given the role of civil society in promoting, explaining, monitoring and holding governments accountable with regard to the realisation of Union values, including key building blocks of the rule of law, an additional chapter dedicated to monitoring the evolution of civic space in Member States should be added to each country report and the horizontal report;
Amendment 188 #
2021/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission to define clear benchmarks con an enablingcerning the breadth and openness of civic space;
Amendment 189 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to assess in future reports whether the exercise of political rights by citizens is guaranteed in all Member States; recalls that hate speech, hate crimes and ideologically motivated harassment can lead to a spiral of silence and under-representation in the political sphere and thus undermine ideological pluralism and fundamental rights; calls on the Commission to assess in future reports the situation of ideological and political pluralism in the Member States; regrets that political freedom and freedom of thought, which underpin ideological pluralism, are increasingly under siege from parliamentary bodies and even regional or national governments; condemns harassment and attacks against individuals or parties on political grounds; notes that such acts increase tension, polarisation and the normalisation of the curve of violence, accelerating the deterioration of the rule of law;
Amendment 190 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Suggests therefore that such a chapter should focus on 1) the legal environment for the exercise of civic freedoms; 2) the framework for civic organisations’ sustainability and financial viability, including the issue of government-organized non-governmental organizations (GONGOs); 3) participation in decision-making, including the right to access to information; 4) safe space, including verbal and physical attacks, smear campaigns as well as legal, administrative and fiscal harassment, the chilling effect they trigger and the long term consequences in terms of active citizenship in the country;
Amendment 193 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Regrets that freedom of association and the shrinking space for civil society are not part of the current report; reiterates that civil society is essential for democracies to flourish and that a shrinking space for civil society contributes to violations of democracy, the rule of law and fundamental rights; reiterates that the Union institutions should maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 199 #
2021/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the non-implementation, which in itself constitutes a serious violation of the rule of law, by a Member State subject to Article 7 of the TEUHungary of a CJEU ruling in relation to restrictions imposed on the financing of civil organisations by persons established outside that Member State; notes with concern that an increasing number of Member States are adopting legislation that severely impinges on the freedom of association and expression for civil society organisations;
Amendment 203 #
2021/2025(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that the 2020 report fails to encompass fully the Article 2 TEU values of democracy and fundamental rights, including the rights of persons belonging to minorities and non- discrimination, including gender equality, sexual and reproductive rights and LGBTIQ rights, which are immediately affected when countries start backsliding on the rule of law;
Amendment 219 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its insistence on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament in its resolution of 7 October 2020, to cover the full scope of Article 2 TEU values;
Amendment 221 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 229 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive monitoring mechanism and that its methodology, cycle and scope should therefore be aligned with the annual reports, as well as the Democracy Action Plan; believes that the presentation of these reports should be aligned and interlinked as part of a broader annual monitoring cycle on Article 2 TEU;
Amendment 230 #
2021/2025(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Proposes to expand the scope of the non-discrimination clause in the European Charter of Fundamental Rights, and to render it universal, to enable the enforcement of the rule of law in the Member States and the Union consistent with Article 14 of the European Convention on Human Rights; calls, in the meantime, on all EU institutions to give the non-discrimination clause the broadest possible legal interpretation;
Amendment 231 #
2021/2025(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Regrets that the Commission did not consult stakeholders, including Parliament, on the development of the report’s methodology and preparation process, and that it didn't seek to obtain feedback on their workability; points out that this has made it more difficult for stakeholders, especially for civil society organisations, to prepare and plan their contributions as well as for the domestic awareness-raising activities they intend to pursue for the launch of the report;
Amendment 243 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that civil society are key partners to identify rule of law violations and promote democracy and fundamental rights in countries where Union values have been eroded; considers that shadow reporting would bolster the efficiency and transparency of the process; urges therefore the Commission to build on the good practice of the UN’s Universal Periodic Review process, and adapt the preparation process by requiring Member State contributions to be public and setting a deadline for public consultation well after the publication of all Member State contributions so as to enable effective shadow reporting;
Amendment 247 #
2021/2025(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses that the consultation questionnaire should allow stakeholders to report elements beyond the scope followed by the Commission as these can help further assess the way power is exercised in a country and whether the constitutional setup provides efficient mechanisms to limits such exercise of power;
Amendment 252 #
2021/2025(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on the Commission to regularize the schedule pertaining to the annual report's production, including the deadline for stakeholders' submissions, to make the process predictable for all institutions and stakeholders; calls on the Commission to ensure sufficient time for the preparation of stakeholders' submissions;
Amendment 258 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls onRegrets that the Commission and the Council to respond positively tohave so far refused to engage with Parliament’'s call in its resolution of 7 October 2020 forto establish, through an interinstitutional agreement, an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 264 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Considers the existing institutional arrangement behind the annual report to fall short of the Parliament's expectations; expects the Commission to create a permanent interinstitutional Working Group as proposed by the Parliament in its resolution of 7 October 2020;
Amendment 266 #
2021/2025(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Invites the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex to Parliament's resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights to constitute an appropriate basis for such negotiations;
Amendment 274 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectivelyTEU is enabling continued divergence from the values provided for in Article 2 of the TEU; condemns the Council's reluctance to organize Article 7 TEU hearings under the pretext of the COVID-19 pandemic; calls for a reflection ats part of the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign thevoting majorityies requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for both proceduresd by Article 7 TEU in order to render its procedure more effective;
Amendment 280 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; stresses that the report should be in any case accompanied by actionable recommendations, including deadlines for implementation;
Amendment 290 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls for a strategic use of funding opportunities under the Regulation establishing the Rights and Values Programme in order to counteract threats to the rule of law identified in the annual report and more broadly support civil society organizations promoting the values listed in Article 2 TEU;
Amendment 301 #
2021/2025(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Stresses the importance of promoting the findings of the annual report at the national level; encourages the Commission to foster debate around the report in national parliaments and engage with civil society organizations in the follow-up to the report;
Amendment 14 #
2021/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that Erasmus+ should encourage stakeholders to share their expertise at an institutional level, learn from and connect with each other, build administrative capacity and foster inclusion and diversity; welcomes, in this sense, specific efforts to support cooperation between different stakeholders and to develop and implement inclusive policies that seek to integrate children and young people from migrant backgrounds and ethnic minorities into education; considers, however, that these efforts should especially be expanded in the field of higher education;
Amendment 26 #
2021/2009(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to look closely at the possibility of combining the Erasmus+ and Interrail programmes5 , and thus foster more equality and inclusionsupport European students, especially in higher education, in order to foster more equality and inclusion, taking into account the beneficiaries´ actual income; _________________ 5 As called for in Petition 0681/2021.
Amendment 32 #
2021/2009(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission and the Member States to increase their efforts to support through Erasmus+ the access of women to and their advancement in the academic areas of mathematics, informatics, natural sciences and technology;
Amendment 9 #
2021/0430(CNS)
Draft decision
Recital 10a (new)
Recital 10a (new)
Amendment 11 #
2021/0430(CNS)
Draft decision
Article 1 – paragraph 1 – point 1f (new)
Article 1 – paragraph 1 – point 1f (new)
Decision (EU, Euratom) 2020/2053
Article 2 – paragraph 3 - point a (new)
Article 2 – paragraph 3 - point a (new)
(1) Article 2 is amended as follows: (f) the following paragraph 3a is inserted: 3a. By way of derogation from paragraph 1, point (d), where other revenue constitutes a lump sum or penalty payment imposed on and paid by a Member State pursuant to Article 260 TFEU, the subsequent reduction of the amount to which the uniform call rate is applied shall not be granted to that Member State. The determination of the application of the uniform call rate shall in this case exclude the concerned Member State from the application for the amount of lump sum or penalty payment received, and thus only reduce the amounts for the other Member States applied to a uniform call rate without the concerned Member State included.
Amendment 103 #
2021/0428(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In recent years, the Schengen area has been subject to unprecedented challenges, which by their nature were not confined to the territory of any single Member State. Such challenges underscored the fact that the preservation of public order and security in the Schengen area is a shared responsibility requiring joined and coordinated action between Member States and at Union level. They also highlighted the need for meaningful reform in order to strengthen mutual trust and solidarity, gaps in the existing rules governing the functioning of the Schengen area both at external and internal borders, and the need to create a stronger and more robust framework allowing for a more effective response to challenges faced by the Schengen area.
Amendment 108 #
2021/0428(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border control at external borders is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control and the Union as a whole. Member States are required to ensure high standards in management of their external borders, including through enhanced cooperation between border guards, police, customs and other relevant authorities. The Union provides active support through the provision of financing support by the Agencies, the European Border and Coast Guard in particular and management of the Schengen Evaluation Mechanism. The rules applicable to external bin the Schengen Borders Code need to be reinforced in order to better respond to new challenges that have recently emerged at the exand modernised in order to assure a high level of security within the Schengen area, in the absence of internal border controls.
Amendment 113 #
2021/0428(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The COVID-19 pandemic has reinforced the need for the Union to be better prepared to respond to crisis situations at the external borders related to situations of diseases with an epidemic potential that are a threat to public health. The COVID-19 pandemic has shown that threats to public health can require uniform rules concerning travel restrictions for travel into the European Union by third country nationals. The adoption of inconsistent and divergent measures at the external borders to address such threats negatively affects the functioning of the entire Schengen area, reduces predictability for third-country travellers and people-to- people contacts with third countries. To prepare the Schengen area for future challenges of a comparable scale related to threats to public health, it is necessary to establish a new mechanism which should allow for a timely adoption and lifting of coordinated measures at Union level. The new procedure at the external border should be applied in a situation of an infectious disease with epidemic potential as identified by the European Centre for Disease Prevention and Control orand the CommissionHealth Emergency Preparedness and Response Authority (HERA). This mechanism should complement the procedures proposed to be established in the Proposal for a Regulation of the European Parliament and of the Council on serious cross-border threats to health43 , notably in case of the recognition of a public health emergency, and the revised mandate of the European Centre for Disease Control.44 _________________ 43 COM(2020)727. 44 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control, COM(2020)726.
Amendment 183 #
2021/0428(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Before resorting to the reintroduction of border control at internal borders, Member States should give precedence to alternative measures. In particular, the Member State concerned should consider using more effectively or intensifying police checks within its territory, including in border areas, while ensuring that those police checks do not have border control as an objective. Modern technologies are also instrumental in addressing threats to public policy or internal security. Member States should assess whether the situation could be adequately addressed by way of increased cross-border cooperation, both from an operational point of view and from that of information exchange between police services and other competent authorities of the Member State.
Amendment 187 #
2021/0428(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Measures need to be taken to address unauthorised movements of illegally staying third country nationals in an area without internal border controls. In order to strengthen the functioning of the Schengen area, and as an alternative to internal border controls, Member States should be able to take additional measures to counter irregular movements between Member States, and combat illegal stays. Where national law enforcement authorities of a Member State apprehend illegally staying third country nationals at the internal borders as part of cross-border police operational cooperation it should be possible for those authorities to refuse such persons the right to enter or remain in their territory and to transfer them to the Member State from which they entered. The Member State from where the person came directly should in turn be required to receive the apprehended third country nationals.
Amendment 189 #
2021/0428(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In the absence of internal border controls, targeted joint patrols and other joint operations in intra-EU border areas are a valuable tool to counter migrant smuggling and trafficking in human beings, to prevent and detect illegal staying and cross-border crime linked to irregular migration, and to facilitate the effective practical implementation of bilateral readmission agreements. Such checks may prove more effective than internal border controls, notably as they are more flexible and can be adapted more easily to evolving risks. When opting for cross-border police cooperation, it is important that they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders.
Amendment 196 #
2021/0428(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The transfer procedure provided for under this Regulation should not affect the existing possibility for Member States to return irregular third country nationals in accordance with bilateral agreements or arrangements referred to in Article 6(3) of Directive 2008/115/EC (the “Return Directive”), where such persons are detected outside of the vicinity of internal borders. At the same time, it is important that Union legislation provides a European framework for such cooperation. In order to facilitate the application of such agreements, and to complement the objective of protecting the area without internal borders, the Member States should be afforded the possibility to conclude new agreements or arrangements and update existing ones. The Commission should be notified of any such modifications or updates of new agreements or arrangements. Where a Member State has taken back a third country national under the procedure provided for in this Regulation or on the basis of a bilateral agreement or arrangement, the Member State concerned should be required to issue a return decision in accordance with the Return Directive. In order to ensure consistency between the new procedures provided for in this Regulation and existing rules on the return of third country nationals, a targeted modification of Article 6(3) of the Return Directive is therefore necessary.
Amendment 201 #
2021/0428(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In exceptional cases, addressing threats to the Schengen area may require the adoption, by the Member States,, as a measure of last resort, require the adoption of measures at the internal borders by the Member States. Member States remain competent to determine the need for the temporary reintroduction or prolongation of border controls. Under the existing rules, the reintroduction of controls at internal borders is provided for in circumstances where a serious threat to internal security or public policy manifests itself in a single Member State for a limited period of time. In particular, terrorism and organised crime, large scale public health emergencies or large scale or high profile international events such as sporting, trade or political events can amount to a serious threat to public policy or internal security.
Amendment 230 #
2021/0428(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The reintroduction of border controls at internal borders, whether on the basis of unilateral decisions of the Member States or at a Union level, has serious implications for the functioning of the Schengen area. In order to ensure that any decision to reintroduce border controls is only taken where necessary, as a measure of last resort, the decision on temporary reintroduction or prolongation of border controls should be based on common criteria, putting an emphasis on necessity and proportionality. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that are to be respected before an internal border control is considered and which increase over time.
Amendment 237 #
2021/0428(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In the first instance, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified. In this context, the Member States should pay particular attention to and assess the likely impact of internal border controls on the movement of persons within the area without internal border controls and the functioning of the cross-border regions. This assessment should be part of the notification that Member States are required to transmit to the Commission. In case of prolongation of internal border controls for foreseeable events beyond an initial period of six monthsIn addition, the Member State should also assess the appropriateness of alternative measures to pursue the same objectives as internal border controls, such as proportionate checks as carried out in the exercise of police or other public powers or through forms of police cooperation as provided for under Union law, and the possibility to use the transfer procedure. This assessment should be part of the notification that Member States are required to transmit to the Commission.
Amendment 247 #
2021/0428(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The notification to be provided by the Member States should be decisive when assessing compliance with the criteria and conditions for a temporary reintroduction of internal border controls. In order to ensure a comparable set of information and to improve the quality of the information it receives, the Commission should adopt a template for the notification of reintroduction of border controls at internal borders in an implementing act. Member States should be entitled to classify all or parts of the information provided in the notification, without prejudice to the functioning of appropriate and secure police cooperation channels.
Amendment 251 #
2021/0428(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensureThe Commission should be able to assess that internal border controls are an exceptional measure and truly a last resort measure applied only for as long as necessary and i. In order to allow for assessing the necessity and proportionality of internal border controls to address foreseeable threats, Member States should prepare a risk assessment to be submitted to the Commission when internal border controls are prolonged beyond an initial six months in response to foreseeable threatupon reintroduction of internal border controls. The Member States must in particular, explain, the scale and evolution of the identified serious threat, including how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as their coordination measures with the other Member States that are impacted or likely to be impacted by such measures.
Amendment 253 #
2021/0428(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) The risk assessment should demonstrate the efficiency and effectiveness of the reintroduced border control in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements. As many notifications provided by Member States lack sufficient detail to allow for a verification as to whether the principles of necessity and proportionality have been respected, the Commission may adopt guidelines as to which information should be provided.
Amendment 254 #
2021/0428(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) The quality of the risk assessment submitted by the Member State is important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency, Europol, the European Union Asylum Agency, the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice and the European Union Agency for Fundamental Rights could be consulted during that assessment.
Amendment 263 #
2021/0428(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The mechanism for the temporary reintroduction of border controls at internal borders in urgent situations or to address foreseeable threats should provide for a possibilityn obligation, for the Commission, to organise consultations between Member States, including at the request of any Member State. Relevant Union Agencies should be involved in this process in order to share their expertise, where appropriate. Such consultations should look into the modalities of carrying out internal border controls and their time-line, possible mitigating measures as well as the possibilities of applying alternative measures instead. WEspecially where the Commission or a Member State has issued an opinion expressing concerns regarding the reintroduction of border controls, such consultations should be mandatory. When internal border controls are in place in the Union, this should regularly be addressed in the Schengen Council.
Amendment 271 #
2021/0428(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The Commission and Member States should retain the possibility to express any concern as regards the necessity and proportionality of a decision of a Member State to reintroduce internal border controls for reason of urgency or to address a foreseeable threat. In case controls at internal borders are reintroduced and prolonged for foreseeable threats for combined periods exceeding eighteen months, it should be a requirement for the Commission to issue an opinion assessing the necessity and proportionality of such internal border controls. Where a Member State considers that there are exceptional situations justifying the continued need for internal border controls for a period exceeding two years, the Commission should issue a follow-up opinion. Such an opinion is without prejudice to the enforcement measures, including infringement actions, which the Commission, in its role as guardian of the Treaties, may take at any time against any Member State for failure to comply with its obligations under Union law. Where an opinion is issued, the Commission should launch consultations with the Member States concerned.
Amendment 275 #
2021/0428(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to enable the post factum analysis of the decision on the temporary reintroduction of border controls at the internal borders, Member States should remain obliged to submit a report on the reintroduction of border control at internal borders to the European Parliament, the Council and the Commission once they lift the controls. Where the controls are kept in place for prolonged periods of time, such a report should also be submitted after twelvesix months, and every yearsix months thereafter if exceptionally controls are maintained and for as long as the controls are maintained. The report should outline, in particular, the initial and follow-up assessment of the necessity of internal border controls and the respect of the criteria for reintroduction of border controls at internal borders. The Commission should adopt in an implementing act a template and make it available online.
Amendment 277 #
2021/0428(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly. The concept of a threat to public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 278 #
2021/0428(COD)
Proposal for a regulation
Recital 45 b (new)
Recital 45 b (new)
(45 b) The Commission has a duty to ensure that Member States fulfil their obligations under this Regulation through the enforcement measures in its position, including those in accordance with Article 258 of the Treaty of the Functioning of the European Union.
Amendment 337 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – paragraph 1
Article 1 – paragraph 1 – point 4 – paragraph 1
Regulation (EU) 2016/399
Article 21a – paragraph 1
Article 21a – paragraph 1
1. This Article shall apply to situations where the European Centre for Disease Prevention and Control or the CommissionHealth Emergency Preparedness and Response Authority identify the existence in one or more third countries of an infectious disease with epidemic potential as defined by the relevant instruments of the World Health Organization.
Amendment 358 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point a – point iv
Article 23 – point a – point iv
iv) are carried out, where appropriate, on the basis of monitoring and surveillance technologies generally used in the territory, in line with national legislation, for the purposes of addressing threats to public security or public policy as set out under ii);
Amendment 363 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point e
Article 23 – point e
e) checks for security purposes of passenger data against relevant databases established under Union law on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.
Amendment 369 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/399
Article 23a – paragraph 2
Article 23a – paragraph 2
2. The competent authorities of the Member State may, based on a finding that the third country national concerned has no right to stay on its territory, decide to immediately transfer the person to the Member State from which the person entered or sought to enter, in accordance with the procedure set out in Annex XII. This transfer is without prejudice to Article 6(3) of Directive 2008/115/EC.
Amendment 377 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) activitieidentified threats relating to terrorism or organised crime;
Amendment 380 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 23a – paragraph 1 – point c
Article 23a – paragraph 1 – point c
(c) an exceptional situation characterised by large scale unauthorised movements of third- country nationals between the Member States, putting at risk the overall functioning of the area without internal border control;
Amendment 391 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament, and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 407 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 5
Article 25a – paragraph 5
5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to six months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to six months. Any prolongation shall be notified to the Commission, Parliament, and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed two years.
Amendment 414 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1
Article 26 – paragraph 1
1. To establish whether the reintroduction or prolongation of border controls at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall in particular consider:
Amendment 425 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(b a) the use of alternative measures such as proportionate checks carried out in the context of the lawful exercise of powers as referred to in Article 23 point (a);
Amendment 427 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b b
Article 26 – paragraph 1 – point b b
(b b) the use of the procedure as referred to in Article 23a;
Amendment 428 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 1 – point b c
Article 26 – paragraph 1 – point b c
(b c) forms of police cooperation as provided for under Union law, including on matters such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillance
Amendment 429 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 432 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 436 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 437 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 441 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2016/399
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3 a. Where border controls at internal borders have been reintroduced or prolonged, the necessity and duration shall be regularly discussed in the Schengen Council.
Amendment 444 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399
Article 1 – paragraph 1 – point 11 Regulation (EU) 2016/399
(b) the scope and duration of the proposed reintroduction or prolongation, specifying at which part or parts of the internal borders border control is to be reintroduced, or prolonged;
Amendment 446 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) the considerations as toa comprehensive assessment of the necessity and proportionality referred to in Article 26(1) and, in the case of a prolongation, in Article 26(2);
Amendment 449 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where border controls have been in place for six monthsare reintroduced or prolonged in accordance with Article 25a(4), any subsequent notification for the prolong or Article 25(a)(5), the notification of such controls shall include a risk assessment. The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
Amendment 454 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2a
Article 27 – paragraph 2a
2 a. The risk assessment shall present the following elements: (a) the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as; (b) information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures; (c) the measures it intends to adopt to alleviate the threat identified; (d) the means, actions, conditions and timeline considered with a view to lifting the internal border controls in order for the principle of free movement to be maintained after the final period of prolongation.
Amendment 464 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 1
Article 27a – paragraph 1
1. Following receipt of notifications, submitted under Article 27(1), the Commission mayshall establish a consultation process, where appropriate, including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other Member States, especially those directly affected by such measures and the relevant Union agencies.
Amendment 472 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteensix months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls. The opinion of the Commission shall contain: (a) recommendations on the improvement of the cooperation between Member States in order to limit the impact of the internal border controls; (b) recommendations regarding the means, actions, conditions and timeline with a view to lifting internal border controls; (c) recommended mitigating measures to be taken by the Member State concerned; (d) an assessment on whether alternative measures to remedy the threat identified were sufficiently explored.
Amendment 475 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 4
Article 27a – paragraph 4
4. Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission mayshall establish a consultation process in order to discuss the opinion with the Member States. Where the Commission or a Member State issues an opinion expressing concerns on the necessity or proportionality of reintroduced internal border controls the Commission shall launch such a process.
Amendment 525 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelvesix months and every twelvesix months thereafter if border control is exceptionally maintained.
Amendment 119 #
2021/0411(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Transnational threats involving criminal activities pose a significant threat to the internal security of the Union and call for a coordinated, targeted and adapted response. While national authorities operating on the ground are on the frontline in the fight against serious and organised crime and terrorism, action at Union level is paramount to ensure efficient and effective cooperation, including as regards the exchange of information. Furthermore, serious and organised crime and terrorism, in particular, are emblematic of the link between internal and external security. Those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activitieincreasingly dynamic and complex criminal activities calling for an adaptation of our police and law enforcement authorities towards more efficient detection, prevention and investigation systems.
Amendment 120 #
2021/0411(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
Amendment 122 #
2021/0411(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In an area without internal border controls, policeFor the development of the European area of freedom, security and justice, characterised by the absence of internal border controls, it is essential that police and law enforcement officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. Exchange of information on crime and criminal activities, including terrorism, serves the overall objective of protecting the internal security of natural personsand legal persons in the Union.
Amendment 125 #
2021/0411(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the existing legal framework consisting of the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be updated and replaced, so as to facilitate and ensure, through the establishment of clear and harmonised rules, the adequate and rapid exchange of information between the competent law enforcement authorities of different Member States to adapt to a rapidly changing and expanding organised crime landscape, in the context of the globalisation and the digitalisation of the society.
Amendment 129 #
2021/0411(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is necessary to lay down rules governing the cross-cutting aspects of such information exchange between Member States. The rules of this Directive should not affect the application of rules of Union law on specific systems or frameworks for such exchanges, such as under Regulations (EU) 2018/186050 , (EU) 2018/186151 , (EU) 2018/186222/...52 , and (EU) 2016/79453 of the European Parliament and of the Council, Directives (EU) 2016/68154 and 2019/115355 of the European Parliament and of the Council, and Council Decisions 2008/615/JHA56 and 2008/616/JHA57 . _________________ 50 Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1). 51 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation No 1987/2006 (OJ L 312, 7.12.2018, p. 14). 52 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 201822/... amending Regulation (EU) 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, as regards the entry of alerts by Europol amending and repealing Council Decision 2007/533/JHA, and repealing Regulation No 1986/2006 and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56). 53 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) 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, 24.5.2016, p. 53). 54 Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132). 55 Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA (OJ L 186, 11.7.2019, p. 122). 56 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). 57 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). A proposal for a Regulation on automated data exchange for police cooperation ("Prüm II"), intends to repeal parts of those Council Decisions.
Amendment 130 #
2021/0411(COD)
Proposal for a directive
Recital 9
Recital 9
(9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access and, confidentiality and data minimisation. While those principles are without prejudice to the more specific provisions of this Directive, they should guide its interpretation and application where relevant. For example, tThe principle of availability should be understood as indicating that relevant information available to the Single Point of Contact or the law enforcement authorities of one Member State should also be available, to the largest extent possible, to those of other Member States. However, the principle should not affect the application, where justified, of specific provisions of this Directive restricting the availability of information, such as those on the grounds for refusal of requests for information and judicial authorisation. In addition, pPursuant to the principle of equivalent access, the access of the Single Point of Contact and the law enforcement authorities of other Member States to relevant information should be substantially the same as, and thus be neither stricter nor less strict than, the access of those of one and the same Member State, subject to the Directive’s more specific provisions. The principle of confidentiality requires that Member States respect each other’s confidentiality requirements when treating such information by ensuring a similar level of protection. The principle of data minimisation requires to defining exhaustively the categories of personal data that may be exchanged between law enforcement authorities.
Amendment 133 #
2021/0411(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between Member States, provision should be made for obtaining such information by addressing a request for information to the Single Point of Contact of the other Member State concerned, in accordance with certain clear, simplified and harmonised requirements. Concerning the content of such requests for information, it should in particular be specified, in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by- case assessment, when they are to be considered as urgent and, which explanations they are to contain as minimum and the language to be used.
Amendment 138 #
2021/0411(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Time limits are necessary to ensure rapid processing of requests for information submitted to a Single Point of Contact or a Member State law enforcement authority. Such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. In order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified, it is necessary to allow, on an exceptional basis, for deviations only where, and in as far as, the competent judicial authority of the requested Member State needs additional time to decide on granting the necessary judicial authorisation. Such a need could arise, for example, because of the broad scope or the complexity of the matters raised by the request for information.
Amendment 139 #
2021/0411(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In exceptional cases, it may be objectively justified for a Member State to refuse a request for information submitted to a Single Point of Contact. In order to ensure the effective functioning of the system created by this Directive, those cases should be exhaustively specified and interpreted restrictively. In particular, necessary safeguards should be established to prevent any misuse of the mechanism for exchanging information for any purpose that falls outside the scope and objectives of this Directive, for example in the case of politically- motivated objectives or manifest breaches of fundamental rights. Specific attention should be kept on requests formulated by a Single Point of Contact or a law enforcement authority from a Member State subject to a procedure under Article 7 of the Treaty on the European Union. When only parts of the information concerned by such a request for information relate to the reasons for refusing the request, the remaining information is to be provided within the time limits set by this Directive. Provision should be made for the possibility to ask for clarifications, which should suspend the applicable time limits. However, such possibility should only exist where the clarifications are objectively necessary and proportionate, in that to evaluate the request of information or in case the request for information would otherwise have to be refused for one of the reasons listed in this Directive. In the interest of effective cooperation, it should remain possible to request necessary clarifications also in other situations, without this however leading to suspension of the time limits.
Amendment 140 #
2021/0411(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to allow for the necessary flexibility in view of operational needs that may vary in practice, provision should be made for two other means of exchanging information, in addition to requests for information submitted to the Single Points of Contact. The first one is the spontaneous provision of information, that is, on the own initiative of either the Single Point of Contact or the law enforcement authorities without a prior request. The second one is the provision of information upon requests for information submitted either by Single Points of Contact or by law enforcement authorities not to the Single Point of Contact, but rather directly to the law enforcement authorities of another Member State. In respect of both means, only a limited number of minimum requirements should be set, in particular on keeping the relevant Single Points of Contact informed and, as regards own-initiative provision of information, the situations in which information is to be provided and the language to be used.
Amendment 141 #
2021/0411(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The requirement of a prior judicial authorisation for the provision of information can be an important safeguard and should be respected when provided in national law. The Member States' legal systems are different in this respect and this Directive should not be understood as affecting such requirements established under national law, other than subjecting them to the condition that domestic exchanges and exchanges between Member States are treated in an equivalent manner, both on the substance and procedurally. Furthermore, in order to keep any delays and complications relating to the application of such a requirement to a minimum, the Single Point of Contact or the law enforcement authorities, as applicable, of the Member State of the competent judicial authority should take all practical and legal steps, where relevant in cooperation with the Single Point of Contact or the law enforcement authority of another Member State that requested the information, to obtain the judicial authorisation as soon as possible.
Amendment 143 #
2021/0411(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. The processing and storage of personal data by Single Points of Contact or law enforcement authorities following a request of information pursuant to this Directive should be as quick as possible to ensure the accuracy and reliability of the personal data, to avoid unnecessary duplication of data and to reduce the risk that such data is outdated or not available to the initial competent authority anymore. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected. _________________ 60 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, p. 89). 61 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) 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, 24.5.2016, p. 53). 62 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).
Amendment 149 #
2021/0411(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) For the purpose of this Directive, Member States should make sure that their Single Point of Contact and competent law enforcement authorities respect a clear distinction between personal data of different categories pursuant to Article 6 of Regulation (EU) 2016/680 and Annex II of Regulation (EU) 2022/794.
Amendment 150 #
2021/0411(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to allow for adequate and rapid provision of information by Single Points of Contact, either upon request or on their own initiative, it is important that the relevant officials of the Member States concerned understand each other. Language barriers often hamper the cross- border exchange of information. For this reason, rules should be established on the use of languages in which requests for information submitted to the Single Points of Contact, the information to be provided by Single Points of Contact as well as any other communications relating thereto, such as on refusals and clarifications, are to be provided. Those rules should strike a balance between, on the one hand, respecting the linguistic diversity within the Union and keeping costs of translation as limited as possible and, on the other hand, operational needs associated with adequate and rapid exchanges of information across borders. Therefore, Member States should establish a list containing one or more official languages of the Union of their choice, but containing also one language that is broadly understood and used in practice, namely, English. Besides, Member States should also engage in the overall improvement of their staff’s foreign language skills, such as by delivering specific trainings.
Amendment 153 #
2021/0411(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority for supporting the Member States’ law enforcement authorities. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this can be done through the ticking by default of the corresponding SIENA boxMember States should ensure adequate support and training of their staff to quickly and accurately identify which information exchanged in the context of this Directive falls within the mandate of Europol and is necessary for the Agency to fulfil its objectives.
Amendment 158 #
2021/0411(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information and increase the risk towards the security of personal data. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact and Europol. To that aim, all Single Points of Contact, as well as all law enforcement authorities that may be involved in such exchanges, should be directly connected to SIENA. In this regard, a transition period should be provided for, however, in order to allow for the full roll-out of SIENA.
Amendment 161 #
2021/0411(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the obstacles resulting from the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross- border crime, such as drug trafficking, cybercrime, trafficking of human beings and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive, they should be assigned a number of specific, minimum tasks and also have certain minimum capabilities.
Amendment 163 #
2021/0411(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Those capabilities of the Single Points of Contact should include having access to all information available within its own Member State, including by having user-friendly access to all relevant Union and international databases and platforms, in accordance with the modalities specified in the applicable Union and national law. In order to be able to meet the requirements of this Directive, especially those on the time limits, the Single Points of Contact should be provided with adequate resources in terms of budget and staff, including adequate translation capabilities, and function around the clock. In that regard, having a front desk that is able to screen, process and channel incoming requests for information may increase their efficiency and effectiveness. Those capabilities should also include having at their disposition, at all times, judicial authorities competent to grant necessary judicial authorisations. In practice, this can be done, for example, by ensuring the physical presence or the functional availability of such judicial authorities, either within the premises of the Single Point of Contact or directly available on call.
Amendment 165 #
2021/0411(COD)
(22 a) The emergence of a European common police culture between Member States law enforcement forces is a key objective for the purpose of exchange of information in criminal matters. To this end, adequate training, including in Union law for data protection and foreign languages, and cooperation exercises at regular intervals should be strengthened at the EU level, with the support of the European Union Agency for Law Enforcement Training (CEPOL) as well as programmes and projects funded under the Union budget.
Amendment 166 #
2021/0411(COD)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22 b) Regular meetings between Single Points of Contact, and at least once a year with all of them, should also be established to foster a European common police culture between Member States and share good practices in the field of exchange of information for the purpose of this Directive.
Amendment 169 #
2021/0411(COD)
Proposal for a directive
Recital 24
Recital 24
(24) To enable the necessary monitoring and evaluation of the application of this Directive, Member States should be required to collect and annually provide to the Commission certain data. This requirement is necessary, in particular, to remedy the lack of comparable data quantifying relevant information exchanges and also facilitates the reporting obligation of the Commission regarding the implementation and application of this Directive.
Amendment 171 #
2021/0411(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The cross-border nature of crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of a common culture and rules on the exchange of information. Thus, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 175 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary and proportionate for the purpose of preventing, detecting or investigating criminal offences.
Amendment 180 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the requested information, reasons for refusals of such requests and the single channel of communication to be used in connection to such requests;
Amendment 183 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point c
Article 1 – paragraph 1 – subparagraph 1 – point c
(c) the single channel of communication to be used for all exchanges of information pursuant to this directive and the information to be provided to the Single Points of Contact in relation to exchanges of information directly between the law enforcement authorities of the Member States;
Amendment 185 #
2021/0411(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point d
Article 1 – paragraph 1 – subparagraph 1 – point d
(d) the establishment or designation, organisation, tasks, composition and capabilities of theMember States’ Single Point of Contact, including on the deployment of a single electronic Case Management System for the fulfilment of its tasks.
Amendment 208 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that Member State without coercive measures, in compliance with Regulation (EU) 2016/794;
Amendment 213 #
2021/0411(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘personal data’ means personal data as defined in Article 43, point (12) of Regulation (EU) 2016/6794.
Amendment 220 #
2021/0411(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) information provided to the Single Point of Contact or the law enforcement authorities of another Member State that is marked as confidential is protected by those law enforcement authorities in accordance with the requirements set out in the national law of that Member State offering a similar level of confidentiality (‘principle of confidentiality’).;
Amendment 227 #
2021/0411(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point b
Article 4 – paragraph 3 – subparagraph 1 – point b
(b) necessary in order to protect a person’s vital interests which are at imminent risk or prevent an imminent threat to life or physical integrity;
Amendment 229 #
2021/0411(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 – point c
Article 4 – paragraph 3 – subparagraph 1 – point c
(c) necessary to adopt a decision that may involve the maintenance of restrictive measures amounting to a restriction or deprivation of liberty;
Amendment 232 #
2021/0411(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Requests for information to the Single Point of Contact of another Member State shall contain all necessary details and explanations to allow for their adequate and rapid processing in accordance with this Directive, including at least the following:
Amendment 233 #
2021/0411(COD)
Proposal for a directive
Article 4 – paragraph 4 – point e
Article 4 – paragraph 4 – point e
(e) the reasons for which the request is considered urgent, where applicable, in accordance to paragraph 3.
Amendment 236 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) seven calendar days, for all requests that are not urgent., and do not require a judicial authorisation;
Amendment 238 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) nine calendar days, for all requests that are not urgent, and require a judicial authorisation.
Amendment 239 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
The time periodlimits laid down in the first subparagraph shall commence at the moment of the reception of the request for information.
Amendment 240 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Where under its national law in accordance with Article 9 the requested information is available only after having obtained a judicial authorisation, the requested Member State may deviate from the time limits referred to paragraph 1 insofar as necessary for obtaining suchMember States shall ensure that their Single Point of Contact keep the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State updated and provide the requested information as soon as possible after obtaining the judicial authorisation.
Amendment 241 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 242 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point i
Article 5 – paragraph 2 – subparagraph 1 – point i
Amendment 243 #
2021/0411(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point ii
Article 5 – paragraph 2 – subparagraph 1 – point ii
Amendment 247 #
2021/0411(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e – point i
Article 6 – paragraph 1 – point e – point i
(i) be contrary to the essential interests of the internal security of the requested Member State;
Amendment 249 #
2021/0411(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e – point iii
Article 6 – paragraph 1 – point e – point iii
(iii) unduly harm the vital interests of a natural or legal person. or pose an imminent threat to life or the physical integrity of a natural person;
Amendment 253 #
2021/0411(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e – point iii a (new)
Article 6 – paragraph 1 – point e – point iii a (new)
(iii a) depart from the scope and objectives of this Directive, including the fight against serious and organised crimes and terrorism, such as in the case of politically-motivated purposes or manifest breach of fundamental rights
Amendment 254 #
2021/0411(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that their Single Point of Contact informs the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State of the refusal, specifying the reasons for the refusal, within the time limits provided for in Article 5(1). The Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State subject to a refusal shall have the possibility to provide clarifications or request a reassessment of such a decision.
Amendment 260 #
2021/0411(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that, where Single Points of Contact or law enforcement authorities submit requests for information directly to the law enforcement authorities of another Member State, their Single Points of Contact or their law enforcement authorities send, at the same time as they send such requests, provide information pursuant to such requests or send any other communications relating thereto, a copy thereof to the Single Point of Contact of that other Member State and, where the sender is a law enforcement authority, also to the Single Point of Contact of its own Member State.
Amendment 261 #
2021/0411(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
2. Member States shall ensure that their Single Point of Contact or, where relevant, their law enforcement authority, reply to requests for information pursuant to this Directive within the time limits referred to Article 5, except where Article 6(1) applies.
Amendment 263 #
2021/0411(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that, where their national law requires a judicial authorisation for the provision of information to the Single Points of Contact or the law enforcement authority of another Member State in accordance with paragraph 1, their Single Points of Contact or their law enforcement authorities immediately take all necessary steps, in accordance with their national law, to obtain such judicial authorisation as soon as possible and within the time limits foreseen in Article 5(1).
Amendment 264 #
2021/0411(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The requests for judicial authorisation referred to in paragraph 12 shall be assessed and decided upon in accordance with the national law of the Member State of the competent judicial authority.
Amendment 274 #
2021/0411(COD)
Proposal for a directive
Article 10 – paragraph 1 – point ii
Article 10 – paragraph 1 – point ii
(ii) their Single Point of Contact or their law enforcement authorities also provide, at the same time and insofar as possible, the necessary elements enabling the Single Point of Contact or the law enforcement authority of the other Member State to assess the degree of accuracy, completeness and reliability of the personal data, as well as the extent to which the personal data are up to date and their period of validity where relevant.
Amendment 275 #
2021/0411(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall establish and keep up to date a list with one or more of the official languages of the Union in which their Single Point of Contact is able to receive and provide information upon a request for information or on its own initiative. That list shall include English.
Amendment 279 #
2021/0411(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794 following a thorough assessment made by qualified staff.
Amendment 281 #
2021/0411(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
2. In application to the first paragraph and pursuant to Article 7(6)(a) and Article 19 of Regulation (EU) 2022/791 [Europol Regulation], when supplying information to Europol, Member States shall determine the purpose of, and the restriction on, the processing of such information.
Amendment 284 #
2021/0411(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall establish or designate ona single national Single Point of Contact, which shall be the central entity responsible for coordinating exchanges of information under this Directive.
Amendment 286 #
2021/0411(COD)
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) receive and evaluate requests for information in the language used;
Amendment 287 #
2021/0411(COD)
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) their Single Point of Contact has access to all information available to their law enforcement authorities, insofar as necessary to carry out its tasks under this Directive and in compliance with the protection of personal data related to Regulation (EU) 2016/680;
Amendment 290 #
2021/0411(COD)
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) their Single Point of Contact is provided with the qualified staff, resources and capabilities, including for translation, necessary to carry out its tasks in an adequate and rapid manner in accordance with this Directive and in particular the time limits set out in Article 5(1);
Amendment 292 #
2021/0411(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 294 #
2021/0411(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 296 #
2021/0411(COD)
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
Amendment 297 #
2021/0411(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) recording incoming and outgoing requests for information referred to in Articles 5 and 8, as well as any other communications with Single Points of Contact and, where applicable, law enforcement authorities of other Member States relating to such requests, including the information about refusals and the requests for and provision of clarifications referred to in Article 6(2) and (3) respectively, as well as the request for reassessment of a refusal, pursuant to Article 6(2);
Amendment 304 #
2021/0411(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Cooperation between national Single Point of Contact 1. Member States shall encourage practical cooperation between their Single Point of Contact and competent law enforcement authorities for the purpose of the present Directive. 2. The Commission shall organise regular meetings between Single Points of Contact, and at least once a year with all of them, to support the sharing of best practices related to the exchange of information between law enforcement authorities.
Amendment 307 #
2021/0411(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall, by [date of entry into force + 32 years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. In this context, the Commission shall pay particular attention to the efficiency of exchange of information between competent authorities, the grounds for refusal of requests, in particular where the request falls outside the scope of the objectives of this Directive, as well as the compliance with provisions on data protection and the transferring of information to Europol.
Amendment 310 #
2021/0411(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall, by [date of entry into force + 54 years], submit a report to the European Parliament and to the Council assessing the effectivity and effectiveness of this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of this Directive. On the basis of this evaluation, the Commission shall decide on appropriate follow-up actions, including, if necessary, a legislative proposal.
Amendment 311 #
2021/0411(COD)
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date of entry into force + 12 yearmonths]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 314 #
2021/0411(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
They shall apply those provisions from that date. However, they shall apply Article 13 from [date of entry into force + 42 years].
Amendment 25 #
2021/0375(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) To guarantee an efficient use of funds, a European political party should be allowed during the European Parliament election campaign to use its logo and name simultaneously to the logo and name of the corresponding group in the European Parliament according to what the European political party decides. The costs that arise should be possible to be financed by the European political party during the European Parliament election campaign.
Amendment 27 #
2021/0375(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national politicand foundations should not use the funding received from the general budget of the Union for the sole benefit , directly or indirectly, of other political parties and, in particular, national, parties or candidates. The prohibition of indirect funding should however not prevent European political parties or political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, or tofrom supporting political activities in the common interest, or from engaging in educational activities, in order to be able to fulfil their mission under Article 10(4) TEU and act to reinforce the existence of the European demos. The prohibition of indirect funding should not prevent the participation of either representatives and staffers of political parties, nor of potentially politically active persons in events of European political foundations. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU issues directly related to the Union. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
Amendment 31 #
2021/0375(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context and objectives of the political advertisement and its aims to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on an estimated allocation of funding. The amounts to be mentioned in the repository realistic estimation of funding and the actual amounts, once known. The amounts to be mentioned in the repository regarding information on political advertising, include donations for specific purposes or, benefits in kind, contributions and their own resources.
Amendment 67 #
2021/0375(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations, other than political activities in the common interest of European and national parties and capacity building to support the formation of future political leadership in the Union.
Amendment 32 #
2021/0240(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The fulfilment of the Authority's objectives depends on an adequate budget and staffing at Union level, while insufficient funds for personnel and equipment of FIUs risk to highjack the entire rationale of the Authority, therefore the good cooperation of the Member States is an essential condition to achieve the best results;
Amendment 33 #
2021/0240(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Combining both direct and indirect supervisory competences over obliged entities, and also functioning as a support and cooperation mechanism for FIUs, is the most appropriate means of bringing about supervision and cooperation between FIUs at Union level. However, achieving the objectives of the mandate given to the Authority depends on the cooperation and the adequate funding and equipment of the FIUs in the Member States. This should be achieved by creating an Authority which should combine independence and a high level of technical expertise and which should be established in line with the Joint Statement and Common Approach of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies32 . _________________ 32 https://europa.eu/european- union/sites/default/files/docs/body/joint_st atement_and_common_approach_2012_en. pdf.
Amendment 34 #
2021/0240(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A seat agreement should be established between the Authority and the host Member State, stipulating the conditions of establishment of the seat and advantages conferred by the Member State on the Authority and its staff. The location of the newly created Authority should take into account the equal geographic coverage of existing decentralised agencies in the Union.
Amendment 44 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period for the five Members of the Executive Board, including the Chair of the Authority, should be introduced. Further internal mechanisms should be proposed to ensure that all the senior staff would not be able to undermine the integrity of the Authority after their term in charge. AMLA should take into consideration the recommendations of the Ombudsman in this matter.
Amendment 51 #
2021/0240(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To guarantee the achievement of the objectives and the proper functioning of the Authority, funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions, with a transparent methodology for the levies in order to ensure a predictable budget for the Authority. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial regulation for approval.
Amendment 63 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Organise visits at source in the FIUs, on a case-by-case basis and in close collaboration with the Member States, to monitor the capacity and compliance with AML/CFT regulation and assess the different needs to be recommended for the Member States to address in order to improve the fight against anti-money laundering and financing of terrorism.
Amendment 77 #
2021/0240(COD)
Proposal for a regulation
Article 87 a (new)
Article 87 a (new)
Article 87a The decision of the location regarding the headquarters of the Authority shall take into consideration the equal geographic coverage of the decentralised agencies in the Union.
Amendment 11 #
2021/0227(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the Union budget must be equipped with the tools to enable it to respond to multiple crises simultaneously; reiterates Parliament’s view that the 2022 budget should play a pivotal role in ensuring a positive and tangible impact on citizens’ lives; against this background, supports increases to boost investment with a particular focus on SMEs, strengthen efforts towards the green and digital transitions, give fresh opportunities to young people in particular, build a strong European Health Union; reinforces, further, priorities in the fields of security, migration, fundamental rights, while acknowledging the recent deteriorating situation in external policy and humanitarian aid and the need to be able to react swiftly to the upcoming challenges; emphasises the leading role that the European Union must play in ending the pandemic by financing vaccination through COVAX in the low income countries;
Amendment 77 #
2021/0227(BUD)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that youth remains an overarching priority for the Union budget; reinforces therefore funding to meet increasing demand for the Erasmus+ programme by a total amount of just over EUR 137 million, as a 5% increase represents an additional 40,000 mobility exchanges; calls the Commission to present a draft amending budget so that the unspent funds from the 2021 budget should be carried over into the 2022 budget in order to help students regaining the missed opportunities due to the pandemic, so that we do not have a lost generation for Erasmus; furthermore increases the European Solidarity Corps by EUR 5 million as the economic crisis triggered by the COVID-19 pandemic should not adversely affect support for the youth;
Amendment 91 #
2021/0227(BUD)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Regrets that the increase for EPPO budget in 2021 voted by both arms of budgetary authority is not respected the Commission; reiterates the fundamental role that EPPO plays in protecting the financial interests of the Union, including the use of funds from Next Generation EU, as well as ensuring the respect of the rule of law; invites the Commission to clarify the blockade of the 7.3 million euro and to ensure that the budget for 2021 and 2022 of EPPO will be fully respected and implemented;
Amendment 112 #
2021/0227(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Strongly objects to Council’s cuts to the European Border and Coast Guard Agency (Frontex) as the agency must be adequately equipped and its staff upgraded to enable it to deliver in all areas of responsibility falling under its new mandate; decides, however, to place EUR 90 000 000 into the reserve subject to the recruitment of the remaining 20 fundamental rights monitors at AD grade, the recruitment of the three deputy executive directors and the adoption of a procedure for the implementation of Article 46 of Regulation 2019/18969 ; _________________ 9Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 135 #
2021/0227(BUD)
Motion for a resolution
Paragraph 44
Paragraph 44
44. StressDeplores the ineed to support developing countries in improvquality of vaccination coverage ing their health systems and world; therefore stresses the need to enable accessing to COVID-19 vaccines in developing countries, particularly through the COVAX initiative, as well as supporting the improvement of their health systems; decides, therefore, to earmark the amount of EUR 1 billion under the emerging challenges and priorities cushion of NDICI-Global Europe in 2022 to this effect, including the NDICI carry- over funds from year 2021, as well as a further EUR 100 million under the line “People - Global Challenges” in addition to the pledges already made by the Commission in 2021, including the extra 200 million doses announced at the State of the Union; requests that Member States fulfil with urgency the COVAX pledges already made and invites them to commit additional EUR 2 billion, either to COVAX or in vaccine doses, in the first semester of 2022;
Amendment 32 #
2021/0214(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation. In so far as applicable and eligible, such assistance and support should be financed under the relevant expenditure programmes in the Union budget, in particular the Neighbourhood, Development and International Cooperation Instrument - Global Europe (NDICI) or the Instrument for Pre- Accession Assistance (IPA III).
Amendment 37 #
2021/0206(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Mobility poverty has no clear Union-level or national definitions available. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, outermost regions, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 45 #
2021/0206(COD)
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users temporary direct income support and the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
Amendment 81 #
2021/0206(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the preparation of the Social Climate Plan and ensure transparent rules for monitoring and evaluation, 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 setting out the template based on which Member States shall prepare their Social Climate Plans and the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. 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.
Amendment 82 #
2021/0206(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
Amendment 103 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 109 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures, including temporary direct income support, and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 113 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shallmay include national projects to:
Amendment 122 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the Plan provides for in Article 3(3), concrete measures and investments in accordance with Article 3 to reduce the effects referred to in point (c) of this paragraph together with an explanation of how they would contribute effectively to the achievement of the objectives set out in Article 1 within the overall setting of a Member State’s relevant policies;
Amendment 124 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the Plan provides for in Article 3(3), concrete accompanying measures needed to accomplish the measures and investments of the Plan and reduce the effects referred to in point (c) as well as information on existing or planned financing of measures and investments from other Union, international, public or private sources;
Amendment 131 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) envisaged milestones, targets and an indicative timetable for the implementation of the measures, including temporary direct income support, and investments to be completed by 31 July 2032;
Amendment 135 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned, in particular of the proposed milestones and targets, including indicators for the implementation of measures, including temporary direct income support, and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
Amendment 172 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures, including temporary direct income support, and investments that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 175 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii
Article 15 – paragraph 2 – point b – point iii
(iii) whether the measures, including temporary direct income support, and investments proposed by the Member State concerned are consistent and complying with the requirements under Directive [yyyy/nnn] [Proposal for recast of Directive 2012/27/EU], Directive (EU) 2018/2001, Directive 2014/94/EU of the European Parliament and of the Council60 , Directive (EU) 2019/1161 of the European Parliament and of the Council and Directive 2010/31/EU; _________________ 60 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
Amendment 178 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) For the purpose of assessing coherence, the Commission shall take into account whether the Plan contains measures, including temporary direct income support, and investments that represent coherent actions.
Amendment 179 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) the measures, including temporary direct income support, and investments to be implemented by the Member State, the amount of the estimated total costs of the Plan and the milestones and targets;
Amendment 190 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
Amendment 191 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
Amendment 61 #
2021/0140(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Unannounced visits, being one of the most effective tools to verify Member States practices should, depending on their purpose, take place without prior notification to the Member State concerned or with only short prior notification. Unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the Schengen acquis, including, in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the Schengen area or to fundamental rights violations, in particular allegations of serious violations of fundamental rights at the external borders. In such cases, the provision of advance notice would defeat the objective of the visit. Unannounced visits with a 24-hour advance notice should take place if the main purpose of the visit is to carry out a random check of the Member State’s implementation of the Schengen acquis.
Amendment 66 #
2021/0140(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) Evaluation and monitoring activities should be carried out by teams consisting of Commission representatives and, Parliament representatives, experts designated by Member States and Union observers. These representatives and experts should have appropriate qualifications, including a solid theoretical knowledge and practical experience. In order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way, a pool of experts should be established and maintained by the Commission in close cooperation with the Member States. The pool should be the primary source of experts for evaluation and monitoring activities.
Amendment 72 #
2021/0140(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) Evaluation reports should be concise and succinct. They should focus on deficiencies with significant impact and highlight areas where important improvements cshould be made. Minor findings should not form part of the reports. The team should nevertheless communicate these findings to the evaluated Member State at the end of the evaluation activity, including to the authorities responsible for the relevant national quality control mechanism. The team should actively seek to identify best practices which should be added to the reports. In particular, new and innovative measures that significantly improve the implementation of the common rules and that could be put in practice by other Member States should be highlighted as a best practice for the purposes of the report.
Amendment 74 #
2021/0140(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) Evaluation reports should, as a rule, contain recommendations on how to remedy deficiencies identified (including fundamental rights violations) and be adopted in a single act by the Commission by means of implementing acts through the examination procedure in accordance with Article 5 of Regulation (EU) No 182/201136 and without undue delay. Particular attention should be paid to identifying and remedying fundamental rights violations. The consolidation of the report and recommendations within a single document and subject to a single adoption procedure reinforces the intrinsic connection between the evaluation findings and recommendations. In addition, the accelerated publication of the recommendations should enable Member States to address the deficiencies faster and more efficiently. At the same time, the use of the examination procedure should ensure Member State’s engagement in the decision-making process leading to the adoption of the recommendations. _________________ 36 OJ L 55, 28.2.2011, p. 13.
Amendment 83 #
2021/0140(CNS)
(24) The evaluation and monitoring mechanism should comprise a robust follow-up and monitoring component which should be ensured by the Commission, in close cooperation with the Council and the European Parliament, without creating a disproportionate burden for the actors involved. Evaluations should be followed up by action plans. While drawing up the action plans, the evaluated Member States should fully take into consideration the funding possibilities provided by the Union and make the best use of these resources. To speed up the process, the Commission should provide observations on the adequacy of the action plans for example in the form of a letter. In order to ensure a timely follow up, if the Commission services do not consider the action plan adequate, the Member State concerned should be required to submit a revised action plan within one month from the receipt of the observations. The frequency of the follow-up reporting by the Member State to the Commission and the Council on the implementation of the action plans should, as a rule, be sixthree months.
Amendment 85 #
2021/0140(CNS)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In cases where, after a revisit, the implementation of the action plan following an evaluation that identified a serious deficiency is not completed by a Member State to a satisfactory level, the Commission should launch an infringement procedure against that Member State.
Amendment 92 #
2021/0140(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) In view of the particular role entrusted to the European Parliament and to the national parliaments under the last sentence of Article 70 of the Treaty on the Functioning of the European Union (TFEU), as underlined in Article 12, point (c), of the Treaty on European Union (TEU) as regards the national parliaments, the Council and the Commission should fully inform the European Parliament and the national Parliaments of the content and results of the evaluations no later than two weeks after the procedure is concluded. In addition, should the Commission submit a proposal to amend this Regulation, the Council would, in accordance with Article 19(7), point (h), of its Rules of Procedure39 , consult the European Parliament in order to take into consideration its opinion, to the fullest extent possible, before adopting a final text. _________________ 39 Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325 11.12.2009, p. 35).
Amendment 109 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the Schengen acquis and which individually or in combination, have, or risk to have over time, a significant negative impact on the rights of individuals or on the functioning of the Schengen area;
Amendment 113 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘team’ means a group comprising experts designated by Member States and, Commission as well as Parliament representatives who carry out evaluations and monitoring activities.
Amendment 140 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) when it has grounds to consider that a Member State is seriously neglecting its obligations under the Schengen acquis including allegations of serious fundamental rights violations at the external borders.
Amendment 149 #
2021/0140(CNS)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The Commission mayshall enter into arrangements with the Union bodies, offices and agencies to facilitate the cooperation and invite at least one Member of the Union bodies, offices or agencies to participate in the teams carrying out evaluation and monitoring activities.
Amendment 213 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Unannounced visits shall take place without prior notification to the Member State concerned. By way of exception, the Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the Schengen acquis.
Amendment 219 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
The Commission shall establish the detailed programme for unannounced visits. Where Member States have been notified, the Commission may consult the timetable and detailed programme with the Member State concerned.
Amendment 220 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission, in close cooperation with the Member States, may establish and update Guidelines for conducting unannounced visits and may consult with Member States.
Amendment 223 #
2021/0140(CNS)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, in cooperation with the Member States, may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods, if in person meetings cannot take place.
Amendment 224 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The Commission shall transmit the evaluation report to the national Parliaments, the European Parliament and the Council no later than two weeks after the report is adopted.
Amendment 229 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. The evaluation report mayshall set deadlines for the implementation of recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 23 shall apply.
Amendment 235 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. After consulting the team, which has carried out the evaluation activity, the Commission shall provide observations on the adequacy of the action plan and, within one month from its submission, shall inform the evaluated Member State about its observations. The Council may invite other Member States to provide comments on the action plan.
Amendment 251 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
Article 23 – paragraph 5 – introductory part
5. The Council shall adopt recommendations within two weeken days of receipt of the proposal.
Amendment 252 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
The Council shall set short time limits for the implementation of the recommendations related to a serious deficiency and specify the frequency of the reporting by the evaluated Member State to the Commission and the Council on the implementation of its action plan.
Amendment 254 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 6 – introductory part
Article 23 – paragraph 6 – introductory part
6. The evaluated Member State shall submit to the Commission and the Council its action plan within one monthtwo weeks of the adoption of the recommendations. The Commission shall transmit that action plan to the European Parliament.
Amendment 260 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 7 – introductory part
Article 23 – paragraph 7 – introductory part
7. To verify the progress made in the implementation of the recommendations related to the serious deficiency, the Commission shall organise a revisit that is to take place no later than one year6 months from the date of the evaluation activity. The Commission shall also invite the European Parliament and the Council to each send a representative to participate in a revisit.
Amendment 261 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
8. The Council shalland the European Parliament may express its position on the report.
Amendment 263 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 8 a (new)
Article 23 – paragraph 8 a (new)
8 a. In cases where, after a revisit, the implementation of the action plan following an evaluation that identified a serious deficiency is not completed by a Member State to a satisfactory level, the Commission should launch an infringement procedure against that Member State.
Amendment 264 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 9 – subparagraph 2
Article 23 – paragraph 9 – subparagraph 2
In deciding whether to close the action plan, the Commission shallmay take into account that position.
Amendment 311 #
2021/0106(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
Amendment 348 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 358 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. Therefore, the term AI system should be defined in line with internationally accepted definitions. The definition should be based on the key functional characteristics of the softwareAI systems, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in air physical or digital dimensionenvironment. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to– date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. In order to ensure alignment of definitions on an international level, the European Commission should engage in a dialogue with international organisations such as the Organisation for Economic Cooperation and Development (OECD), should their definitions of the term ‘AI system’ be adjusted.
Amendment 374 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises.
Amendment 399 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should not undermine research and development activity and should respect freedom of science. It is therefore necessary to exclude from its scope AI systems specifically developed and put into service for the sole purpose of scientific research and development and to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems. As regards product oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing of an AI system on the market or putting it into service. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical standards for scientific research.
Amendment 404 #
2021/0106(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Given the complexity of the value chain for AI systems, it is essential to clarify the role of persons who may contribute to the development of AI systems covered by this Regulation, without being providers and thus being obliged to comply with the obligations and requirements established herein. It is necessary to clarify that general purpose AI systems - understood as AI systems that are able to perform generally applicable functions such as image/speech recognition, audio/video generation, pattern detection, question answering, translation etc. - should not be considered as having an intended purpose within the meaning of this Regulation, unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. Initial providers of general purpose AI systems should therefore only have to comply with the provisions on accuracy, robustness and cybersecurity as laid down in Art. 15 of this Regulation. If a person adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service, it shall be considered the provider and be subject to the obligations laid down in this Regulation. The initial provider of a general purpose AI application shall, after placing it on the market or putting it to service, and without compromising its own intellectual property rights or trade secrets, provide the new provider with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation.
Amendment 430 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 443 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
Amendment 450 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited.
Amendment 464 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 477 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 486 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 494 #
2021/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 497 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 511 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
Amendment 515 #
2021/0106(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 534 #
2021/0106(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure in order to ensure compliance with essential safety requirements with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
Amendment 546 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk, except for verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
Amendment 563 #
2021/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) AI systems used for making autonomous decisions or materially influencing decisions in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
Amendment 576 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 582 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
Amendment 599 #
2021/0106(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts andor the law and infor applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
Amendment 662 #
2021/0106(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) To enable enforcement of this Regulation and create a level-playing field for operators, and taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative established in the Union.
Amendment 674 #
2021/0106(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission could adopt common technical specifications in areas where no harmonised standards exist or where they are insufficientand are not expected to be published within a reasonable period or where they are insufficient, only after consulting the Artificial Intelligence Board, the European standardisation organisations as well as the relevant stakeholders. The Commission should duly justify why it decided not to use harmonised standards. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
Amendment 683 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which and AI systems intended to be used to make inferences on the basis of biometric data that produce legal effects or affect the rights and freedoms of natural persons. For those types of AI systems the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited..
Amendment 713 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content is part of an obviously artistic, creative or fictional cinematographic work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose, in an appropriate, clear and visible manner, that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 733 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 741 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established as a body of the Union and should have legal personality. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission and the national competent authorities on specific questions related to artificial intelligence.
Amendment 796 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for certain AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
Amendment 797 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance and governance; .
Amendment 802 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
Amendment 820 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems locatwho are established within the Union;
Amendment 827 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems thatwho are locatestablished in a third country, where the output produced by the system is used in the Union;
Amendment 833 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) importers and distributors of AI systems;
Amendment 834 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(c b) product placing on the market or putting into service an AI system together with their product and under their own name or trademark;
Amendment 837 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
Article 2 – paragraph 1 – point c c (new)
(c c) authorised representatives of providers, which are established in the Union.
Amendment 844 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following acts,classified as high- risk AI in accordance with Article 6 related to products covered by Union harmonisation legislation listed in Annex II, section B only Article 84 of this Regulation shall apply:.
Amendment 845 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 847 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 849 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 851 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 853 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 856 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 857 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
Amendment 860 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 861 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
Amendment 863 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2 b. This Regulation shall not apply to any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
Amendment 912 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact withreal or virtual environments; AI systems can be designed to operate with varying levels of autonomy and can be developed with one or more of the techniques and approaches listed in Annex I;
Amendment 923 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
Amendment 926 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1 b) 'general purpose AI system’ means an AI system that is able to perform generally applicable functions for multiple potential purposes, such as image or speech recognition, audio or video generation, pattern detection, question answering, and translation, is largely customizable and often open source software;
Amendment 930 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provid'developer’' means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view toand placinges it on the market or puttings it into service under its own name or trademark, whether for payment or free of charge or that adapts general purpose AI systems to a specific intended purpose;
Amendment 937 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 939 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) ‘risk’ means the combination of the probability of occurrence of a harm and the severity of that harm;
Amendment 940 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
(3 b) ‘significant harm‘ means a material harm to a person's life, health and safety or fundamental rights or entities or society at large whose severity is exceptional. The severity is in particular exceptional when the harm is hardly reversible, the outcome has a material adverse impact on health or safety of a person or the impacted person is dependent on the outcome;
Amendment 947 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
Amendment 1002 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service, which affectsis not foreseen or planned by the provider and as a result of which the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation oris affected or which results in a modification to the intended purpose for which the AI system has been assessed. A substantial modification is given if the remaining risk is increased by the modification of the AI system under the application of all necessary protective measures;
Amendment 1009 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24
Article 3 – paragraph 1 – point 24
(24) ‘CE marking of conformity’ (CE marking) means a physical or digital marking by which a provider indicates that an AI system or a product with an embedded AI system is in conformity with the requirements set out in Title III, Chapter 2 of this Regulation and other applicable Union legislation harmonising the conditions for the marketing of products (‘Union harmonisation legislation’) providing for its affixing;
Amendment 1037 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;
Amendment 1044 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, or inferring their characteristics and attributes on the basis of their biometric or biometrics-based data;
Amendment 1052 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
Amendment 1103 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘regulatory sandbox’ means a facility that provides a controlled environment that facilitates the safe development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan;
Amendment 1111 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘deep fake’ means an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful.
Amendment 1129 #
2021/0106(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 1136 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, after an adequate and transparent consultation process involving the relevant stakeholders, to amend the list of techniques and approaches listed in Annex I within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of transparent characteristics that are similar to the techniques and approaches listed therein. Providers and users of AI systems should be given 24 months to comply with any amendment to Annex I.
Amendment 1169 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to or the effect of materially distorting a person’s behaviour in a manner that causes or is reasonably likely to cause that person or another person physical or psychological harm;
Amendment 1181 #
2021/0106(COD)
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of an individual, including characteristics of such individual’s known or predicted personality or social or economic situation, a specific group of persons due to their age, physical or mental or disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1223 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
Amendment 1234 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:.
Amendment 1254 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1260 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1274 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1286 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) the use of an AI system for the general monitoring, detection and interpretation of private content in interpersonal communication services, including all measures that would undermine end-to-end encryption..
Amendment 1354 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1356 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 1358 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 1361 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 1367 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1375 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 1387 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1423 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a main safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
Amendment 1429 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the product whose main safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment in order to ensure compliance with essential safety requirements with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
Amendment 1437 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk in the meaning of this regulation, if they will be deployed in a critical area referred to in Annex III and an individual assessment of the specific application carried out in accordance with Art. 6a showed that a significant harm is likely to arise.
Amendment 1456 #
2021/0106(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 1466 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where, after an adequate and transparent consultation process involving the relevant stakeholders, to update the list in Annex III by withdrawing areas from that list or by adding critical areas. For additions both of the following conditions arneed to be fulfilled:
Amendment 1503 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) the extent to which the AI system acts autonomously;
Amendment 1520 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) the potential misuse and malicious use of the AI system and of the technology underpinning it;
Amendment 1531 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(g a) magnitude and likelihood of benefit of the deployment of the AI system for individuals, groups, or society at large;
Amendment 1538 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation, in particular the GDPR, provides for:
Amendment 1549 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The Commission shall provide a transitional period of at least 24 months following each update of Annex III.
Amendment 1555 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
Amendment 1575 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in appropriate relation to high- risk AI systems and its risks identified in the risk assessment referred to in Art. 6a.
Amendment 1587 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with eachmost likely to occur to health, safety and fundamental rights in view of the intended purpose of the high-risk AI system;
Amendment 1591 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1598 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) evaluation of other possibly arisingnew arising significant risks based on the analysis of data gathered from the post-market monitoring system referred to in Article 61;
Amendment 1602 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The risks referred to in paragraph 2 shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information.
Amendment 1605 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specification, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements.
Amendment 1609 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual significant risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI system is reasonably expected to deliver and provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual significant risks shall be communicated to the user.
Amendment 1621 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as posidentified and evaluated risks as far as economically and technologically feasible through adequate design and development of the high-risk AI system;
Amendment 1624 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) where appropriate, implementation of adequate mitigation and control measures in relation to significant risks that cannot be eliminated;
Amendment 1627 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.
Amendment 1639 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing and weighing any such measures against the potential benefits and intended goals of the system. Evaluations shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the relevant requirements set out in this Chapter.
Amendment 1653 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are appropriate to the intended purpose of the high-risk AI system.
Amendment 1669 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUproviders and AI systems already covered by Union law that require them to establish a specific risk management, the aspects described in paragraphs 1 to 8 shall be part of the risk management procedures established by those institutions pursuant to Article 74 of that Directiveat Union law or deemed to be covered as part of it.
Amendment 1673 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be, as far as this can be reasonably expected and is feasible from a technical and economical point of view, developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5.
Amendment 1683 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices appropriate for the context of the use as well as the intended purpose of the AI system. Those practices shall concern in particular,
Amendment 1693 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
Amendment 1702 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect the output of the AI system;
Amendment 1707 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possiblesignificant data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
Amendment 1715 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and completeHigh-risk AI systems shall be designed and developed with the best efforts to ensure that training, validation and testing data sets shall be relevant, representative, and to the best extent possible, free of errors and complete in accordance with industry standards. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1742 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Appropriate data governance and management practices shall apply fFor the development of high-risk AI systems nother than those which make use of using techniques involving the training of models in order to ensure that those high-risk AI systems comply with paragraph 2, paragraphs 2 to 5 shall apply only to the testing data sets.
Amendment 1753 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or, in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent authority.
Amendment 1778 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 1790 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms, the AI systems output is interpretable by the user and the user is able to understand the general functionality of the AI system and its use of data.
Amendment 1793 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that helps supporting informed decision-making by users and is relevant, accessible and comprehensible to users.
Amendment 1801 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
Amendment 1808 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
Article 13 – paragraph 3 – point e a (new)
(e a) a description of the mechanisms included within the AI system that allow users to properly collect, store and interpret the logs in accordance with Article 12(1).
Amendment 1812 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. HWhere proportionate to the risks associated with the high-risk system and where technical safeguards are not sufficient, high-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use.
Amendment 1818 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 1830 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The measures referred to For the purpose of implementing paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate to the circumstances 1 to 3, the high-risk AI system shall be provided to the user in such a way that the individuals to whom human oversight is assigned are enabled as appropriate and proportionate, to the circumstances and in accordance with industry standards:
Amendment 1832 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
(a) fulto be aware of and sufficiently understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
Amendment 1833 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendency of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
Amendment 1836 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point c
Article 14 – paragraph 4 – point c
(c) be able to correctly interpret the high-risk AI system’s output, taking into account in particular the characteristics of the system andfor example the interpretation tools and methods available;
Amendment 1838 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
(d) to be able to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
Amendment 1841 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) to be able to intervene on the operation of the high-risk AI system, halt or interrupt the system through a “stop” button or a similar procedurewhere reasonable and technically feasible and except if the human interference increases the risks or would negatively impact the performance in consideration of generally acknowledged state-of-the-art.
Amendment 1844 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been verified and confirmed by at least two natural persons separately.
Amendment 1850 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose and to the extent that can be reasonably expected and is in accordance with relevant industry standards, an appropriate level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
Amendment 1856 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systemsrange of expected performance and the operational factors that affect that performance shall be declared in the accompanying instructions of use.
Amendment 1858 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilientdesigned and developed with safety and security-by-design mechanism so that they achieve, in the light of their intended purpose, an appropriate level of cyber resilience as regards to errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
Amendment 1863 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as aninfluencing input for future operations (‘feedback loops’) are duly addressed with appropriate mitigation measures.
Amendment 1867 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuring and organisational measures designed to uphold the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
Amendment 1887 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) draw-up the technical documentation of the high-risk AI system referred to in Article 18;
Amendment 1891 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems as referred to in Article 20;
Amendment 1893 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure as referred to in Article 43, prior to its placing on the market or putting into service;
Amendment 1899 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions as referred to in Article 21, if the high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title;
Amendment 1902 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j
Article 16 – paragraph 1 – point j
(j) upon reasoned request of a national competent authority, provide the relevant information and documentation to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title.
Amendment 1914 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures andor instructions, and shall include at least the following aspects:
Amendment 1916 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 1921 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 1934 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
(j) the handling of communication with national competent authorities, competent authorities, including sectoral ones, providing or supporting the access to data, notified bodies, other operators, customers or other interested parties;
Amendment 1935 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point k
Article 17 – paragraph 1 – point k
Amendment 1965 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competentmarket surveillance authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
Amendment 1969 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon request by a national competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. Any information submitted in accordance with the provision of this article shall be considered by the national competent authority a trade secret of the company that is submitting such information and kept strictly confidential.
Amendment 1977 #
2021/0106(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Conditions for other persons to be subject to the obligations of a provider 1. Concerning high risk AI systems any natural or legal person shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances: (a) they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligationsare allocated otherwise; (b) they make a substantial modification to or modify the intended purpose of a high-risk AI system already placed on the market or put into service; (c) they modify the intended purpose of a non-high-risk AI system already placed on the market or put it to service, in a way which makes the modified system a high- risk AI system; (d) they fulfil the conditions referred in Article 3a(2). 2. Where the circumstances referred to in paragraph 1 occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation. The initial provider subject to the previous sentence, shall upon request and without compromising its own intellectual property rights or trade secrets, provide the new provider referred to in paragraph (1a), (1b) or (1c) with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation. 3. For high-risk AI systems that are safety components of products to which the legal acts listed in Annex II, section A apply, the manufacturer of those products shall be considered the provider of the high- risk AI system and shall be subject to the obligations referred to in Article 16 under either of the following scenarios: (i) the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer; or (ii) the high-risk AI system is put into service under the name or trademark of the product manufacturer after the product has been placed on the market. 4. Third parties involved in the sale and the supply of software including general purpose application programming interfaces (API), software tools and components, providers who develop and train AI systems on behalf of a deploying company in accordance with their instruction, or providers of network services shall not be considered providers for the purposes of this Regulation.
Amendment 1978 #
2021/0106(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 1981 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 1991 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point c
Article 25 – paragraph 2 – point c
(c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes into relation to the high-risk AI systemduce and mitigate the risks posed by a high-risk AI system covered by the authorised representative's mandate.
Amendment 2011 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system as well as the market surveillance authorities, as applicable, to that effect.
Amendment 2015 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the provider or the importer of the system as well as the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
Amendment 2018 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authorityregarding its activities pursuant to paragraphs 1 to 4.
Amendment 2024 #
2021/0106(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 2039 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5 of this article.
Amendment 2049 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant in view of the intended purpose of the high-risk AI system. To the extent the user exercises control over the high-risk AI system, that user shall also ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
Amendment 2054 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 4 – introductory part
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use and, when relevant, inform providers in accordance with Article 61. To the extent the user exercises control over the high-risk AI system, the user shall also establish a risk management system in line with Article 9 but limited to the potential adverse effects of using the high-risk AI system, the respective mitigation measures. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall inform the provider or distributor and suspend the use of the system. They shall also inform the provider or distributor when they have identified any serious incident or any malfunctioning within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, Article 62 shall apply mutatis mutandis.
Amendment 2059 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
Amendment 2064 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicaband may revert in part to those data protection impact assessments for fulfilling the obligations set out in this article.
Amendment 2068 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Where a user of a high risk AI system is obliged pursuant to Regulation (EU) 2016/679 to provide information regarding the use of automated decision making procedures, the user shall not be obliged to provide information on how the AI system reached a specific result. When fulfilling the information obligations under Regulation (EU) 2016/679, the user shall not be obliged to provide information beyond the information he or she received from the provider under Article 13 of this Regulation.
Amendment 2076 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 b (new)
Article 29 – paragraph 6 b (new)
6 b. The obligations established by this Article shall not apply to users who use the AI system in the course of a personal non-professional activity.
Amendment 2133 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist and are not expected to be published within a reasonable period or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2138 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1 a. When deciding to draft and adopt common specifications, the Commission shall consult the Board, the European standardisation organisations as well as the relevant stakeholders, and duly justify why it decided not to use harmonised standards. The abovementioned organisations shall be regularly consulted while the Commission is in the process of drafting the common specifications.
Amendment 2141 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of stakeholders, including SMEs and start- ups, relevant bodies or expert groups established under relevant sectorial Union law.
Amendment 2149 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Where providers of high-risk AI systems do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto.
Amendment 2150 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. If harmonised standards referred to in Article 40 are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 in the future, the relevant common specifications shall no longer apply.
Amendment 2191 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems that have already been subject to a conformity assessment procedure shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whetherif the modified system is intended to be further distributed or continues to be used by the current user.
Amendment 2193 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification. The same should apply to updates of the AI system for security reasons in general and to protect against evolving threats of manipulation of the system as long as the update does not include significant changes to the functionality of the system.
Amendment 2201 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
Amendment 2208 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 2232 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The physical CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
Amendment 2234 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. A digital CE marking may be used instead of or additionally to the physical marking if it can be accessed via the display of the product or via a machine- readable code or other electronic means.
Amendment 2241 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 105 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
Amendment 2244 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2) and Article 6a, the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2252 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before putting into service or using a high-risk AI system in one of the areas listed in Annex III, users who are public authorities or Union institutions, bodies, offices or agencies or users acting on their behalf shall register in the EU database referred to in Article 60.
Amendment 2268 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
Amendment 2271 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose, in an appropriate, clear and visible manner, that the content has been artificially generated or manipulated.
Amendment 2278 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detectcontent is part of an obviously artistic, pcrevent, investigate and prosecute criminal offencesative or fictional cinematographic work or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 2294 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisorthe European Commission, one or more Member States, or other competent entities shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuringin collaboration with and guidance by the European Commission or the competent authorities in order to identify risks to health and safety and fundamental rights, test mitigation measures for identified risks, demonstrate prevention of these risks and otherwise ensure compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
Amendment 2309 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The European Commission in collaboration with Member States shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox.
Amendment 2329 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. The European Commission, Member States’ competent authorities and other entities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the CommissionCommission’s AI Regulatory Sandboxing programme. The European Commission shall submit annual reports to the European Artificial Intelligence Board on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
Amendment 2340 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6 a. The Commission shall establish an EU AI Regulatory Sandboxing Programme whose modalities referred to in Article 53(6) shall cover the elements set out in Annex IXa. The Commission shall proactively coordinate with national, regional and also local authorities, as relevant.
Amendment 2372 #
2021/0106(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Measures for small-scale providerSMEs, start-ups and users
Amendment 2375 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
Amendment 2377 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providerSMEs, sart-ups and users;
Amendment 2379 #
2021/0106(COD)
(c) where appropriate, establish a dedicated channel for communication with small-scale providers andSMEs, start-ups, users and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
Amendment 2381 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
Article 55 – paragraph 1 – point c a (new)
(c a) support SME's increased participation in the standardisation development process;
Amendment 2387 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
Amendment 2389 #
2021/0106(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes Member States shall promote research and development of AI solutions which support socially and environmentally beneficial outcomes, including but not limited to development of AI-based solutions to increase accessibility for persons with disabilities, tackle socio- economic inequalities, and meet sustainability and environmental targets, by: (a) providing relevant projects with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions; (b) earmarking public funding, including from relevant EU funds, for AI research and development in support of socially and environmentally beneficial outcomes; (c) organising specific awareness raising activities about the application of this Regulation, the availability of and application procedures for dedicated funding, tailored to the needs of those projects; (d) where appropriate, establishing accessible dedicated channels for communication with projects to provide guidance and respond toqueries about the implementation of this Regulation.
Amendment 2400 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established as a body of the Union and shall have legal personality.
Amendment 2405 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and to the national supervisory authorities in order to:
Amendment 2408 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point b
Article 56 – paragraph 2 – point b
(b) coordinate and contribute toprovide guidance and analysis by the Commission and the national supervisory authorities and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
Amendment 2410 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – point c
(c) contribute to the effective and consistent application of this Regulation and assist the national supervisory authorities and the Commission in ensuring the consistent application of this Regulationthat regard.
Amendment 2414 #
2021/0106(COD)
(c a) contribute to the effective cooperation with the competent authorities of third countries and with international organisations.
Amendment 2431 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisorthe European Data Protection Supervisor as the EU Agency for Fundamental Rights, the EU Agency for Cybersecurity, the Joint Research Centre, the European Committee for Standardization, the European Committee for Electrotechnical Standardization, and the European Telecommunications Standards Institute, each with one representative. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2439 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1 a. The Board shall act independently when performing its tasks or exercising its powers.
Amendment 2464 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end t, and hold consultations with relevant stakeholders and ensure appropriate participation. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 2484 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and to the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
Amendment 2498 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the assessment , establishing, managing with the meaning of fostering cooperation and guaranteeing consistency among regulatory sandboxes, and functioning of regulatory sandboxes referred to in Article 53, Article54 and Annex IXa;
Amendment 2513 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national competent authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
Amendment 2521 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) coordinate among national competent authorities; issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
Amendment 2526 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
Amendment 2529 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
Article 58 – paragraph 1 – point c d (new)
Amendment 2533 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(c e) carry out biannual horizon scanning and foresight exercises to extrapolate the impact the trends and emerging issues can have on the Union;
Amendment 2539 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) promote public awareness and understanding of the benefits, rules and safeguards and rights in relation to the use of AI systems.
Amendment 2572 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial, technical and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements.
Amendment 2584 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The Commission and the board shall facilitate the exchange of experience between national competent authorities.
Amendment 2589 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providerSMEs and start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators and other stakeholders.
Amendment 2593 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 8
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision and coordination.
Amendment 2615 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2)in one of the areas listed in Annex III which are registered in accordance with Article 51 and their uses by public authorities and Union institutions, bodies, offices or agencies or on their behalf.
Amendment 2627 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. or the user, if the user is a public authority or a Union institution, body, office or agency or a user acting on their behalf.
Amendment 2643 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources, to the extent such data are readily accessible to the provider and taking into account the limits resulting from data protection, copyright and competition law, on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 2648 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan by ... [12 months following the entry into force of this Regulation].
Amendment 2655 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers and, where applicable, users of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 2657 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediatwithout undue delay after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
Amendment 2664 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 a (new)
Article 62 – paragraph 1 – subparagraph 1 a (new)
No report under this Article is required if the serious incident also leads to reporting requirements under other laws. In that case, the authorities competent under those laws shall forward the received report to the national competent authority.
Amendment 2668 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2 a. Upon establishing a causal link between the AI system and the serious incident or malfunctioning or the reasonable likelihood of such a link, providers shall take appropriate corrective actions pursuant to Article 21.
Amendment 2673 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 3 a (new)
Article 62 – paragraph 3 a (new)
3 a. National supervisory authorities shall on an annual basis notify the Board of the serious incidents and malfunctioning reported to them in accordance with this Article.
Amendment 2674 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The national supervisory authority shall report annually to the Commission on a regular basis the outcomes of relevant market surveillance activities. The national supervisory authority shall report, without delay, to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union law on competition rules.
Amendment 2676 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3 a. The procedures referred to in Articles 65, 66, 67 and 68 of this Regulation shall not apply to AI systems related to products, to which legal acts listed in Annex II, section A apply, when such legal acts already provide for procedures having the same objective. In such a case, these sectoral procedures shall apply instead.
Amendment 2679 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. AWithout prejudice to powers provided under Regulation (EU) 2019/1020, and where relevant and limited to what is necessary to fulfil their tasks, market surveillance authorities may request access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the training, validation and testing datasets used by the provider, including that are strictly necessary for the purpose of its request., including, where appropriate and subject to security safeguards, through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 2689 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. WhereMarket surveillance authorities shall be granted access to the source code of the high-risk AI system upon a reasoned request and only when the following cumulative conditions are fulfilled: a) Access to source code is necessary to assess the conformity of thea high-risk AI system with the requirements set out in Title III, Chapter 2, and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. b) testing/auditing procedures and verifications based on the data and documentation provided by the provider have been exhausted or proved insufficient.
Amendment 2709 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned.
Amendment 2715 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
Amendment 2722 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take.
Amendment 2726 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market, to withdraw the product from that market or to recall it. That authority shall informnotify the Commission and the other Member States, without delay, of those measures.
Amendment 2727 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – introductory part
Article 65 – paragraph 6 – introductory part
6. The informnotification referred to in paragraph 5 shall include all available details, in particular the datainformation necessary for the identification of the non- compliant AI system, the origin of the AI system, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to one or more of the following:
Amendment 2729 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point a
Article 65 – paragraph 6 – point a
(a) a failure of the high-risk AI system to meet requirements set out in Title III, Chapter 2;
Amendment 2730 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point b a (new)
Article 65 – paragraph 6 – point b a (new)
(b a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;
Amendment 2731 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point b b (new)
Article 65 – paragraph 6 – point b b (new)
(b b) non-compliance with provisions set out in Article 52;
Amendment 2735 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 8
Article 65 – paragraph 8
8. Where, within three months of receipt of the informnotification referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The period referred to in the first sentence of this paragraph shall be reduced to 30 days in the case of non- compliance with the prohibition of the artificial intelligence practices referred to in Article 5.
Amendment 2737 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 9
Article 65 – paragraph 9
9. The market surveillance authorities of all Member States shall ensure that appropriate restrictive measures are taken in respect of the productAI system concerned, such as withdrawal of the product from their market, without delay.
Amendment 2739 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), or 30 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State’s market surveillance authority and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months, or 60 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, starting from the notification referred to in Article 65(5) and notify such decision to the Member State concerned. The Commission shall also inform all other Member States of such decision.
Amendment 2751 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection or to fundamental rights, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 2758 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States concerned and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
Amendment 2762 #
2021/0106(COD)
5. The Commission shall address its decision to the Member States concerned, and inform all other Member States.
Amendment 2769 #
2021/0106(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate and proportionate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 2772 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 2779 #
2021/0106(COD)
Proposal for a regulation
Article 68 b (new)
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against a national supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a national supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the national supervisory authority does not handle a complaint, does not inform the complainant on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a(3) or does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a(4) or its obligations under Article 65. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the national supervisory authority is established.
Amendment 2787 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Commission and the Member Statesboard shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
Amendment 2793 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
Amendment 2796 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. National competent authorities and, notified bodies involved in the application of this Regulation shall respect, the Commission, the Board, and any other natural or legal person involved in the application of this Regulation shall, in accordance with Union or national law, put appropriate technical and organisational measures in place to ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
Amendment 2803 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
Amendment 2821 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and interests of small-scale providerSMEs and start-ups and their economic viability.
Amendment 2827 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2830 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – introductory part
Article 71 – paragraph 3 – introductory part
3. The following infringementsNon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 320 000 000 EUR or, if the offender is a company, up to 64 % of its total worldwide annual turnover for the preceding financial year, and in case of SMEs and start-ups, up to 3% of its worldwide annual turnover for the preceding financial year, whichever is higher: . .
Amendment 2838 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point a
Article 71 – paragraph 3 – point a
Amendment 2840 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point b
Article 71 – paragraph 3 – point b
Amendment 2848 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The grossly negligent non- compliance by the provider or the user of the AI s ystem with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2864 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point b
Article 71 – paragraph 6 – point b
(b) whether administrative fines have been already applied by other market surveillance authorities of one or more Member States to the same operator for the same infringement.
Amendment 2866 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c
Article 71 – paragraph 6 – point c
(c) the size, the annual turnover and market share of the operator committing the infringement;
Amendment 2881 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
Amendment 2962 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changesubstantial modification in their design or intended purpose as defined in Article 3(23) .
Amendment 2968 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
Amendment 2972 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1 a (new)
Article 84 – paragraph 1 a (new)
Amendment 2974 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point a
Article 84 – paragraph 3 – point a
(a) the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation;
Amendment 3001 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. This Regulation shall apply from [248 months following the entering into force of the Regulation].
Amendment 3007 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3 a. Member States shall not until... [24 months after the date of application of this Regulation] impede the making available of AI systems and products which were placed on the market inconformity with Union harmonisation legislation before [the date of application of this Regulation].
Amendment 3008 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 b (new)
Article 85 – paragraph 3 b (new)
Amendment 3017 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 3024 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 3045 #
2021/0106(COD)
Proposal for a regulation
Annex III – title
Annex III – title
Amendment 3059 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons; , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
Amendment 3066 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems intended to be used to make inferences on the basis of biometric data, including emotion recognition systems, or biometrics-based data, including speech patterns, tone of voice, lip-reading and body language analysis, that produces legal effects or affects the rights and freedoms of natural persons.
Amendment 3102 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educationalthose institutions.
Amendment 3108 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used formake autonomous decisions or materially influence decisions about recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 3118 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for makingmake autonomous decisions or materially influence decisions on promotion and termination of work- related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
Amendment 3136 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providerSMEs and start-ups for their own use;
Amendment 3154 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
Amendment 3164 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 3168 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on their behalf to detect deep fakes as referred to in article 52(3);
Amendment 3172 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on their behalf for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
Amendment 3177 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 3184 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities or on their behalf for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
Amendment 3188 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
Annex III – paragraph 1 – point 6 – point g
(g) AI systems intended to be used by law enforcement authorities or on their behalf for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
Amendment 3195 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 3205 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
Amendment 3207 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
Annex III – paragraph 1 – point 7 – point c
(c) AI systems intended to be used by competent public authorities or on their behalf for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
Amendment 3214 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities or on their behalf for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
Amendment 3216 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assistbe used by competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
Amendment 3233 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to assist abe used by judicial authority in researching andies or on their behalf in interpreting facts andor the law and infor applying the law to a concrete set of facts.
Amendment 3279 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 5
Annex IV – paragraph 1 – point 5
5. A description of relevanyt changes made by providers to the system through its lifecycle;
Amendment 3281 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 6
Annex IV – paragraph 1 – point 6
6. A list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union; where no such harmonised standards have been applied, a detailed description of the solutions adopted to meet the requirements set out in Title III, Chapter 2, including a list of common specifications or other relevant standards and technical specifications applied;
Amendment 3312 #
2021/0106(COD)
Proposal for a regulation
Annex IX a (new)
Annex IX a (new)
Amendment 1 #
2021/0076(BUD)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas Estonian authorities started providing the personalised services to the targeted beneficiaries on 1 January 2021;
Amendment 5 #
2021/0076(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that Estonia started providing personalised services to the targeted beneficiaries on 1 January 2021 and that the period of eligibility for a financial contribution from the EGF will therefore be from 1 January 2021 to 1 January 2023, with the exception of formal education or training courses, including vocational training, the duration of which is two years or more, which will be eligible until 1 July 2023;
Amendment 6 #
2021/0076(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that personalised services to be provided to the workers and self- employed persons consist of the following actions: labour market training, business start-up subsidy and follow up support, apprenticeships, support for formal studies and training allowances, including vocational training allowances;
Amendment 7 #
2021/0076(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to minimise the time taken to assess EGF assistance requests and to mobilise the EGF, so as to reduce the pressure on national social security systems in the context of COVID-19 crisis;
Amendment 12 #
2021/0046(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Access to the ECRIS-TCN is necessary for the authorities designated to carry out the screening provided for in Regulation (EU) …/… [Regulation on Screening]19 in order to establish whether a person could pose a threat to internal security or to public policy. _________________ 19 Op. cit. 15.
Amendment 18 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third-country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member States where such convictions were handed down [as well as for the purposes of border management]29 . With the exception of point (b)(ii) of Article 5(1), the provisions of this Regulation that apply to third- country nationals also apply to citizens of the Union who also hold the nationality of a third country and who have been subject to convictions in the Member States. _________________ 29 COM/2019/3 final.
Amendment 21 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a flag indicating, for the purpose of [Regulation (EU) 2018/1240 and of Article 11 and 12 of Regulation (EU) …/… [Regulation on Screening], that the third- country national concerned has been convicted for a terrorist offence or any other serious criminal offence listed in the annex to Regulation (EU) 2018/1240 if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years, and in those cases the code of the convicting Member State(s).’;
Amendment 24 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point c
Article 7 – paragraph 7 – point c
Amendment 25 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 7 – point d
Article 7 – paragraph 7 – point d
(d) assessing whether a third country national subject to screening checks would pose a threat to public policy or publicinternal security, in accordance with Regulation (EU) …/… [Regulation on Screening].
Amendment 27 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/816
Article 7a – paragraph 3
Article 7a – paragraph 3
The consultation of national criminal records based on the flagged ECRIS-TCN data shall take place in accordance with national law and using national channels. The relevant national authorities shall provide an opinion to the competent authorties referred to in Article 6(7) of Regulation (EU) …/… [Regulation on Screening] within two days where the screening takes place on the territory of the Member States or within four days where the screening takes place at external borderfour days. The absence of opinion within these deadlines shall mean that there are no security grounds to be taken into account.’
Amendment 29 #
2021/0046(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/816
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
Amendment 31 #
2021/0046(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EU) 2019/818
Article 24 – paragraph 5 – subparagraph 1
Article 24 – paragraph 5 – subparagraph 1
Amendment 6 #
2021/0000(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Annual Sustainable Growth Strategy 2021 assessments, the strategy’s enhanced focus on social and environmental dimensions and its emphasis on the importance of combining crisis management with reforms identified in the European Semester, the transformative aspirations of the Green Deal and the digital transition; underlines that the COVID-19 crisis is having an impact on the notion of reforms, recovery and resilience and highlights the Portuguese Presidency’s emphasis on the European social model as a valuable contribution in this regard;
Amendment 50 #
2021/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the urgent need for the recovery and resilience plans to deliver public goods like pandemic prevention, stability of public finances and their resilience against future economic shocks, to sustain our economic base and to contribute to implementing the European Pillar of Social Rights, the EU’s climate and biodiversity objectives, the digital and green transformation, and the Gender Equality Strategy;
Amendment 64 #
2021/0000(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to apply the RoL Regulation completely and without ambiguity. as adopted by the co- legislators fully, without ambiguity and with no delay; recalls Commission’s role as guardian of the Treaties.
Amendment 18 #
2020/2244(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that in the area of social and employment policies, Next Generation EU (NGEU) and the EU budget can play a subsidiary but instrumental role in triggering, bundling and directing investments towards social development, in particular education, and resilience; appreciates that this role will be enhanced by better coordination of national policies towards overarching EU objectives such as the European Green Deal, the digital transition and the implementation of the European Pillar of Social Rights, the UN Sustainable Development Goals and the EU Gender Equality Strategy;
Amendment 21 #
2020/2244(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that vocational training systems provide youth and those who lost their jobs during the crisis with a reliable pathway towards long-term employment, which is a crucial step in overcoming the crisis;
Amendment 22 #
2020/2244(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that the access to digital infrastructure is still limited for certain groups of the population, stresses therefore the need to increase financing of digitalisation efforts to make sure that all economic actors and consumers have equal access to digital tools;
Amendment 26 #
2020/2244(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the partnership of public and private financial institutions has an important potential in providing income to the workers who are most seriously affected by the crisis, particularly those employed by SMEs in the sectors of culture, education, tourism and HORECA (hotels, restaurants, cafés);
Amendment 37 #
2020/2244(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that the delivery of financial resources under NGEU and MFF, as well as public and private resources aiming at recovery and resilience, should be done in the most swift manner in order to avoid further losses; stresses in this regard that the quality and effectiveness of public administration, its transparency and sound financial management are crucial for the implementation of the recovery resources; calls on the European Commission to assist national, regional and local public administration, where necessary, with specific expertise, digital and operational support, inter alia via the Technical Support Instrument.
Amendment 54 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controls are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen area; recalls that despite identifying significant shortcomings in the implementation of the Schengen acquis, the Commission has been slow or outright reluctant to initiate infringement proceedings, thereby contributing to the existing enforcement gap;
Amendment 57 #
2020/2196(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates the need for Member States to respect the law as enshrined in the Treaties and the Charter of Fundamental Rights, and to implement border measures in a lawful and non-discriminatory way;
Amendment 130 #
2020/2196(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out that despite the Commission adopting 198 evaluation reports in the period 2015-2019, only 45 Schengen evaluations have been closed; calls on the Member States to step up implementation of evaluation findings and Council recommendations;
Amendment 133 #
2020/2196(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to allocate sufficient resources to ensure a comprehensive evaluation of the Schengen system, including by increasing the number of on-site visits in the Member States; notes that announcing to the Member State concerned an 'unannounced' visit 24 hours in advance defeats the purpose of unannounced visits and requests a change of practice;
Amendment 134 #
2020/2196(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that a Schengen evaluation cycle takes on average two years; calls on the Commission and the Council to speed up the process, in particular the adoption of Council recommendations, which takes on average 32 weeks;
Amendment 135 #
2020/2196(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Highlights the recurrent deficiencies and areas of improvement in the Schengen system identified by the Commission: incomplete or non-conform transposition, implementation and application of pertinent Schengen acquis; insufficient number of staff and inadequate qualification and/or training; diverging and inconsistent national practices due to incoherent implementation of the Schengen acquis; fragmented administrative structures with insufficient coordination and integration of the different authorities; and practical, technological and regulatory barriers to cooperation within the Schengen area; recalls that these problems constitute fundamental obstacles to the proper functioning of Schengen and urges the Member States to finally give them appropriate attention;
Amendment 172 #
2020/2196(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that in light of the continued threats posed by transnational crime and the establishment of the European Public Prosecutor's Office, the fragmented legal framework in the area of police cooperation in Europe is insufficient; calls on the Commission to come forward with legislative proposals to strengthen police cooperation, including by enhancing the role of Europol and developing a synergistic relationship with the EPPO, supplemented with initiatives aiming to reinforce public oversight and accountability of police action;
Amendment 178 #
2020/2196(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes, that as of 1 January 2021, Ireland has begun to apply parts of the Schengen acquis; notes that Ireland's participation will benefit the security and well-being of citizens all over Europe, in particular in light of the UK's new status as a third country; encourages Ireland to join the Schengen system in full to further strengthen border management and security cooperation in Europe, without prejudice to the special arrangements governing the North/South border.
Amendment 7 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. NotStresses that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Acknowledges that the Executive Director is taking action to improve the management of EASO;
Amendment 14 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NotUnderlines that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 16 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the agencies in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agencies to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed.
Amendment 23 #
2020/2194(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the agencies to continue to develop synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
Amendment 5 #
2020/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 66 million) of payment appropriations unused; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commissionrecommends to the Commission and the Agency to start their dialogue at the earliest stage of preparation of new legal proposals in order to improve the budgetary planning in the future and to improveheir alignment of budgetary planning with the timing of the related legal acts;
Amendment 14 #
2020/2181(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
Amendment 16 #
2020/2181(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
Amendment 17 #
2020/2181(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
Amendment 5 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, including terrorism, across Europe;
Amendment 7 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security) ; welcomes the cooperation within the JHA Agencies Network chaired by Europol in 2019 to prepare a strategy paper on the future of the EU Security Architecture and the role of JHA agencies;
Amendment 15 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. NoteHighlights that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%);
Amendment 20 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
Amendment 27 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
Amendment 1 #
2020/2167(DEC)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls the conclusions of the first opinion of the Committee on Civil Liberties, Justice and Home Affairs and the final report of the Committee on Budgetary Control which led to the decision to postpone the granting of discharge in respect of the implementation of the Agency's budget for the financial year 2019 until these elements have been clarified and properly presented by the Agency, and until the OLAF investigation has been completed; emphasizes that by postponing the discharge, the Parliament has given the Agency an additional six months to respond to the various elements that were developed in the discharge report voted on the 28th April of 2021; is concerned about the resumption of our work in committee and the short period of time after the first vote in plenary;
Amendment 9 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesses detected with respect to the Agency’'s primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implementation of the 2016 mandate and the failure of the Agency to take the measures necessary to adapt its organisation to fully implement that mandate; notes that not all of the Agency's responsibilities as a result of its 2016 mandate changes have yet been implemented; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 ; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States’ implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR); _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Counnotes in particular ongoing issues of data completeness and quality in the data- collection process of Frontex's vulnerability assessment, despite Member States' obligation to provide the information Frontex needs; emphasizes that the Agency has accepted the recommendations made by the Court in its special of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).report and that a series of changes are in the process of being implemented or have already been implemented since the release of the report; recalls that Frontex defined 30 actions based on FRaLO Working Group recommendations and that these actions are excepted to be implemented by 31 August 2021 in order to fulfill its mandate;
Amendment 34 #
2020/2167(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the OLAF investigation into Frontex is still ongoing; notes also that the European Ombudsman’'s inquiry with respect to the Agency’'s complaints mechanism, case OI/5/2020/MHZ, was closed on 15 June 2021, concluding that there were no grounds for further investigation while identifying many areas for improvement in the operation of the Agency; finding, among other things, a regrettable lack of transparency; notes in addition that the Agency’'s management board has closed its investigation on 13 incidents in the Aegean Sea; recalls that Parliament’'s Frontex Scrutiny Working Group has not yet completed its report on the allegations of violations of fundamental rights by the Agency;
Amendment 2 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite an increase in the number of cases to be processed by the agency in recent years and a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recallhighlights that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 9 #
2020/2158(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NoteRegrets that anEurojust has not yet taken the necessary measures despite the Court's outstanding observation from 2018, namely, concerning the use of a negotiated procurement procedure is still to be justified;, which remains unjustified to date.
Amendment 13 #
2020/2158(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
Amendment 14 #
2020/2158(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
Amendment 15 #
2020/2158(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
Amendment 2 #
2020/2153(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improve efficiency (human resources, building management, IT services and security);
Amendment 3 #
2020/2153(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the cooperation between the Centre and EUROPOL; acknowledges the publication of their third joint report on EU Drug Markets and its supporting digital information package; notes the two new cooperations at institutional level with the European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA), in order to implement the New Psychoactive Substances legislation;
Amendment 7 #
2020/2153(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the importance to increase the digitalisation of the agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
Amendment 11 #
2020/2153(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines the important effect of turnover within the staff of the Union agencies; calls for the implementation of human and social policies to remedy it.
Amendment 2 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation and its commitment to research and reporting all types of discrimination within the Union;
Amendment 11 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; notes the decrease of 10% between 2018 and 2019; stresses that this high percentage still indicates a structural problem despite the Agency improvement to better monitor delays between the signature of contracts, deliveries and payments; calls on the Agency to further improve its financial planning and its implementation cycles;
Amendment 13 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 18 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the efforts to consolidate the Agency's new organisational structure; welcomes this reorganisation and the achievement of the objective of gender balance in management positions, as set by the Parliament;
Amendment 21 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security);
Amendment 23 #
2020/2152(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
Amendment 49 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
Amendment 116 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
Amendment 133 #
2020/2141(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
Amendment 2 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the Commission’s use of its right of legislative initiative has been neither constructive nor productive in recent years, especially as the Commission too often tailors legislative initiatives to the wishes of the Member States; believes that the same holds true of the frequent use of recast procedures and the lack of proper impact assessment;
Amendment 11 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Strongly recommendurges therefore making furtherpro-active use of Parliament’s powers under the Treaties and for a Treaty revision to be considered to give Parliament an enhanced direct right of legislative initiative, as it directly represents the European people and not just national interests, which need to be counter- balanced; deplores the fact that this possibility has been regularly deferred to a future Treaty revision;
Amendment 18 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the European Council has a de facto right of initiative when defining the strategic guidelines for legislative planning within the area of freedom, security and justice, which does not constitute a level playing field between Parliament and the Council; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies; deplores that the Commission withdraws legislative proposals mostly because the Council cannot manage to agree and that this effectively rewards the often obstructionist attitude of the Council to legislative initiatives;
Amendment 25 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it deeply regrettable that only one-third of Parliament’s legislative and non-legislative initiative procedures can be considered successful, and that most legislative initiative (INL) reports adopted since 2011 did not result in a positive reply from the Commission1 ; considers it regrettable also that the deadlines for the Commission to react to parliamentary resolutions and to come forward with legislative proposals have consistently not been respected; expects the Commission’s response to and implementation of an INL report to be automatic, as pledged by the current Commission President when she sought support from Parliament for her appointment; _________________ 1 ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, p. 55 and 57.
Amendment 1 #
2020/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of the European Union Solidarity Fund (EUSF) in providing financial assistance to Member States and regions hit by natural disasters; takes note of the recent revisions made to the instrument; welcomes the recent extension of the EUSF’s scope to major public health emergencies; recalls the increases made to the advance payments of the EUSF, which increased the value of advance payments from 10 % to 25 % of the anticipated financial contribution and the upper limit from EUR 30 million to EUR 100 million;
Amendment 5 #
2020/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the number and severity of emergencies is unpredictable; remains concerned about the EUSF’s annual ceiling for the period 2021-2027; regrets that, due to budgetary constraints, countries applying for support as a result of the COVID-19 pandemic in 2020 will receive under 50 % of the potential aid amountcalls that, for the budgetary period of 2021-2027, the EUSF was merged with the Emergency Aid Reserve in the Solidarity and Emergency Aid Reserve (SEAR), with a maximum annual ceiling of EUR 1,2 billion; notes that, due to budgetary constraints, countries applying for support as a result of the COVID-19 pandemic in 2020 will receive under 50 % of the potential aid amount; considers it necessary to monitor the management of SEAR in order to see whether the funding amount and allocation key provided have an effect on the effectiveness of the EUSF, in view of the extension of its scope and the scale;
Amendment 8 #
2020/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. SNotes that on average, the time taken to deploy the full grant on the ground is about 1 year; stresses the need for rapid mobilisation of the EUSF; recalls that the effects of disasters and emergencies are often difficult to gauge; calls, therefore, for timely and flexible assessment of eligible expenditure, in line with the principles of sound financial management, as well as hands-on support to Member States, in particular for damage estimation; highlights that effective implementation of the EUSF grant is contingent upon effective governance structures and institutional coordination in the affected Member State; calls on the Commission to ensure the dissemination of good practices with regard to governance and the use of institutional coordination structures in disaster situations;
Amendment 14 #
2020/2127(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the curative nature of the EUSF, and therefore the need for effective synergies with other Union policies and programmes, in particular with the European Structural and Investment Funds, the European Green Deal and those supporting disaster prevention and risk management; calls for a revision of the EUSF to ensure that ‘build back better’ is incentivised;
Amendment 17 #
2020/2127(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the lack of visibility of the EUSF, which means the role of the Union is not always clearly demonstrated; regrets that the EUSF Regulation contains neither an obligation to publicise EUSF support nor any reporting requirement on this.; highlights that good practices have been identified in affected Member States for communicating about EUSF support, such as the use of flags and EU logos; calls on the Member States to publicise the EUSF financial assistance and to signal the works and services that will be financed by the EUSF;
Amendment 3 #
2020/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes, while acknowledging that the EUSF is not an instrument for rapid intervention in disaster situations, that aid disbursement has speeded up since the 2014 reform; requests, nevertheless, that the Commission provide technical assistance to the national authorities in the application process, ensure that the assessment of applications is done in a timely manner and accelerate payments;
Amendment 7 #
2020/2087(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s proposal of 27 May 2020 to increase the maximum annual amount of the EUSF under the next long-term budget to EUR 1 billion (at 2018 prices), which has been Parliament’s position from the outset; questions, however, whether this amount will be sufficient to cover all of the eligible applications in 2020, taking into account the Fund’s widened scope and the rapid evolution of climate change, which makes natural disasters more frequent and unpredictable;
Amendment 12 #
2020/2087(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes the significant potential synergies between the EUSF and other Union funds and policies; asks that these synergies are used to their full extent;
Amendment 20 #
2020/2087(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Calls on the Commission to step up communication efforts to improve the public awareness of the interventions done with the financing under the EUSF;
Amendment 21 #
2020/2087(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Stresses that the awarding, management and implementation of the EUSF grants should be as transparent as possible, and that the grants need to be used in line with the principles of sound financial management.
Amendment 11 #
2020/2072(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the United Nations Convention against Corruption;
Amendment 12 #
2020/2072(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
Amendment 56 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas those values are based on objective criteria;
Amendment 61 #
2020/2072(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the rule of law has been proclaimed as a basic principle at universal level by the United Nations;
Amendment 79 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU without proper response and consequences on European level weaken the cohesion of the European project, the rights of all Union citizens and mutual trust among the Member States;
Amendment 96 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities; whereas therefore an adequate European funding is necessary to the civil society particularly through the Citizens, Equality, Rights and Values programme;
Amendment 115 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust, comprehensive and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all itsEuropean citizens effectively; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 125 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and, the economic recession, and malicious interference, disinformation and diminishing media pluralism as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s political and legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 130 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognisealls that so far the Union remainsand its institutions have been structurally ill- equipped to tackle democratic and rule of law backsliding in the Member States; regrets that the Commission did not consider it necessary to open Article 7 TEU procedures in the case of Hungary despite the emerging signs since 2010; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures regarding Poland and Hungary; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 149 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; welcomes that besides the rule of law, corruption and media freedom is part of the annual assessment; notes, however, that it fails to encompass the most of the areas of democracy and fundamental rights; particularly regrets that the freedom of association and the shrinking space of civil society is not incorporated in the procedure; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 166 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States, contain country- specific recommendations, with clear timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be targeted and concrete, and linked to concrete Union enforcement measures;
Amendment 191 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; reiterates its call on the Commission to provide an adequate European funding to the civil society, particularly though the Citizens, Equality, Rights and Values programme;
Amendment 207 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require deepening the European integration and a Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 1 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that a carbon border taxadjustment mechanism has long been a candidate for a genuine and green source of own revenue for the EU budget and was among the ‘basket’ of preferred options for new own resources taken up in Parliament’s legislative resolution of 16 September1 ; _________________ 1Texts adopted, P9_TA- PROV(2020)0220.
Amendment 50 #
2020/2022(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a pure self-regulatory approach of platforms doesmay not provide adequate transparency to public authorities, civil society and users on how platforms address illegal and harmful content; whereas such an approach doesmay not guarantee compliance with fundamental rights;
Amendment 74 #
2020/2022(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that the reform of the current liability regime for digital service providers must be proportionate, must not disadvantage small and medium sized companies, and must not limit innovation, access to information, and freedom of expression.
Amendment 83 #
2020/2022(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that illegal content online should be tackled with the same rigour and based on the same legal principles as illegal content offline;
Amendment 86 #
2020/2022(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is convinced that it is solely the task of democratically accountable competent public authorities to decide on the legality of content online.
Amendment 88 #
2020/2022(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that digital service providers must only be mandated to take their users’ content offline based on sufficiently substantiated orders by democratically accountable competent public authorities.
Amendment 98 #
2020/2022(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is convinced that digital service providers must not retain data for law enforcement purposes unless a targeted retention of an individual user’s data is directly ordered by a democratically accountable competent public authority in line with Union law.
Amendment 100 #
2020/2022(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Requests that digital services should to the maximum extent possible be accessible without the need for users to reveal their identity.
Amendment 102 #
2020/2022(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reiterates that digital service providers must respect and enable their users’ right to data portability as laid down in Union law.
Amendment 110 #
2020/2022(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on digital service providers to take content offline in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights of the users and to take into account the fundamental importance of the freedom of expression and information in an open and democratic society with a view to avoiding the removal of content, which is not illegal. Requests digital service providers, which on their own initiative want to restrict certain legal content of their users, to explore the possibility of labelling rather than taking offline that content, giving users the chance to self- responsibly choose to access that content.
Amendment 131 #
2020/2022(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is convinced that digital service providers must not be mandated to apply one Member State’s national restrictions on freedom of speech in another Member State where that restriction does not exist.
Amendment 150 #
2020/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to remove illegal content in line with European values and law; firmly believes that this should be harmonised within the digital single market;
Amendment 151 #
2020/2022(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes, in this regard, that online platforms that are actively hosting or moderating content should bear more, yet proportionate, responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements;
Amendment 156 #
2020/2022(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that public authorities must not impose any obligation on digital service providers, neither de jure nor de facto, to monitor the information which they transmit or store, nor a general obligation to seek, moderate or filter content indicating illegal activity.
Amendment 157 #
2020/2022(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Is convinced that digital service providers must not be required to prevent the upload of illegal content. Believes at the same time, where technologically feasible, based on sufficiently substantiated orders by democratically accountable competent public authorities, and taking full account of the specific context of the content, that digital service providers may be required to execute periodic searches for distinct pieces of content, which, in line with the ECJ Judgment in Case C-18/18, are identical or equivalent to content that a court had already declared unlawful, and to take that content offline.
Amendment 163 #
2020/2022(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proacExpects digital service providers to establish fair and transparent notivce measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility tochanisms, which empower users to notify the relevant democratically accountable competent public authorities of potentially illegal content. Highlights that this should avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
Amendment 170 #
2020/2022(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for appropriate safeguards and due process obligations, including human oversight and verification, in addition to counter notice procedures, to ensure that removal or blocking decisionsdecisions to take content offline are accurate, well- founded and respect fundamental rights; recalls that the possibility of judicial redress should be made available to satisfy the right to effective remedy, believes that all decisions to take users’ content offline must be subject to human oversight and verification;
Amendment 179 #
2020/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimateawful orders;
Amendment 182 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Requires digital service providers that become aware of alleged illegal content of their users to notify the competent public authorities without undue delay.
Amendment 184 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Requests Member States and digital service providers to put in place transparent, effective, fair, and expeditious complaint and redress mechanisms to allow users to challenge the taking offline of their content.
Amendment 185 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
Amendment 186 #
2020/2022(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Believes that neither infrastructure service providers, payment providers, and other companies offering services to digital service providers, nor digital service providers with a direct relationship with the user must be held liable for the content a user on his own initiative uploads or downloads. Believes at the same time that digital service providers, which have a direct relationship with the user who uploaded the illegal content and which have the ability to take distinct pieces of the user’s content offline, must be held liable for failing to expeditiously respond to sufficiently substantiated orders by democratically accountable competent public authorities to take the illegal content offline.
Amendment 200 #
2020/2022(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that certain types of legal, yet potentially harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of potentially harmful content are limited to the absolute necessaryavoided;
Amendment 207 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on digital service providers to take the necessary measures to identify and label content uploaded by social bots.
Amendment 231 #
2020/2022(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the creation of an independent EU body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful; Calls on the Commission to set up, similarly to the European system of financial supervision (ESFS), a European system of digital services' supervision and to task existing EU agencies and competent national supervisory authorities to audit digital service providers’ internal policies and algorithms with due regard to Union law and in all circumstances to the fundamental rights of the services’ users, taking into account the fundamental importance of non-discrimination and the freedom of expression and information in an open and democratic society, and without publishing commercially sensitive data. Requests that this European system of digital services' supervision ensures that the rules applicable to digital service providers are adequately implemented and enforced across Member States in order to provide protection for the services’ users and to facilitate a European digital single market.
Amendment 260 #
2020/2022(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Requests that digital services providers to the maximum extent possible give their users the possibility to choose which content they want to be presented and in which order.
Amendment 264 #
2020/2022(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Requests, based on the principles above, that the Digital Services Act harmonises and replaces the liability measures laid down in the Digital Single Market Copyright Directive, the Audiovisual Media Services Directive and the Terrorist Content Online Regulation.
Amendment 1 #
2020/2018(INL)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that the reform ofthe current liability regime for digital service providers must be proportionate, must not disadvantage small and medium sized companies, and must not limit innovation, access to information, and freedom of expression;
Amendment 29 #
2020/2018(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is convinced that digital service providers must not retain data for law enforcement purposes unless a targeted retention of an individual user’s data is directly ordered by a democratically accountable competent public authority in line with Union law.
Amendment 35 #
2020/2018(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Requests that digital services should to the maximum extent possible be accessible without the need for users to reveal their identity;
Amendment 36 #
2020/2018(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Reiterates that digital service providers must respect and enable their users’ right to data portability as laid down in Union law;
Amendment 46 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. RIs against any kind of general Internet sign-in system; recommends Commission to work on harmonising the national personal identification sign-ins with a view to creating a single Union sign-in system in order to ensure the protection of personal data and age verification, especially for children, for digital services, which require personal identification or age verification;
Amendment 57 #
2020/2018(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Favours an opt-in over an opt-out system for targeted advertising;
Amendment 61 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the potential negative impact of micro-targeted advertising and of assessment of individuals without their consent, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; calls therefore on the Commission to introduce a limitation on micro-targeted advertisements without consent, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.
Amendment 64 #
2020/2018(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to set up, similarly to the European system of financial supervision (ESFS), a European system of digital services' supervision and to task existing EU agencies and competent national supervisory authorities to audit digital service providers’ internal policies and algorithms with due regard to Union law and in all circumstances to the fundamental rights of the services’ users, taking into account the fundamental importance of non-discrimination and the freedom of expression and information in an open and democratic society, and without publishing commercially sensitive data; requests that this European system of digital services' supervision ensures that the rules applicable to digital service providers are adequately implemented and enforced across Member States in order to provide protection for the services’ users and to facilitate a European digital single market.
Amendment 76 #
2020/2018(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Is convinced that it is solely the task of democratically accountable competent public authorities to decide on the legality of content online.
Amendment 80 #
2020/2018(INL)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses that digital service providers must only be mandated to take their users’ content offline based on sufficiently substantiated orders by democratically accountable competent public authorities.
Amendment 81 #
2020/2018(INL)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls on digital service providers to take content offline in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights of the users and to take into account the fundamental importance of the freedom of expression and information in an open and democratic society with a view to avoiding the removal of content, which is not illegal; requests digital service providers, which on their own initiative want to restrict certain legal content of their users, to explore the possibility of labelling rather than taking offline that content, giving users the chance to self- responsibly choose to access that content.
Amendment 84 #
2020/2018(INL)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Expects digital service providers to establish fair and transparent notice mechanisms, which empower users to notify the relevant democratically accountable competent public authorities of potentially illegal content.
Amendment 85 #
2020/2018(INL)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Requires digital service providers that become aware of alleged illegal content of their users to notify the competent public authorities without undue delay.
Amendment 86 #
2020/2018(INL)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Requests Member States and digital service providers to put in place transparent, effective, fair, and expeditious complaint and redress mechanisms to allow users to challenge the taking offline of their content.
Amendment 87 #
2020/2018(INL)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Requests Member States to improve access to and the efficiency of their justice and law enforcement systems in relation to determining the illegality of online content and in relation to dispute resolution concerning the taking offline of content, and to consider to this end the establishment of specialised courts and law enforcement units within their national judicial and law enforcement systems.
Amendment 88 #
2020/2018(INL)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Believes that neither infrastructure service providers, payment providers, and other companies offering services to digital service providers, nor digital service providers with a direct relationship with the user must be held liable for the content a user on his own initiative uploads or downloads; believes at the same time that digital service providers, which have a direct relationship with the user who uploaded the illegal content and which have the ability to take distinct pieces of the user’s content offline, must be held liable for failing to expeditiously respond to sufficiently substantiated orders by democratically accountable competent public authorities to take the illegal content offline.
Amendment 89 #
2020/2018(INL)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Stresses that public authorities must not impose any obligation on digital service providers, neither de jure nor de facto, to monitor the information which they transmit or store, nor a general obligation to seek, moderate or filter content indicating illegal activity.
Amendment 90 #
2020/2018(INL)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Is convinced that digital service providers must not be required to prevent the upload of illegal content; believes at the same time, where technologically feasible, based on sufficiently substantiated orders by democratically accountable competent public authorities, and taking full account of the specific context of the content, that digital service providers may be required to execute periodic searches for distinct pieces of content, which, in line with the ECJ Judgment in Case C-18/18, are identical or equivalent to content that a court had already declared unlawful, and to take that content offline.
Amendment 91 #
2020/2018(INL)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5 l. Believes that all decisions to take users’ content offline must be subject to human oversight and verification.
Amendment 92 #
2020/2018(INL)
Draft opinion
Paragraph 5 m (new)
Paragraph 5 m (new)
Amendment 93 #
2020/2018(INL)
Draft opinion
Paragraph 5 n (new)
Paragraph 5 n (new)
5 n. Calls on digital service providers to take the necessary measures to identify and label content uploaded by social bots.
Amendment 94 #
2020/2018(INL)
Draft opinion
Paragraph 5 o (new)
Paragraph 5 o (new)
5 o. Requests that digital services providers to the maximum extent possible give their users the possibility to choose which content they want to be presented and in which order.
Amendment 95 #
2020/2018(INL)
Draft opinion
Paragraph 5 p (new)
Paragraph 5 p (new)
5 p. Requests, based on the principles above, that the Digital Services Act harmonises and replaces the liability measures laid down in the Digital Single Market Copyright Directive, the Audiovisual Media Services Directive and the Terrorist Content Online Regulation.
Amendment 14 #
2020/2011(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the General Policy Recommendation No. 13 of the European Commission Against Racism and Intolerance (ECRI);
Amendment 27 #
2020/2011(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas most people with Romani background are deprived of their fundamental human rights in all areas of life;
Amendment 51 #
2020/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas deeply rooted, persistent, and structural antyd often institutional and governmental anti-gypsyism continues to exist at all levels of European society and manifests itself on a daily basis;
Amendment 53 #
2020/2011(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas anti-gypsyism has resulted in unacceptable levels of inequality for people with Romani background in the field of housing, schooling, health status, and their social and labour-market situation, which often perpetuate their exclusion and racism against them, and whereas EU Member States do not show determination to break the vicious circle of anti-gypsyism, to safeguard equality and non- discrimination for their citizens with Romani background, and to grant the full enjoyment of their fundamental human rights;
Amendment 86 #
2020/2011(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a Directivepost-2020 EU Strategic Framework for the Equality and Inclusion of People with Romani Background, developed on the basis of more realistic quantitative and qualitative data, a legislative act with a binding character on the European Union and its Member States, is needed and must be proposed by the Commission;
Amendment 103 #
2020/2011(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the equal participation of local and, regional, national and European stakeholders (NGOs, activists, experts, community members, etc.) must be significantly involved in the development, implementation and monitoring of public policies towards people with Romani background, in the post-2020 context;
Amendment 115 #
2020/2011(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under COVID-19 lockdowns, the situation of marginalised communities of people of Romani background in overcrowded compounds and settlements is very difficult; whereas people of Romani background do not have access to adequate healthcare, sanitation and food, and are particularly at risk of contracting COVID-19 or of suffering negative economic and societal consequences of the COVID-19 crisis; whereas the Member States must deliver emergency support and medical care in order to limit the spread of the virus; whereas racism, exclusion and discrimination against people of Romani background should be urgently addressed by the Union and its Member States;
Amendment 122 #
2020/2011(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas anti-gypsyist attitudes have been exacerbated during the Covid- 19 pandemic with Romani people being singled out for spreading the virus; whereas there is a critical role of media in decreasing anti-gypsyist attitudes through non-discriminatory coverage of minorities;
Amendment 124 #
2020/2011(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the European Commission’s 2019 report on the implementation of national Roma integration strategies recognises that success factors encompass intersectional, cross-sectoral and integrated approaches to tackle multiple discrimination and multi-dimensional exclusion; whereas the report mentions amongst the priorities the need to support Roma access to justice with a focus on victims of multiple discrimination (women, LGBTI, non- citizen Roma), and reinforcing the capacity of equality bodies to deal with discrimination against Roma;
Amendment 126 #
2020/2011(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas expert reports on the EU Framework for National Roma Integration Strategies recognise that Roma LGBTI face a range of facets of discrimination: first as people with Romani background, secondly as LGBTI, thirdly as LGBTI persons in Roma communities; whereas some LGBTI people with Romani background may resort to suppressing aspects of their identity as a result;
Amendment 129 #
2020/2011(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Considers that people with Romani background belong to one of the minority groups in Europe that face deprivation of their fundamental human rights, they are subject to anti-gypsyism, a specific form of racism and the highest rates of poverty and social exclusion; notes with regret that despite economic prosperity in the EU and despite the EU Framework for National Roma Integration Strategies and the Cohesion Funds measures introduced in the last decade, the overall situation of the people with Romani background in the EU has stagnated; stresses that progress in the area of education and healthcare has been very limited and in some fields even regressed often due to the lack of political will; therefore calls on the Commission to lead by example and introduce a “Roma mainstreaming policy” in order to integrate the perspective of the people with Romani background at all stages and levels of mainstream policies, programmes and projects particularly the Recovery Plan, the new Multiannual Financial Framework for 2021-2027, the European Green Deal, the new Common Agricultural Policy, the Just Transition Fund, the New Skills Agenda for Europe, the European Digital Strategy, the SME Strategy for a sustainable and digital Europe, and to prevent discrimination at policy areas in the EU policy in general and facilitate affirmative action and active outreach to people with Romani background; calls on the Member States also to follow this path and create policies which help the active inclusion of people with Romani background into our societies;
Amendment 134 #
2020/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Commission must developshould develop - on the basis of systemic consultations with (pro-) Romani experts and NGOs and the Council of Europe - a proposal for a post- 2020 directiveEU Strategic Framework for equality and inclusion of people with Romani background in Europe putting the fight against poverty and antigypsyism; is of the opinion that this proposal should contain a legislative measure based on Article19 (2) of the Treaty of the Functioning of the EU as appropriate action to combat discrimination based on ethnic origin and could further develop the prohibition of indirect discrimination and permissibility of positive action with a view to ensuring full equality of people with Romani background in practice; stresses that this Strategic Framework should be putting the fight anti-gypsyism and social exclusion at the forefront; stresses that the new proposal must include clear, realistic and binding objectives, measures and targets for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for its implementation; emphasises the need for a robust monitoring and oversight mechanism to ensure effective implementation and appropriate use of fundsand sanctioning mechanism on European level with the involvement of the Fundamental Rights Agency, the EQUINET, watchdog organisations and other stakeholders from the civil society to ensure effective implementation and appropriate use of funds and to prevent corruption and the misuse of EU funds; is of the opinion that funds are often most effectively spent at local level by local governments and NGOs, therefore calls on the Commission to increase the funds distributed directly to them; notes that equal participation in all domains of public life, political participation, and the language, arts, culture, history and environment of people with Romani background should be explicitly mentioned in the proposal for post-2020 EU public policy for people with Romani background, as additional measures to the four main priority areas of education, employment, housing and healthcare;
Amendment 141 #
2020/2011(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to ensure that the Recovery Plan and the new Multiannual Financial Framework for 2021-2027 EU is firmly linked to the post- 2020EU Framework for National Roma Inclusion Strategies, its binding targets and their execution by the National Roma Inclusion Strategies;
Amendment 145 #
2020/2011(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates its position and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism; since limited action has been taken so far, calls on the Commission to integrate those recommendations into its post-2020 EU Framework for National Roma Inclusion Strategies, particularly the recommendations relating to anti- gypsyism and truth and reconciliation as these are the cornerstone of building a strong and inclusive society;
Amendment 150 #
2020/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directiveStrategic Framework for the equality and inclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including concrete, specific, measurable, comparable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani background; and (iv) eliminating inequalities and discrimination and segregation, especially for children from their earliest years; and those with Romani background facing multiple discrimination, such as women and girls, LGBTI persons and people with disabilities;
Amendment 161 #
2020/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure the equal participation of Romani and pro- Romani civil society organisations, experts and community members from all levels, including those active at local and regional level, taking into account a gender perspective in both the policy debate and in decision-making; calls on the Member States to do the same when creating their own post-2020 National Inclusion Strategies for People with Romani Background;
Amendment 165 #
2020/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that often the best tool for empowering Roma to fully exercise their fundamental rights is through litigation; calls on the Commission to create a strategic litigation funds under the Rights and Values Programme and provide adequate funding for civil society and human rights defenders in order to achieve systemic change;
Amendment 167 #
2020/2011(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Strongly rejects the political narrative and populism to build government policy on inciting anti- gypsyism, exercising scapegoating of Roma and promoting discrimination or segregation both directly and indirectly; is of the opinion that such political actions are against not only the national constitutions but the fundamental values of the EU Treaties as well and the rights provided thereby; therefore calls on the Commission to take immediate action by opening infringement procedures and by addressing such issues in the annual report on the state of rule of law in the relevant Member States;
Amendment 172 #
2020/2011(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to tackle anti-gypsyism across the key areas of the proposal for the post-2020 directiveFramework;
Amendment 188 #
2020/2011(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is particularly concerned by the high level of segregation children with Romani background in schools and the discriminatory practice of placing children with a Romani background in schools for children with mental disabilities, which persist in some Member States; urges the Member States concerned to put an end to such practices in accordance with applicable anti- discrimination legislation; reminds that the Commission opened infringement procedures on segregation of children with Romani background in relation to 3 Member States; is of the opinion that the last years have shown no improvement despite the Commission's efforts; therefore calls on the Commission to take further steps and refer these cases to the European Court of Justice if necessary;
Amendment 192 #
2020/2011(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is of the opinion that COVID-19 extorted the active use of info communication techniques (ICT) and methods, however the pandemic revealed insufficient preparedness in digital transformation as families with Romani background and their schools were not equipped adequate ICT tools and skills and families with Romani background are often unable to afford electricity and digital connectedness, therefore they cannot effectively participate in distant learning educational as the majority population; considers that the possession of an ICT device is the turnkey point into digital education, therefore urges the Commission to create a pool ICT tools similarly to the RescEU or within the RescEU framework and distribute it among the most vulnerable families and children to provide them with the basic tools for distant learning and prepare them for the digital age; considers that access to internet and ICT skills are a cornerstone of the forthcoming digital age for every citizen and as such it is essential the empowerment of people with Romani background as well; therefore calls on the Commission to examine the possibility to introduce the right to internet access as a fundamental right within the EU and include it to the post-2020 Framework; calls on the Member States to add ICT skills into their curriculum from an early age;
Amendment 216 #
2020/2011(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to improve their data collection methods to provide reliable actual and comparable data as they support effective evidence- based policies and can contribute to improving the effectiveness of strategies, actions and measures taken, and to identifying structural problems;
Amendment 220 #
2020/2011(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Member States to guarantee the effective independence, the mandate and the necessary resources of the equality bodies for enabling them to carry out their tasks in the promotion of equal treatment and protection of fundamental rights also of people with Romani background; is of the opinion that equality bodies are the right institutions to collect data and draw trends on anti-gypsyism and to channel it to the European level;
Amendment 272 #
2020/2011(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Acknowledges that the path to successful inclusion of children with Romani background requires not only compulsory (high-quality and non- segregated) school education but also early childhood education and equal access to extracurricular activities; calls on the Commission and the Member States to ensure adequate funding to NGOs which provide such activities as these activities are crucial to create an environment and conditions where children from all backgrounds have equal opportunities; considers that the exchange of good practices between Member States is also crucial in this field;
Amendment 275 #
2020/2011(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Draws attention to discriminatory practices and cases of violence by the police against people with Romani background in Member States; calls on the Member States adopt Guidelines and develop trainings to the police forces against disproportionate criminalisation of people with Romani background, over- policing (ethnic profiling, excessive stop- and-search procedures, uncalled-for raids on Romani settlements, arbitrary seizure and destruction of property, excessive use of force during arrests, assaults, threats, humiliating treatment, physical abuse, and the denial of rights during police interrogation and custody) and in under- policing of crimes committed against people with Romani background, providing little or no assistance, protection (such as in cases of trafficking and for victims of domestic violence) or investigation in cases of crimes reported by people with Romani background (hate crimes in particular); calls on the Member States concerned to ensure that full investigation of such cases police and particularly where violence and brutality involved; calls on the Member States to provide appropriate remedies;
Amendment 80 #
2020/1998(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the crucial role of the Citizens, Equality, Rights and Values Programme to protect and promote the rights and values enshrined in the EU Treaties and the EU Charter of Fundamental Rights and insists that additional appropriations are required for each stand and notably for the Daphne strand to fight violence against women and for the Justice Programme to ensure that Union law is fully and consistently applied;
Amendment 168 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance wi, neither de jure nor de facto. A de facto obligation would occur if the non-implementation of a general or preventive monitoring infrastructure would be uneconomical, for instance due to the significant extra cost of alternative human oversight necessities or due to the the conditions established in this Regulationreat of significant damage payments. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 280 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
Amendment 299 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 306 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) does not have actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; or
Amendment 309 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal content.
Amendment 323 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation, neither de jure nor de facto, to monitor the information which providers of intermediary services transmit or store, nor actively to seekto seek or prevent facts or circumstances indicating illegal activity shall be imposed on those providers.
Amendment 326 #
2020/0361(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a No limitation of anonymity No general obligation to limit the anonymous or pseudonymous use of their services shall be imposed on providers of intermediary services.
Amendment 327 #
2020/0361(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7 b No limitation of encryption and security No general obligation to limit the level of their security and encryption measures shall be imposed on providers of intermediary services.
Amendment 328 #
2020/0361(COD)
Proposal for a regulation
Article 7 c (new)
Article 7 c (new)
Article 7 c No general and indiscriminate retention of data No general obligation to retain personal data of the recipients of their services shall be imposed on providers of intermediary services. Any obligation to retain data shall be limited to what is strictly necessary with respect to the categories of data to be retained, the means of communication affected, the persons concerned and the retention period adopted.
Amendment 335 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – introductory part
Article 8 – paragraph 2 – point a – introductory part
(a) the orders contains the following elements:
Amendment 397 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and, unambiguous, very easily comprehensible language and shall be publicly available in an easily accessible format.
Amendment 436 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their hosting service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively byon a case by case basis, exclusively by non-automated electronic means.
Amendment 437 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can unambiguously, without reasonable doubt, identify the manifest illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 444 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that are submitted by a competent judicial authority of the Member State where the hosting provider is established or its legal representative resides or is established and that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.
Amendment 460 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. The mechanism referred to in paragraph 1 shall be provided free of charge.Where notices are manifestly unfounded or excessive, in particular because of their repetitive character, the provider of hosting services may either: (a) charge a reasonable fee taking into account the administrative costs of processing the notices;or (b) refuse to act on the request. The provider of hosting services shall bear the burden of demonstrating the manifestly unfounded or excessive character of the notice.
Amendment 474 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means used in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 480 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2 and 4 shall not apply to providers of hosting services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 513 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 514 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision of the online platform before a court in accordance with the applicable law, as well as the right of the online platform concerned to redress against the decision of the out-of- court dispute settlement body before a court in accordance with the applicable law.
Amendment 559 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content through their hosting services.
Amendment 565 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shallmay suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 620 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter and always before launching new services, any significant systemic risks stemming from the design, functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 666 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 672 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparBefore adopting those guidelines the Commission shall organise public consultations and ask for the consent of the European Parliament.
Amendment 727 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed, unless that information concerns providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC;
Amendment 734 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only request, access, and use that data for those purposes.
Amendment 735 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 742 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 746 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 750 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 753 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – introductory part
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of following two reasons:
Amendment 792 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Member States shall designate the Digital Services Coordinators within two months from the date of entry into force of this Regulation. When a Member State is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union, the Commission shall confirm that the Digital Services Coordinator proposed by that Member State fulfils the requirements laid down in Article 39 before that Digital Services Coordinator can be designated.
Amendment 798 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, including, organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period, unless that information is known to be protected by immunities and privileges in accordance with the applicable law;
Amendment 801 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – introductory part
Article 41 – paragraph 3 – introductory part
3. Where needed for carrying out their tasks, Digital Services Coordinators shall also have, in respect of providers of intermediaryhosting services under the jurisdiction of their Member State, where all other powers pursuant to this Article to bring about the cessation of an infringement have been exhausted, the infringement persists and causes serious harm which cannot be avoided through the exercise of other powers available under Union or national law, the power to take the following measures:
Amendment 802 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – point b
Article 41 – paragraph 3 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a direct and imminent threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access to that infringement of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 819 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7 a (new)
Article 45 – paragraph 7 a (new)
Amendment 847 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission, acting either upon the Board’s recommendation or upon its own initiative after consulting the Boardrequest of at least three of the Digital Services Coordinators of destination, may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
Amendment 855 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission may by simple request or by decision require the very large online platforms concerned, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period., unless that information is known to be protected by immunities and privileges in accordance with the applicable law;
Amendment 104 #
2020/0359(COD)
Proposal for a directive
Recital 36
Recital 36
(36) The Union should, where appropriate, conclude international agreements, in accordance with Article 218 TFEU, with third countries or international organisations, allowing and organising their participation in some activities of the Cooperation Group and the CSIRTs network. Such agreements should ensure adequate protection of dataWhen personal data is transferred to a third country or international organisation, Chapter V of Regulation (EU) 2016/679 shall apply.
Amendment 105 #
2020/0359(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Member States should contribute to the establishment of the EU Cybersecurity Crisis Response Framework set out in Recommendation (EU) 2017/1584 through the existing cooperation networks, notably the Cyber Crisis Liaison Organisation Network (EU-CyCLONe), CSIRTs network and the Cooperation Group. EU- CyCLONe and the CSIRTs network should cooperate on the basis of procedural arrangements defining the modalities of that cooperation. The EU-CyCLONe’s rules of procedures should further specify the modalities through which the network should function, including but not limited to roles, cooperation modes, interactions with other relevant actors and templates for information sharing, as well as means of communication. For crisis management at Union level, relevant parties should rely on the Integrated Political Crisis Response (IPCR) arrangements. The Commission should use the ARGUS high-level cross- sectoral crisis coordination process for this purpose. If the crisis concerns two or more Member States and is, or may be, suspected to be of criminal nature, the activation of the EU Law Enforcement Emergency Response Protocol should be considered. If the crisis entails an important external or Common Security and Defence Policy (CSDP) dimension, the European External Action Service (EEAS) Crisis Response Mechanism (CRM) should be activated.
Amendment 117 #
2020/0359(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to safeguard the security of electronic communications networks and services, the use of encryption, and in particular end-to-end encryption, which is a critical and irreplaceable technology for effective data protection and privacy, should be promoted and, where necessary, should be mandatory for providers of such services and networks in accordance with the principles of security and privacy by default and by design for the purposes of Article 18. The use of end-to-end encryption should be reconciled with the Member State’ powers to ensure the protection of their essential security interests and public security, and to permit the investigation, detection and prosecution of criminal offences in compliance with Union law. Solutions for lawful access to information in end-to-end encrypted communications should maintain the effectiveness of encryption in protecting privacy and security of communications, while providing an effective response to crimeNothing in this Regulation should be viewed as an effort to weaken end-to-end encryption through "backdoors" or similar solutions.
Amendment 124 #
2020/0359(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Where it is suspected that an incident is related to serious criminal activities under Union or national law, Member States should encourage essential and important entities, on the basis of applicable criminal proceedings rules in compliance with Union law, toshould report incidents of a suspected serious criminal nature to the relevant law enforcement authorities. Where appropriate, and without prejudice to the personal data protection rules applying to Europol, it is desirable that coordination between competent authorities and law enforcement authorities of different Member States be facilitated by the EC3 and ENISA.
Amendment 134 #
2020/0359(COD)
Proposal for a directive
Recital 78 a (new)
Recital 78 a (new)
(78a) The European Commission should support Member States to design educational programmes on cybersecurity, to enable members of the management body of entities falling within the scope of this Directive to receive or recruit cybersecurity specialists and technicians in order to comply with the obligations arising from this Directive.
Amendment 138 #
2020/0359(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Protection and processing of personal data 1. Any processing of personal data in the Member States pursuant to this Directive shall be carried out in accordance with Regulation (EU) 2016/679and Directive 2002/58/EC.2. Any processing of personal data by the Commission and ENISA pursuant to this Directive shall be carried out in accordance with Regulation (EC) No 2018/1725.
Amendment 155 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
6 a. Before 31 December 2021, the Commission shall publish a legislative proposal to include Union institutions, offices, bodies and agencies (EUIs) in the overall EU-wide cybersecurity framework, with a view to achieving a uniform level of protection through consistent and homogeneous rules.
Amendment 174 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) a policy on education to develop training programmes on cybersecurity to provide entities with specialists and technicians;
Amendment 190 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The Cooperation Group shall be composed of representatives of Member States, the Commission and ENISA. The European External Action Service and the European Cybercrime Centre at Europol shall participate in the activities of the Cooperation Group as an observer. The European Supervisory Authorities (ESAs) in accordance with Article 17(5)(c) of Regulation (EU) XXXX/XXXX [the DORA Regulation] may participate in the activities of the Cooperation Group.
Amendment 191 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The Cooperation Group shall be composed of representatives of Member States, the Commission and, ENISA and the EDPB. The European External Action Service shall participate in the activities of the Cooperation Group as an observer. The European Supervisory Authorities (ESAs) in accordance with Article 17(5)(c) of Regulation (EU) XXXX/XXXX [the DORA Regulation] may participate in the activities of the Cooperation Group.
Amendment 194 #
2020/0359(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The CSIRTs network shall be composed of representatives of the Member States’ CSIRTs and CERT–EU. The Commission and the European Cybercrime Centre at Europol shall participate in the CSIRTs network as an observer. ENISA shall provide the secretariat and shall actively support cooperation among the CSIRTs.
Amendment 197 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. EU-CyCLONe shall cooperate with the CSIRTs network on the basis of agreed procedural arrangements, and with law enforcement in the framework of the EU Law Enforcement Emergency Response Protocol.
Amendment 203 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the cybersecurity of network and information systems which those entities use in the provision of their servicesused for the provision of their services, and in view of assuring continuity of these services and to manage the risks posed to the rights of individuals when their personal data are processed. Having regard to the state of the art, those measures shall ensure a level of cybersecurity of network and information systems appropriate to the risk presented.
Amendment 209 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group, The European Data Protection Board and ENISA, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
Amendment 212 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services, and to the competent law enforcement authorities if the incident is of a suspected or known malicious nature. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident.
Amendment 217 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Where appropriate, and in particular where the incident referred to in paragraph 1 concerns two or more Member States, the competent authority or the CSIRT shall inform the other affected Member States and ENISA of the incident. If the incident concerns two or more Member States and is, or may be, suspected to be of criminal nature, the competent authority or the CSIRT shall inform EUROPOL. In so doing, the competent authorities, CSIRTs and single points of contact shall, in accordance with Union law or national legislation that complies with Union law, preserve the entity’s security and commercial interests as well as the confidentiality of the information provided.
Amendment 222 #
2020/0359(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. ENISA, after having consulted the EDPB, in collaboration with Member States, shall draw up advice and guidelines regarding the technical areas to be considered in relation to paragraph 1 as well as regarding already existing standards, including Member States' national standards, which would allow for those areas to be covered.
Amendment 227 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD provide access to specific domain name registration data upon lawful and duly justified requests of legitimate access seekerspublic authorities, including competent authorities under this Directive or supervisory authorities under Regulation(EU) 2016/679, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delay to all lawful and duly notified requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.
Amendment 240 #
2020/0359(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where the competent authorities have indications that the infringement by an essential or important entity of the obligations laid down in Articles 18 and 20 entails a personal data breach, as defined by Article 4(12) of Regulation (EU) 2016/679 which shall be notified pursuant to Article 33 of that Regulation, they shall inform the supervisory authorities competent pursuant to Articles 55 and 56 of that Regulation within a reasonable period of timeout undue delay.
Amendment 244 #
2020/0359(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
The Commission shall periodically review the functioning of this Directive every 3 years, and report to the European Parliament and to the Council. The report shall in particular assess to what extent the Directive has contributed to achieve the highest level of security and integrity of networks and information, while giving an optimal protection to private life and personal data, and the relevance of sectors, subsectors, size and type of entities referred to in Annexes I and II for the functioning of the economy and society in relation to cybersecurity. For this purpose and with a view to further advancing the strategic and operational cooperation, the Commission shall take into account the reports of the Cooperation Group and the CSIRTs network on the experience gained at a strategic and operational level. The first report shall be submitted by… [54 months after the date of entry into force of this Directive].
Amendment 30 #
2020/0349(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of its objectives and tasks. The financial contributions that Europol can receive from the Member States or the third States should appear in the Europol budget as external assigned revenue and should be included in the annual accounts and in the annual report on the budgetary and financial management of Europol.
Amendment 33 #
2020/0349(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) It is necessary to provide Europol with additional human and financial resources so that it can carry out the tasks entrusted to it under this Regulation.
Amendment 41 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 2016/794
Article 57 - paragraph 4
Article 57 - paragraph 4
4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s objectives and tasks. The amount of the contribution shall be determined in the respective agreement.; Such contributions shall be included in the annual accounts of Europol and clearly detailed in the annual report on the budgetary and financial management referred to in paragraph 2 of Article 60.
Amendment 409 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out byby promoting access to collective agreementsbargaining or in the form of a statutory minimum wage in Member States where it exists.
Amendment 413 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 445 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
Amendment 455 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 573 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 863 #
2020/0310(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
Amendment 880 #
2020/0310(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.provided for in existing national law or collective agreements relating to minimum wage protection
Amendment 902 #
2020/0310(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
Non-regression, derogation and more favourable provisions
Amendment 907 #
2020/0310(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
Amendment 204 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legallyand the respect of their human rights in Member States and the prevention of, and enhanced measures to combat, illegalrregular migration and, migrant smuggling and human trafficking.
Amendment 206 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legally in Member State, upholding human rights and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
Amendment 272 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above compulsory removal. Returns of unaccompanied children may only take place when it is in their best interest and should not involve the use of force or physical restraints or other forms of coercion against them.
Amendment 286 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country, human rights and the third countries ownership of their development priorities. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
Amendment 395 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the number of asylum applicants, countries of origin, vulnerabilities of asylum applicants and migrants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.
Amendment 416 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 417 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. Unaccompanied minors should be exempt from return sponsorships unless it is in their best interests. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 476 #
2020/0279(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non- refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all respectings long as they respect human rights, particularly the rights of the child and the principle of non- refoulement, are considered as safe countries for third- country nationals.
Amendment 538 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background, and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
Amendment 579 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be if this is in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.
Amendment 704 #
2020/0279(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health and vulnerabilities certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
Amendment 1032 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protection procedures as well as national protection procedures if those provide better protection, grant such protection to those who are in need and ensure the return of those who are illegalrregularly staying;
Amendment 1048 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
Amendment 1055 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.
Amendment 1153 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. These measures shall never be in contradiction with EU values or principles. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
Amendment 1155 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Measures undertaken should always respect human rights, in particular the rights of the child.
Amendment 1167 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.
Amendment 1171 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. All relations and cooperation with third countries referred to in this Article shall take place under formal EU international agreements; informal arrangements shall be avoided.
Amendment 1340 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, both in written and oral form.
Amendment 1397 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 1431 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) The right to family life, including family reunification possibilities;
Amendment 1438 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background, while having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
Amendment 1448 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
Amendment 1507 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
Amendment 1510 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is notif this is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 1521 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered is present, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 1561 #
2020/0279(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
Amendment 1799 #
2020/0279(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not been already communicated.
Amendment 1860 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The responsible authorities shall explore alternatives to detention, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non- custodial community-based placements while their immigration status is being resolved. Unaccompanied minors shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
Amendment 1956 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1959 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
Amendment 2406 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.
Amendment 152 #
2020/0278(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons, goods and services is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.
Amendment 158 #
2020/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoiddo not undergo border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third- country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
Amendment 165 #
2020/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection oras laid down in Regulation (EU) XXX/202X (Asylum Procedure Regulation), procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 or a refusal of entry in accordance with Regulation (EU) 2016/399 without prejudice to the Members States' discretion in accordance with Article 6(5) of Regulation (EU) 2016/399. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 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 171 #
2020/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combatreduce illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.
Amendment 183 #
2020/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 189 #
2020/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swift and better handling of third-country nationals who try to avoiddid not undergo border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public healthsafeguarding of fundamental rights, the protection of public health, the management of vulnerable cases, the examination of the need for international protection and the application of return procedures.
Amendment 199 #
2020/0278(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be immediately followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that vulnerable persons and persons with specialfic needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 208 #
2020/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territoryany location within the territory of the Member State, including at locations situated at or in proximity to the external border, provided that the relevant provisions laid out in Directive (EU) XXX/XXX [Reception Conditions Directive recast] can be applied. The Member States should apply measures pursuant to Unational law to prevent the persons concerned from entering the territory during the screening. In individual cases, where requiraccordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed, this may include detention, subject to the national law regulating that matter. at applicant’s case and effectively considered alternatives to detention or less coercive measures. Deprivation of liberty should always be a measure of last resort and in accordance with Article 5 of the European Convention on Human Rights (ECHR).
Amendment 231 #
2020/0278(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), or be refused entry in accordance with Regulation (EU) 2016/399 without prejudice to Article 6(5) of Regulation(EU) 2016/399 as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants for international protection to whom Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive recast] apply.
Amendment 236 #
2020/0278(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The screening could also be followed by relocation, including under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].
Amendment 238 #
2020/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 244 #
2020/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].
Amendment 250 #
2020/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Member States should determine appropriate locations for the screening, including at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The tasks relaMember States shall guarantede tohat the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliamentrelevant reception conditions established by Directive (EU)XXX/XXX [Reception Conditions Directive recast] apply during the screening. Children, families and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1r vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.
Amendment 256 #
2020/0278(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessaryn dealing with minors or person claiming to be minors to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti- trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 . _________________ 24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.
Amendment 259 #
2020/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to the best interests of the chil or gender identity. The best interests of the child should always be the primary consideration in any decision affecting children. Since the administrative detention of children for migration purposes is never in the best interests of the child, unaccompanied children and children with families shall never be detained.
Amendment 271 #
2020/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State shouldall establish a monitoring mechanism andduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. It shall put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regardingand effectiveness thereof, launch investigations where necessary and draw up disciplinary and dissuasive measures. The monitoring mechanism should cover in particular the respect for fundamental rights including the use of detention and compliance with the principle of non- refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency shouldall establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States shouldall furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite rRelevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate wadependently.
Amendment 278 #
2020/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection, to the authorities competent for return or to the authorities competent for returnfusal of entry – depending on whom the individual is referred to. In the former case, the authorities resThis should be without prejudice to the ponssible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of theility of Member States to authorise third country nationals to enter and or remain on the territory for other grounds under national, Union or international law. Member States shall ensure that all third- country national concerned to an accelerated examination procedure or to the border procedures subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.
Amendment 282 #
2020/0278(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Member States should ensure that the procedure of the de-briefing is accompanied by formal procedural safeguards. All third country nationals should have the possibility to challenge the information recorded in the de- briefing form and have access to an effective legal remedy regarding the outcome of the screening.
Amendment 289 #
2020/0278(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the qualified health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
Amendment 291 #
2020/0278(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Third country nationals submitted to the screening shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of point 13 of Article 2(1) of Directive (EU) XXX/XXX [Reception Conditions Directive]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive.
Amendment 297 #
2020/0278(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) During the screening, all persons concerned shouldall be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minorsthe same reception conditions apply during the screening as those established by Directive XXX/XXX/EU [Reception Conditions Directive recast] , including access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as listed in Article 20 of Directive(EU) XXX/XXX (Reception Conditions Directive). In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
Amendment 306 #
2020/0278(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for no longer than strictly necessary for the purposes of the underlying systems and shouldall automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
Amendment 312 #
2020/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases, albeit in full compliance with GDPR.
Amendment 318 #
2020/0278(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are specialextraordinary circumstances duly justifying such repetition.
Amendment 321 #
2020/0278(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) 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 Council26 . For the adoption of relevant implementing acts, the examination procedure should be used. _________________ 26 Reg in respect of: - the procedure and specifications for retrieving data, processing and using data according to Article 11(5), - the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security according to Articles 12(5). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultation (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 thes be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 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 State' experts, and their experts systematically have access to meetings of Commission's expercise of implementing power (OJ L 55, 28.2.2011, p. 13)t groups dealing with the preparation of delegated acts.
Amendment 323 #
2020/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.
Amendment 339 #
2020/0278(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law and GDPR. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.
Amendment 342 #
2020/0278(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
Amendment 348 #
2020/0278(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security. As this cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 365 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security.
Amendment 373 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail preliminary health checks, where appropriate, to identify persons vulnerable and those with specific reception or procedural needs, and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 376 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 389 #
2020/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
Amendment 393 #
2020/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
5 b. ‘unaccompanied minor’ means a minor who arrives on the territory of the Member State unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of a Member State, as defined in the Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 394 #
2020/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
5 c. ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interest of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX (Asylum Procedures Regulation);
Amendment 401 #
Amendment 429 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State. However, those persons should always be granted the right to remain on the territory of a Member State during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with Article 31 of the Geneva Convention (1951).
Amendment 431 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 441 #
2020/0278(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 449 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at a locations situated at or in proximity to the external border within the territory of the Member State, including situated at or in proximity to the external borders, provided that the relevant provisions laid down in Articles 5, 6, 6a, 7, 8, 9, 10, 11, 12, 16, 17, 18, 20, 21, 22, 23, 24 of Directive XXX/XXX/EU [Reception Conditions Directive recast] can be applied in these locations. Particular attention shall be paid to specific procedural and reception needs, in line with the Article 20 of that directive. Facilities used for the purposes of screening shall be entirely funded from the Union budget. This shall include the construction, running and renovation of current and future facilities.
Amendment 457 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 460 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 days.
Amendment 470 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 475 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 479 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) identification as referred to in Article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless, this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;
Amendment 480 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b a (new)
Article 6 – paragraph 6 – point b a (new)
(b a) a preliminary vulnerability check as referred to in Article 9a;
Amendment 487 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point f
Article 6 – paragraph 6 – point f
(f) referral to the appropriate procedure or refusal of entry as referred to in Article 14.
Amendment 489 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 – introductory part
Article 6 – paragraph 7 – introductory part
7. Member States shall designate qualified and competent border authorities to carry out the screening, including asylum authorities and border police, to carry out the identification and security checks and shall ensure that the staff of those competent authorities have received the appropriate training in accordance with Article 18 of Regulation (EU) XXX/XXX [EU Asylum Agency]. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way and within the foreseen timeframe.
Amendment 492 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified and appropriately trained medical staff to carry out the health check provided for in Article 9. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate as well as qualified and appropriately trained staff to carry out the vulnerability check provided for in Article 9a. In cases of scarce ressources, national authorities can apply for financial support from the EU budget. Each Member State shall notify the Commission of the authorities listed above. Member States shall inform the Commission of any changes in the identity of such authorities.
Amendment 496 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 a (new)
Article 6 – paragraph 7 – subparagraph 1 a (new)
Amendment 499 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
The proper functionning of screening and its compliance with the Charter of Fundamental Rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. The competent authorities mayshall therefore be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by Union bodies, offices and agencies, international organisations and non- governmental organisations, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates. In particular, this shall be the case when the Member State is faced with a situation of mass influx of persons arriving and where its operational structure and asylum system is overburdened. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member State. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
Amendment 504 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. Third country nationals shall be informed of their right to access free legal advice or counselling during the screening and Member States shall enable such access if the third country nationals request so orally or in writing.
Amendment 508 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to tduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. They screeninghall draw up clear and proportionate disciplinary measures under national law in case allegations prove to be true.
Amendment 526 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – indent 1
Article 7 – paragraph 2 – indent 1
— to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening;
Amendment 533 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – indent 2
Article 7 – paragraph 2 – indent 2
— where applicable, to ensure compliance with Union and national rules on detention of the person concerned, in particular concerning the grounds, conditions and the duration of the detention;
Amendment 540 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
— to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are dealt with effectively and without undue delaythe best interest of the child, right to health care, data protection and reception conditions are dealt with effectively and without undue delay. Access to justice for affected individuals shall be clarified.
Amendment 547 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 Monitoring shall apply to national authorities as well as any EU agencies and bodies involved in the above mentionned procedures. Member States shall invite relevant and independent national, international and non- governmental organisations and bodies, including data protection authorities, to actively participate in the monitoring. Member States shall give the monitoring authorities unhindered access to relevant documents and facilities.
Amendment 552 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards. These safeguards shall include selecting independent relevant national and international actors, including at least one representative from the Fundamental Rights Agency (FRA) and one representative from the EU Ombudsman or national ombudspersons, to review the independence of the mechanism on an annual basis and report back to the Commission, the Council and the European Parliament.
Amendment 560 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States mayshould request the Fundamental Rights Agency to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.
Amendment 568 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 576 #
2020/0278(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
If needed, the mechanism should be able to receive funding via the Integrated Border Management Fund (IBMF) or any other relevant EU fund.
Amendment 584 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:
Amendment 587 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the steps and modalities of the screening as well as possible outcomes of the screening;, in particular their right to apply for international protection or other forms of protection applicable in national law.
Amendment 590 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the rights and obligations of third country nationals during the screening, including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in Article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.
Amendment 607 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
Amendment 609 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligation to apply for international protection in the Member State of first entry or legal stay set out in Article [9(1) and (2)] of Regulation (EU) No XXX/XXX [ex-Dublin Regulation], the consequences of non- compliance set out in Article [10(1)] of that Regulation, and the information set out in Article 11 of that Regulation as well as on the procedures that follow the making of an application for international protection;
Amendment 616 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language and format which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services where necessary. It shall be provided in an appropriate manner taking into account the age and the gender of the person. When the person is a child, information shall be provided in a child- friendly manner.
Amendment 626 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article and legal advice during the screening according to the provisions established by national law.
Amendment 631 #
2020/0278(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 633 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical staff with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordinglyand long-term care, as well as isolation on public health grounds.
Amendment 641 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where relevantIn addition, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, which can include victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
Amendment 643 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 650 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 654 #
2020/0278(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 656 #
2020/0278(COD)
Article 9 b Special guarantees for unaccompanied minors 1. The best interest of the child shall be the primary concern at every step of the screening, in line with the safeguards provided for in Directive (EU) XXX/XXX [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23. 2. Minors, whether accompanied or unaccompanied, shall be considered applicants in need of specific procedural guarantees. 3. The appointed guardians of non- accompanied minors as referred to in Article 6 of this Regulation shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. 4. Screening shall not entail an age assessment procedure.
Amendment 661 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) data or information provided by or obtained from the third-country national concerned; and
Amendment 663 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) biometric data, as defined in Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 671 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the designated competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third- country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
Amendment 674 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. Querying the CIR shall be limited to pure consultation. Storage or use of data for other purposes than identifying the individual shall be strictly prohibited.
Amendment 678 #
2020/0278(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out, the principles of necessity and proportionality as well as GDPR shall apply to any searches carried out and shall be scrutinised by the fundamental rights monitoring mechanism set up under Article 7 of this Regulation.
Amendment 682 #
2020/0278(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities designated to carry out the screening shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
Amendment 685 #
2020/0278(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the designated competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS- TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.
Amendment 689 #
2020/0278(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall adopt implementingdelegated acts setting out the detailed procedure and specifications for retrieving data. Those implementing, processing and using data. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 691 #
2020/0278(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The queries provided for in Article 10(2) and in Article 11(2) mayshall be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 . _________________ 36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.
Amendment 701 #
2020/0278(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall adopt implementingdelegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 706 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
On completion of the screening, the competent authorities shall, with regard to the persons referred to in Article 3 and in Article 5, complete the form in Annex I containing:
Amendment 712 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
Amendment 715 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) relevant information on the preliminary health checks, in accordance with GDPR;
Amendment 716 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(b b) relevant information of the preliminary vulnerabilities check as well as specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure;
Amendment 719 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) reason for unauthorised arrival, entry, and, where appropriate illegal stay or residencecircumstances of arrival, entry, including information on whether the person made an application for international protection;
Amendment 727 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 730 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(e a) information on family members or close adult relatives present in the EU as defined in Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 733 #
2020/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The de-briefing form is an administrative decision amenable to appeal. The person shall be advised about appeal channels and receive a copy of the de-briefing form before the form is transmitted to the authorities and be able to review, rectify and challenge the information provided in the de-briefing form.
Amendment 747 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not expressed their wish to appliedy for international protection and
Amendment 753 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
- are not eligible to enter or remain on the territory for any other ground under Member State legislation, Union or international law;
Amendment 762 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
In cases not related to search and rescue operations, entry may be refused in accordance with the full procedure laid down in Article 14 of Regulation 2016/399.
Amendment 765 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3 a (new)
Article 14 – paragraph 1 – subparagraph 3 a (new)
In cases affecting minors, the best interests of the child shall be the primary consideration. This requires that procedures respecting Directive (EU) 2008/115/EC (Return Directive) may only be applied after a documented best interests of the child procedure is carried out by a multidisciplinary team assessing and identifying a durable solution. If the procedure concludes that return is considered to be in the best interests of the child, priority should be given to implementation through voluntary departure with child-specific assistance.
Amendment 768 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the asylum authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.
Amendment 772 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 777 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 783 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, return or refusal of entry, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedurethen automatically be referred to the ordinary asylum procedure laid down in Regulation (EU) XXX/202X (Asylum Procedures Regulation).
Amendment 787 #
2020/0278(COD)
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7 a. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of the outcome of the screening in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third- country national in accordance with national law shall also be given to the third-country national in a language that they understand. The appeal shall be lodged immediately after the referral has been communicated to the third-country national. Lodging such an appeal shall not have suspensive effect on the referral of the third country national to the subsequent procedure. The appeal shall be processed rapidly and its outcome communicated in writing to the third- country national.
Amendment 803 #
2020/0278(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
[Three year18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]
Amendment 807 #
2020/0278(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
No sooner than [fivthree] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years’ time limit expires.
Amendment 810 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 5
Annex 1 – point 5
5.Nationality/ies or statelessness (initial indication):
Amendment 812 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 7
Annex 1 – point 7
7.Reason to perform screeningfor which the screening was performed: A. Irregular entry Please specify also, as appropriate: no/forged/ falsified travel document, no/forged/ falsified visa or travel authorisation, other B. Arrival via search and rescue C. Application for international protection at a Border Crossing Point D. no indication of a border check at an external border: □ no stamp in a travel document/no entry in the Entry Exit System □ no travel documenteleted Deleted Deleted
Amendment 814 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 8a (new)
Annex 1 – point 8a (new)
Amendment 815 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 8b (new)
Annex 1 – point 8b (new)
8b. Preliminary vulnerabilities check carried out □ Yes □ No If yes, specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure:
Amendment 816 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 8c (new)
Annex 1 – point 8c (new)
8c. Family members or close relatives present in the EU: □ Yes □ No If yes, please provide details of the relevant family members or close relatives and the relevant Member State.
Amendment 817 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 10
Annex 1 – point 10
Amendment 821 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 11
Annex 1 – point 11
Amendment 826 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 13
Annex 1 – point 13
Amendment 827 #
2020/0278(COD)
Proposal for a regulation
Annex 1 – point 16a (new)
Annex 1 – point 16a (new)
16a. Comments and approval by designated interpretation services: Signature/s of official interpreter/s (name + service):
Amendment 86 #
2020/0277(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum (Text with EEA relevance)
Amendment 96 #
2020/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and shared responsibility between Member States, which is fair towards third- country nationals.
Amendment 107 #
2020/0277(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union hasworks externally to manage migration and has also internally at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and thatin which all the necessary measures are put in place to prevent crisis to happen.
Amendment 116 #
2020/0277(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.
Amendment 120 #
2020/0277(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle preparedness to alleviate pressure on the external borders of the Union in situations of mass influx of persons crossing the border irregularly and put operational cooperation structures in place to prevent that this would overburden the asylum systems of the Member States. In such situations of crisis, Member States shall work together in a spirit of solidarity and fair sharing of responsibility andthrough the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures. This Regulation should be triggered complementary to the Union’s financial, operational and diplomatic efforts responding to any migration or humanitarian crisis in one or more third countries, including by making use of anticipation and early warning tools available under the EU Mechanism for Migration Preparedness [Crisis Blueprint]2a. _________________ 2a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020).
Amendment 126 #
2020/0277(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The measures in this Regulation are based on integrated policy-making in the field of asylum and migration management and take into account the phenomenon of mixed arrivals of persons in need of international protection and those who are not. The measures are put in place in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
Amendment 129 #
2020/0277(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The measures in this Regulation are based on a mandatory solidarity between Member States in situations of crisis and intend to enhance the preparedness and resilience of Member States to manage migration and situations of crisis. They aim to facilitate operational coordination and concrete financial, operational and capacity support in situations of crisis in the field of asylum and migration.
Amendment 139 #
2020/0277(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States in a situation of crisis can request the application of the measures in this Regulation individually or cumulatively. The implementing acts adopted by the Commission pursuant to this Regulation may apply to one or more Member States, if the conditions specified for the application of this Regulation are met individually by each Member State.
Amendment 145 #
2020/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In addition to situFollowing sudden and unforeseen events, even well-prepared asylum, migrations, of crisis, Member Star return systems may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all duoverburdened. As a result, the Member State concerned may need to deviate resources to the task of managing the care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protectrival of third-country nationals or stateless persons at its borders and require time to reorganise and increase its capacity, including with the support of the EU agencies. Extensions or carrying out the procedures for determining the Member State responsible for examining an application for international protectionf time limits should therefore help the Member States in executing their responsibilities under Union law, including Article 18 of the Charter of Fundamental Rights, providing for more flexibility to deal with the increased workload. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessaryand for the screening procedure should apply in such situations.
Amendment 170 #
2020/0277(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure that such contributions are in proportion to the share of the contributing Member State, the Commission should be able to increase or decrease such contributions by adopting an implementing act, in accordance with Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 172 #
2020/0277(COD)
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) The solidarity provisions in situations described in this Regulation should be accompanied by immediate measures to ensure humanitarian protection, including first essential services, as well as dignified reception in compliance with the Directive XXX/XXX/EU [Reception Conditions Directive recast ] and adequate access to international protection procedures. For this purpose, existing crisis measures in the field of capacity building and operational support may be activated in such situations, under the coordination EU Mechanism for Migration Preparedness [Crisis Blueprint] and through the emergency support provided within the Union Civil Protection Mechanism (UCPM). Member States in a situation of crisis should further rely on increased efforts of the Union, including through its agencies, to assist in return operations.
Amendment 185 #
2020/0277(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
Amendment 222 #
2020/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, and to alleviate the pressure on their asylum systems while guaranteeing the highest standards in processing applications for international protection, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union-wide is 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 75%. To this effect, Member States should continuously ensure use of the most recent data from the European Union Asylum Agency.
Amendment 225 #
2020/0277(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The purpose of the asylum crisis management procedure is to quickly assess whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular or accelerated procedure and provided quick access to international protection.
Amendment 226 #
2020/0277(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) Applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of a border procedure, an applicant in need of specific procedural guarantees should be exempted from those procedures.
Amendment 229 #
2020/0277(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five days, as specified in that Regulation.
Amendment 237 #
2020/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible in full respect of Directive XXX/XXX/EU [Reception Conditions Directive recast] and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
Amendment 239 #
2020/0277(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The responsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children and applicants with specific vulnerabilities.
Amendment 243 #
2020/0277(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities and EU agencies with the necessary tools and sufficient time- frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
Amendment 251 #
2020/0277(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) When applying the return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 252 #
2020/0277(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.
Amendment 265 #
2020/0277(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should examine a reasoned request submitted by aone or more Member States while taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
Amendment 271 #
2020/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protection.
Amendment 276 #
2020/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 295 #
2020/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 305 #
2020/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 312 #
2020/0277(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 319 #
2020/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 328 #
2020/0277(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 333 #
2020/0277(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned will be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. It will also be exempted from its obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 335 #
2020/0277(COD)
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) In order to shorten the duration of application procedures in situations of crisis, Member States should be encouraged, in certain cases, to prioritise the examination of applications from certain applicants by examining it before other, previously made applications, in a simplified manner, in particular with a focus to determine whether the applicant falls within the group of applicants whose application is likely to be well-founded as determined pursuant to this Regulation, and to do so in an expedited timeline.
Amendment 337 #
2020/0277(COD)
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27c) In well-defined circumstances where an application for international protection is likely to be well-founded, Member States should simplify and accelerate the examination procedure, in particular by introducing shorter time limits for certain procedural steps, without prejudice to an adequate examination being carried out and to the applicant’s effective access to basic principles and guarantees provided for in Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 338 #
2020/0277(COD)
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27d) In a situation of crisis, the Commission may oblige Member States to trigger accelerated and simplified procedures for processing manifestly well- founded requests for international protection. These procedures should be based on models that have proven to be efficient, flexible and fair for persons seeking international protection.
Amendment 339 #
2020/0277(COD)
Proposal for a regulation
Recital 27 e (new)
Recital 27 e (new)
(27e) Applications for international protection that are likely to be well- founded pursuant to this Regulation should automatically be prioritised for relocation in the framework of the solidarity measures provided by other Member States.
Amendment 341 #
2020/0277(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 347 #
2020/0277(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 352 #
2020/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 359 #
2020/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 364 #
2020/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 368 #
2020/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the EU budget should be provided. In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level-playing field, facilities used for reception of persons seeking international protection, solidarity through relocation, and the broadened border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council.6a That should include the construction, running, and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast]. _________________ 6a Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251,15.7.2021, p.1)
Amendment 373 #
2020/0277(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Considering that a crisis in the field of asylum and migration at the external borders concerns the Union as a whole, the full spectrum of Union support should be made available to a Member State in a situation of crisis. Such support should entail an increased role for the EU agencies, most notably the European Union Asylum Agency and the European Border and Coast Guard Agency, for which the deployment of their supporting tasks in the Member State facing a crisis may be initiated by the Commission through an implementing act adopted under this Regulation. The EU agencies should prioritise their operational and technical support to the Member State concerned.
Amendment 375 #
2020/0277(COD)
Proposal for a regulation
Recital 33 b (new)
Recital 33 b (new)
(33b) When the increased supporting tasks of the EU agencies under this Regulation bear too much of a burden on their budget, this should be accounted for by the Commission in their annual budget revision.
Amendment 376 #
2020/0277(COD)
Proposal for a regulation
Recital 33 c (new)
Recital 33 c (new)
Amendment 377 #
2020/0277(COD)
Proposal for a regulation
Recital 33 d (new)
Recital 33 d (new)
(33d) When the EU Crisis Coordinator considers that a Member State is not able to provide appropriate reception facilities for persons seeking international protection under Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States should be encouraged to provide support through the Union Civil Protection Mechanism with material resources. The EU Crisis Coordinator may propose to include certain categories of reception and migration management facilities to the rescEU reserve.
Amendment 378 #
2020/0277(COD)
Proposal for a regulation
Recital 33 e (new)
Recital 33 e (new)
(33e) The Commission, in coordination with the EU Crisis Coordinator, should be responsible for monitoring continuously whether the measures triggered by this Regulation remain necessary. Those measures should remain applicable until the Commission determines that the situation of crisis in a Member State has ended. To that end, the Commission may be invited to act by the Council.
Amendment 389 #
2020/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immedidetermining a necessity for Member States to apply simplified and accelerated protection statucedures.
Amendment 399 #
2020/0277(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interest of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 402 #
Amendment 404 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and, (EU) XXX/XXX [Asylum Procedures Regulation], Regulation (EU) XXX/XXX [Screening Regulation] and in Directive XXX [recast Return Directive]. This Regulation establishes a crisis response mechanism, aiming at alleviating pressure for Member States facing a situation of crisis, while protecting the rights of applicants and beneficiaries of international protection, including their access to relevant procedures and to adequate reception conditions in a situation of crisis.
Amendment 427 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) an imminent risk of such a situation. which cannot be diminished by external dimension policies within the Union’s asylum and migration framework, including through the EU Migration Preparedness and Crisis Blueprint9a or before entry of the persons referred to in point (a). _________________ 9a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020)
Amendment 432 #
2020/0277(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Annual determination of minimum crisis capacity 1. In order to establish what constitutes a demonstrably well-prepared asylum, reception or return system as referred to in Article 1(2)(a), the Commission shall, by means of an implementing act, establish annually the minimum crisis capacity for the Member States. The Commission shall do so upon adopting the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management]. 2. In determining the minimum crisis capacity of each Member State, the Commission shall base its assessment on the elements listed in Article 6(2) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
Amendment 433 #
2020/0277(COD)
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Amendment 435 #
2020/0277(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II Solidarity mechanismand asylum and return procedures in a situation of crisis
Amendment 456 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. By way of derogation from Article 51(3)(b)(ii), Article 52(1) and 52(3) first sub-paragraph and Article 53(3)(a) of Regulation (EU) XXX/XXX [Asylum and Migration Management], relocation shall include not only persons referred to in points (a) and (c) of Article 45(1) of that Regulation, but also persons referred to in points (a) and (b) of Article 45(2).
Amendment 461 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. By way of derogation from Article 54 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the share calculated in accordance with the formula set out in that Article shall also apply to measures set out in Article 45(2), points (a) and (b) of that Regulation.
Amendment 464 #
2020/0277(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 479 #
2020/0277(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III Asylum and return procedures in a situation of crisisdeleted
Amendment 482 #
Amendment 516 #
2020/0277(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
Amendment 519 #
2020/0277(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.
Amendment 542 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In applying the asylum crisis management procedure, Member States shall prioritise the examination of applications that are likely to be well- founded, applicants with specific vulnerabilities, including due to their state of health, or applications which are lodged by minors and their family members. The best interest of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.
Amendment 543 #
2020/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non- refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
Amendment 548 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 31b, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
Amendment 562 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.
Amendment 563 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 564 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. During the return crisis management procedure, the right to asylum and the principle of non- refoulement will always be respected.
Amendment 565 #
2020/0277(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management] Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
Amendment 566 #
2020/0277(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Exemption of obligations as regards solidarity measures in a situation of crisis In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.
Amendment 568 #
2020/0277(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 574 #
2020/0277(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV Time limits in a situation of force majeureOperational and capacity support
Amendment 576 #
2020/0277(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 590 #
2020/0277(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 595 #
2020/0277(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a EU Crisis Coordinator 1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation. 2. The EU Crisis Coordinator shall regularly: (a) coordinate and support communication between the Member States involved in the framework of this Regulation; (b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation; (c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint; (d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices. 3. When this Regulation is in effect, the EU Crisis Coordinator shall: (a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards: (i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect; (ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; (iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.
Amendment 596 #
2020/0277(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 597 #
2020/0277(COD)
Proposal for a regulation
Article 9 c (new)
Article 9 c (new)
Amendment 598 #
2020/0277(COD)
Proposal for a regulation
Article 9 d (new)
Article 9 d (new)
Amendment 599 #
2020/0277(COD)
Proposal for a regulation
Article 9 e (new)
Article 9 e (new)
Article 9 e Financial support 1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147. 3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall include the construction, running and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 601 #
2020/0277(COD)
Proposal for a regulation
Chapter V – title
Chapter V – title
V Granting of immediSimplified and accelerated protectioncedures for well-founded cases
Amendment 610 #
2020/0277(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 615 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of thisof crisis, and on the basis of the decision referred to in Article 1b(2), Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displacedbe obliged to apply simplified and accelerated procedures for applicants of a specific country of origin or part(s) of it pursuant to paragraph 4 of this Article, for persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional or situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevant Member State.
Amendment 628 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protecThe applications for international protection of the persons referred to in paragraph 1 shall be prioritised in accordance with the basic principles and guarantees of Chapter II, of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] based on Article 33(5)(a) of that Regulation. As these applications for international protection are likely to be well-founded, their examination shall not last longer than one month from their registration.
Amendment 634 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall resume the examination of the applications for international protectionThe procedure in paragraph 2 shall always entail a compulsory assessment to determine a possible threat have been suspended pursuant to paragraph 1 after a maximum of one yearto the national security or public order of the Member State.
Amendment 640 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) establish that there is a situation of crisis on the basis of the elements referred to in Article 3need to prioritise a certain group of applicants through accelerated and simplified procedures in examining their application for international protection within the timeline described in paragraph 2;
Amendment 642 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) establish that there is a need to suspend the examination ofdefine the specific country of origin, or a part of a specific country of origin on the basis of well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], in respect of the persons referred to in paragraph 1 where their applications for international protection; is likely to be well- founded.
Amendment 644 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 647 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 651 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
Amendment 652 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 b (new)
Article 10 – paragraph 4 b (new)
4b. When an EU agency, according to Articles 9c and 9d, is responsible for the examination of applications for international protection, it will prioritise for relocation those applications likely to be well-founded pursuant to Article 2.
Amendment 654 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4 c (new)
Article 10 – paragraph 4 c (new)
4c. The decision establishing the groups to whom the accelerated and simplified procedures should apply according to paragraph 4, points (a) and (b) of this Article, shall be reviewed every three months and, where the situation for these persons has changed, a revised implementing act may be adopted. The review shall be based on updated country of origin information, or updated information on the relevant specific groups. Consultations with relevant non- governmental organisations shall also take place ahead of this decision.
Amendment 662 #
2020/0277(COD)
Proposal for a regulation
Chapter V a (new)
Chapter V a (new)
Va Monitoring and duration of a situation of crisis
Amendment 663 #
2020/0277(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Monitoring the implementation of crisis measures 1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects: (a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation; (b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure. 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.
Amendment 664 #
2020/0277(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Amendment 665 #
2020/0277(COD)
Proposal for a regulation
Article 10 c (new)
Article 10 c (new)
Article 10 c End of a situation of crisis 1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation. 2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended. In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b). 3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.
Amendment 673 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 6,5b and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 681 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. On duly justified imperative grounds of urgency, due to the situation of crisis as defined in Article 1(2) in a Member State, the Commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 52, 3a, 3b, 4, 5, 5a, and 65b, and triggering the granting of immediobligation to apply simplified and accelerated protection statucedures in accordance with Article 10. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(3).
Amendment 694 #
2020/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. For the implementing act referred to in Article 31b, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 697 #
2020/0277(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 698 #
2020/0277(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 700 #
2020/0277(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 40 #
2020/0112R(APP)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that the emergence of illiberal democracies in the European Union, the growing risks around democracy, the rule of law and fundamental rights and the emerging threats posed by new actors justify a reform of the founding Regulation of FRA to turn it into a stronger and independent agency, by defining the tools it may rely on and the mandate it is given;
Amendment 43 #
2020/0112R(APP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that hate crime and hate speech, as well as discrimination based on any grounds such as race, colour, ethnic or social origin, language, religion or belief, political opinion, minority status, disability or sexual orientation is a prevalent and pressing issue; condemns the increase and normalisation of hate speech and different forms of racism, boosted by the rise of extremist movements; notes with serious concern the increase in anti-semitic hate speech; stresses that antisemitism is a complex phenomenon and requires a holistic response across policy areas; recalls that the rise of Jew-hatred and antisemitism poses a threat to our democratic values; notes with serious concern the increase in antisemitic hate speech; stresses the need for action in that regard;
Amendment 55 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. ARegrets the choice of legal basis and small involvement of the European Parliament in the reform and asks for exploring how to turn it into an ordinary procedure; strongly asks the Council to take into account the following considerations when amending the FRA Regulation:
Amendment 76 #
2020/0112R(APP)
Motion for a resolution
Paragraph 4 – point iii – paragraph 1
Paragraph 4 – point iii – paragraph 1
In addition to the fight against any kind of discrimination, racism, xenophobia and related intolerance, the fight against antisemitism should be specifically mentioned in the areas of activities of the FRA, and not only in the recital; this would be very much in line with the activities carried out by the FRA in relation to antisemitic incidents since 2009, with yearly updates on the situation in each Member State;
Amendment 101 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point iii – paragraph 1
Paragraph 5 – point iii – paragraph 1
Upon the request of the Council, the Commission or Parliament, the FRA should be able to carry out scientific research, surveys, and preparatory and feasibility studies and formulate and publish conclusions and opinions on specific thematic topics; this should also be possible on the initiative of the FRA, and not only upon the request of an EU institution; furthermore, individual Member States or a group of Member States should have the right of initiative; the FRA should be able to receive and investigate complaints and to carry out country specific assessments;
Amendment 107 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point iii – paragraph 1 a (new)
Paragraph 5 – point iii – paragraph 1 a (new)
(iv) FRA´s role in the EU mechanism on Democracy, Rule of law and fundamental Rights. The inclusion of a reference to a role for FRA in the EU mechanism on Democracy, Rule of Law and Fundamental Rights, considering tasking the Agency with regular monitoring of Member States' compliance with Article 2 TEU, to identify the main positive and negative developments in each Member State and contribute to the preparation of the Commission Annual Report and recommendations;
Amendment 109 #
2020/0112R(APP)
Motion for a resolution
Paragraph 5 – point iii – paragraph 1 b (new)
Paragraph 5 – point iii – paragraph 1 b (new)
(v) FRA´s role in the article 7 TEU procedure. The inclusion of a reference to a role for FRA in the framework of Article 7 TEU. The Fundamental Rights Agency should contribute with periodic - semestral- reports on the situation of democracy, the rule of law and fundamental rights in the Member States subject to an Article 7 TEU procedure;
Amendment 296 #
2020/0104(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
Amendment 300 #
2020/0104(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) It is essential that the legitimate interests of the final recipients and beneficiaries of the Facility are properly safeguarded from the suspension of payments in the event of a generalised deficiencies as regards the rule of law. In such case, the Commission should take over the responsibility of the management of the Facility. Such a tool in the Facility to protect the Union's budget in the event of generalised deficiencies as regards the rule of law should be aligned on any other tool pursuing the same objective in other EU legislation.
Amendment 1382 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8a. The Commission shall lay down, by means of a delegated act to be adopted before the approval of the recovery and resilience plans as per Article 17, specific rules on budget commitments, payments, suspension, cancellation and recovery of funds for the purpose of sound financial management. Respecting the right of Member States to provide observations, appropriate contradictory procedures shall be established should the Commission find that a recovery and resilience plan has not been implemented in a satisfactory manner. The Commission, in close cooperation with national competent authorities, OLAF, the EPPO and the European Court of Auditors, will ensure the financial interest of the Union, as derived from this Facility, is protected.
Amendment 1401 #
2020/0104(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Independent fiscal institutions, as defined by Council Directive 2011/85/EU, shall, on a biannual basis, complement and assess such reports focusing on the reliability of the information, data and forecasts provided, as well as the performance and the general progress made in the achievement of the recovery and resilience plans.
Amendment 1428 #
2020/0104(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) ensure close cooperation between those responsible for implementation, control and supervision at Union, national and, where appropriate, regional levels to achieve the objectives of the instruments established under this Regulation.
Amendment 22 #
2020/0101(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase of EUR 5 billion in commitment appropriations in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche of the additional resources.
Amendment 29 #
2020/0101(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. Furthermore, the flexibility of spending of the allocations under REACT-EU demands specific spending control that goes beyond the self-assessment by the Member States and needs therefore to be subjected to the oversight by the Commission, OLAF, EPPO and the Court of Auditors.
Amendment 34 #
2020/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providing support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens or economic support measures for those regions most dependent on sectors most affected by the crisis. Technical assistancend administrative assistance in the implementation process should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
Amendment 44 #
2020/0101(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Member States should have the flexibility to allocate the additional resources to new dedicated operational programmes or new priority axes within existing programmes following the consultation with regional and local authorities. In order to allow quick implementation, only already designated authorities of existing operational programmes supported by the ERDF, the ESF, or the Cohesion Fund are allowed to be identified for new dedicated operational programmes. An ex ante evaluation by the Member States should not be required and the elements required for the submission of the operational programme to the Commission’s approval should be limited.
Amendment 53 #
2020/0101(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principles. In its assessment of the REACT-EU implementation, the Commission will evaluate the level of coordination between national authorities and local and regional authorities in defining the scope and the amount of assistance requested under REACT-EU.
Amendment 69 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 3
Article 92 b – paragraph 3
3. A minimum of 0.35% of the additional resources shall be allocated to technical assistance at the initiative of the Commission.
Amendment 73 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 5 – subparagraph 6
Article 92 b – paragraph 5 – subparagraph 6
Each Member State shall allocate the additional resources available for programming under the ERDF and the ESF to operational programmes following the consultation with regional and local authorities.
Amendment 83 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 – subparagraph 3
Article 92 b – paragraph 10 – subparagraph 3
Where such a new operational programme is established, only authorities designated under on-going operational programmes supported by the ERDF, the ESF and the Cohesion Fund may be identified by the Member States for the purposes of point (a) of Article 96(5) following the consultation with regional and local authorities.
Amendment 17 #
2020/0097(COD)
Proposal for a decision
Recital 5
Recital 5
(5) In order to be better prepared when confronted with such events in the future, urgent action is required for reinforcing the Union Mechanism. The reinforcement of the Union Mechanism complements and does not substitute the mainstreaming of the principle of disaster resilience into all Union policies and Funds.
Amendment 21 #
2020/0097(COD)
Proposal for a decision
Recital 6
Recital 6
(6) To improve planning in prevention and preparedness, the Union should continue advocating reinforce investment in prevention of disasters across sectors, and for comprehensive risk management approaches that underpin prevention and preparedness, taking into account a multi- hazard approach, an ecosystem-based approach and the likely impacts of climate change, in close cooperation with the relevant scientific communities and key economic operators. To that effect, cross- sectoral and all-hazard approaches should be put at the forefront and be based on Union wide resilience goals feeding into a baseline definition of capacities and preparedness. The Commission is to work together with Member States and the European Parliament when defining Union wide resilience goals.
Amendment 23 #
2020/0097(COD)
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) In order to ensure an efficient disaster prevention, stress tests and a process for certification of the response capacities should be considered as key elements. Regular risk assessments at regional and local level are necessary so that national authorities can take measures to reinforce resilience where necessary, including by using the existing Union funds. Such risk assessments should focus on the specificities of regions, such as seismic activity, frequent floods or forest fires. Those assessments should also include the level of cross- border cooperation in order for the Union Mechanism to have detailed information on locally available capacities for a more targeted intervention.
Amendment 31 #
2020/0097(COD)
Proposal for a decision
Recital 10
Recital 10
(10) In order to have the operational capacity to respond swiftly to a large-scale emergency or to a low probability event with a high impact such as the COVID-19 pandemic, the Union should have the possibility of acquiring, renting, leasing or contracting rescEU capacities to be able to assist Member States overwhelmed by large-scale emergencies, in line with the supporting competence in the area of civil protection and with a particular attention to vulnerable people. Those capacities are to be pre-positioned in logistical hubs inside the Union or, for strategic reasons, via trusted networks of hubs such as the UN Humanitarian Response Depots. Taking advantage of its close engagement with the authorities of Member States, the Union Mechanism should be used to collect information on the national capacities available in the Member States where the hubs are hosted and assess the preparedness of national crisis systems and civil protection authorities, so as to be able to issue concrete country-specific improvement recommendations based on collected data.
Amendment 36 #
2020/0097(COD)
Proposal for a decision
Recital 16
Recital 16
(16) Given that the deployment of rescEU capacities for response operations under the Union Mechanism provides significant Union added value by ensuring an effective and fast response to people in emergencies, further visibility obligations should be made to provide Union prominence. National authorities should receive communication guidelines from the Commission for each particular intervention to ensure that the Union's role is adequately represented.
Amendment 46 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Decision No 1313/2013/EU
Article 6 – paragraph 5 (new)
Article 6 – paragraph 5 (new)
5. The Commission shall define Union disaster resilience goals to support prevention and preparedness actions. Disaster resilience goals shall ensure a common baseline for maintaining critical societal functions in the face of cascading effects of a high impact disaster and for ensuring the functioning of the internal market. The goals shall be based on forward looking scenarios, including the impacts of climate change on disaster risk, data on past events and cross-sectoral impact analysis with a particular attention to vulnerable people. In the elaboration of disaster resilience goals, the Commission shall specifically focus on recurrent disasters that hit Member States' regions and suggest to national authorities concrete measures, including those to be implemented with the use of EU funds, to strengthen the resilience to crises.
Amendment 50 #
2020/0097(COD)
- to provide technical training assistance to local communities for enhancing their capacities for the first independent reaction to a crisis;
Amendment 52 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Decision No 1313/2013/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall define, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 33(2), the capacities rescEU shall consist of, based on the resilience goals referred to in Article 6(5), scenario-building as referred to in Article 10(1), taking into account identified and emerging risks and overall capacities and gaps at Union level, in particular in the areas of aerial forest fire fighting, seismic, chemical, biological, radiological and nuclear incidents, and emergency medical response. Information on the number and classification of rescEU capacities will be regularly updated by the Commission and made directly available to other EU institutions.
Amendment 58 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Decision No 1313/2013/EU
Article 20 a – paragraph 1 – subparagraph 2
Article 20 a – paragraph 1 – subparagraph 2
Any assistance or funding provided under this Decision shall be given appropriate visibility in line with the specific guidelines issued by the Commission for concrete interventions. In particular, Member States shall ensure that public communication for operations funded under the Union Mechanism:
Amendment 28 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 36 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should be complementary to the resources available under cohesion policy., without prejudice to other objectives of cohesion policy and financial allocations programmed for other goals under the ERDF and ESF+;
Amendment 72 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources shouldcan be reinforced with complementary funding from the ERDF and the ESF+ where such complementarity is justified and does not prejudice the achievement on the local level of the objectives for which ERDF and the ESF+ are allocated. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 80 #
2020/0006(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Stresses that European law on state aid must be respected within the JTF, with the current state aid framework expiring in 2020; calls on the Commission, when drawing up the new framework, to take account of the problems linked to structural change in coal regions, thereby ensuring that coal regions have sufficient flexibility to enable them to phase out coal in a socially and economically viable way.
Amendment 91 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, enhance employment and prevent environmental degradation, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereofan be part of or correspond to larger units such as NUTS level 3 regions. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate- resilient economic activities that are also consistent with the transition to climate- neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 95 #
2020/0006(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission should provide if requested by the Member States a technical assistance, in case they don’t have the necessary administrative capacity or are facing difficulties in elaborating the territorial just transition plans.
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to enhance the result orientationsure intended results of the use of JTF resources, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
Amendment 107 #
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 regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’. The investments should aim at mitigating job losses resulting from the transition, by supporting the reconversion and the creation of new jobs.
Amendment 119 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 122 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 185 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 192 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories, which can be part of or correspond to larger levels such as corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. Technical assistance should be provided by the Commission at the demand of the Member States for the elaboration of the territorial just transition plans. _________________ 17Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 203 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve theall relevant partners in accordance with Article [6] of Regulation (EU) [new CPR].
Amendment 7 #
2019/2213(BUD)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain (COP25)12a, _________________ 12a Texts adopted, P9_TA(2019)0079.
Amendment 9 #
2019/2213(BUD)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to the 26th Conference of the Parties to the UNFCCC to be held in November 2020 and the fact that all Parties to the UNFCCC need to increase their nationally determined contributions in line with the objectives of the Paris Agreement,
Amendment 12 #
2019/2213(BUD)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
- having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 entitled ‘Shaping Europe's digital future’ (COM(2020) 67),
Amendment 14 #
2019/2213(BUD)
C. whereas the current MFF ends at the end of 2020, and whereas 2021 should be the first year of implementation of the next one; whereas negotiations on the 2021 Union budget might run in parallel with the negotiations on the next multiannual financial framework(MFF) and the reform of the EU own resources system;
Amendment 17 #
2019/2213(BUD)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament has been ready to negotiate the MFF since November 2018, but the Council has so far failed to engage in any meaningful talks with Parliament beyond minimal contact on the margins of the General Affairs Council until recently; whereas the European Council President has now started talks with the European Parliament Negotiating Team on the MFF; whereas the timeframe for reaching an agreement in the European Council has been repeatedly extended;
Amendment 24 #
2019/2213(BUD)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the withdrawal of the United Kingdom from the Union is not expected to have a direct impact on the 2021 budget, as the United Kingdom will be considered as a third country after the transition period; whereas the participation in the EU programmes will be decided in the future partnership that will be negotiated between the EU and the UK;
Amendment 25 #
2019/2213(BUD)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas, accordingly to the article 132 of the Withdrawal Agreement, if the transition period is extended, the UK will be considered as a third country because of the next MFF-period and the updated own resources-system, therefore the UK contribution to the budget will be negotiated by the Joint Committee;
Amendment 69 #
2019/2213(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that while the concern for a new financial crisis is existing, the strengthening recovery after earlier financial, economic and social crisis have created possibilities for the EU Member States and its citizens; leads the EU to take a special focus on the different regions and their capability to take advantages from the possible increased growth from the new tools, so as to avoid that they would lead to even larger social and regional inequalities;
Amendment 89 #
2019/2213(BUD)
Motion for a resolution
Subheading 3
Subheading 3
A budget commensurate with the diverse challenges
Amendment 110 #
2019/2213(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Proposes further targeted reinforcements to the budget lines in line with the Parliament’s priorities, in areas such as SME:s, digitalisation, artificial intelligence, internal security and justice cooperation, migration and respect of the rule of law and fundamental rights;
Amendment 129 #
2019/2213(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission to assess and prepare for all possible scenarios to ensure the sound financial management of the Union budget, defining clear commitments and outlining mechanisms and protecting the EU budget; Calls on the Commission to ensure that the future participation of UK in EU’s programmes shall respect fair balance as regards the contributions and benefits;
Amendment 201 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
A safer and sovereign Europe in a challenging world
Amendment 202 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Underlines that it is of paramount importance to invest in adequate funding and staffing levels for all agencies operating in the fields of migration, security, border control and fundamental rights, in particular Europol, Eurojust, Frontex and the Fundamental Rights Agency (FRA);
Amendment 206 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses that the European Public Prosecutor's Office (EPPO) must be equipped with the necessary means in order to be able to thoroughly investigate and prosecute cross-border criminal activities;reminds of the important task of the EPPO to tackle the fraud with EU funds, which is important for both the citizens and the credibility of the EU; insists that its budgetary appropriations are placed under the administration heading of the MFF 2021-2027 together with the other EU bodies and institutions;
Amendment 209 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11 e. Calls on the Commission to ensure that no EU funding is granted to any parties subject to the EU restrictive measures (including contractors or subcontractors, participants to workshops and/or trainings, and recipients of financial support to third parties);
Amendment 210 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11 f. Calls on the Commission to allocate the necessary budget in order to ensure a bigger capacity of the EU civil protection mechanism, so that the EU will be better prepared and respond to all types of natural disasters, pandemics and emergencies, such as chemical, biological, radiological and nuclear emergencies; reiterates the importance of the EU civil protection mechanism to better protect the citizens from disasters;
Amendment 214 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11 g. Strongly supports initiatives in the field of defence with the aim of encouraging better cooperation between Member States; underlines furthermore the need to improve the competitiveness and innovation in the European defence industry that can contribute to stimulate growth and job creation;
Amendment 216 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11 h. Stresses that cybersecurity is critical to the Union’s prosperity and security, as well as to the privacy of our citizens and that economic espionage undermines the functioning of the digital single market and the competitiveness of European enterprises; requests adequate funding for the agencies responsible for securing network and information systems, building cyber resilience and combatting cybercrime, in particular ENISA and Europol;
Amendment 218 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Strengthening research and innovation through Erasmus+ and Horizon Europe
Amendment 219 #
2019/2213(BUD)
11 i. Calls on a sufficient level of resources for Erasmus + to meet future demands, also taking in-to account its external dimension; highlights the need for adequate resources for vocational education and training and for making the Programme´s funding accessible for people from all backgrounds; stresses that Erasmus+ is a key flagship programme of the Union that is widely known among its citizens and has delivered tangible results with a clear European added value; calls for special emphasis to be placed to mobility actions in adult education, particularly for the senior population in the Erasmus+ programme; calls especially for the promotion of building bridges between generations through Erasmus+;
Amendment 221 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 c (new)
Subheading 3 c (new)
A stronger more competitive and digitalized single market
Amendment 222 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 j (new)
Paragraph 11 j (new)
11 j. Points out that Horizon Europe provides a very strong European added value and stresses the importance of the programme for significant areas of European research such as digitalisation, technological innovation, AI and cybersecurity; recalls at the same time the important role of fundamental research in the development of the Union; stresses the importance of significantly increased allocations for Horizon Europe compared to Horizon 2020 for the budget 2021;
Amendment 223 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11 i. Underlines that stepping up funding for research, innovation and development is a widely shared EU objective, given that the Europe 2020 target of 3% GDP is far from being achieved;
Amendment 224 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 k (new)
Paragraph 11 k (new)
11 k. Points out that that research, competitiveness and SMEs are key to enable economic growth and job creation; SMEs are an essential part of the Union economy and play a crucial role in delivering excellent quality investment and job creation in all Member States; sees the need to create an SME-friendly business environment with a favourable environment for innovation, as well as to support SME clusters and networks; calls, in this context, for sufficient resources to the COSME, the Single Market Programme and the InvestEU’s SMEs window, in order to further boost the programmes’ potential in promoting entrepreneurship, including women’s entrepreneurship, improving the competitiveness and access to markets of Union enterprises, and calls for emphasis to be placed on the digital transformation of SMEs;
Amendment 225 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 l (new)
Paragraph 11 l (new)
11 l. Stresses the potential for economic growth stemming from the technological transformation and calls for an appropriate role of the EU budget in supporting the digitalisation of the European industry and the promotion of digital skills and digital entrepreneurship; highlights the important role the Digital Europe programme can play in this context;
Amendment 227 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 m (new)
Paragraph 11 m (new)
11 m. Encourages the Commission to strengthen support for investigative journalism, including cross-border investigative journalism, and media freedom through dedicated funds, which contributes, among other areas, to revealing and combatting crime, as well as raising awareness among Union citizens;
Amendment 228 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 n (new)
Paragraph 11 n (new)
11 n. Considers it crucial to ensure adequate financial resources to EU strategic communication aimed at tackling disinformation campaigns and cyberattacks, as well as to the promotion of an objective image of the Union outside its borders;
Amendment 8 #
2019/2211(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the European Union needs a more sustainable growth model in order to respond to environmental, digital and demographic challenges; welcomes the European Green Deal as the new green growth strategy for Europe with sustainability, citizen well-being and fairness at its core and the macroeconomic stability and its corollary 'the investment plan for a sustainable Europe';
Amendment 25 #
2019/2211(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of the European Semester as an instrument to ensure policy coordination; supports a reinforced link between cohesion policy and the country-specific recommandations of the Commission in the context of the European Semester; welcomes the increased focus on environmental sustainability and on the implementation of the Sustainable Development Goals in the Country Reports;
Amendment 37 #
2019/2211(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Single Market Performance Reports, which will debunk myths surrounding the ‘net contributors and net recipients’ approach to the EU budget by providing figures that demonstrate the benefits of single market access for the Member States and the solidarity between our economies;
Amendment 39 #
2019/2211(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the fight against tax evasion and tax avoidance can only be effectively solved through a concerted effort at European level;
Amendment 116 #
2019/2199(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas persistent racist, xenophobic and homophobic attitudes are starting to be seen as normal in the Member States and are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;
Amendment 129 #
2019/2199(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas hate speech and hate crimes motivated by intolerance from far- right and far-left extremisms are growing;
Amendment 135 #
2019/2199(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law;
Amendment 171 #
2019/2199(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 of the TEU are in serious risk, whereas the development of education and training to foster critical thinking, to give tools to identify all forms of discrimination and intolerance and promote digital literacy, is crucial;
Amendment 233 #
2019/2199(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas access to justice is a fundamental right and impunity represents an important obstacle for recovery and protection of victims;
Amendment 274 #
2019/2199(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that citizens shall have equal opportunities to access jobs and that employment is, as general principle, the best way to lift people out of poverty;
Amendment 293 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that not all Member States address the phenomenon of discrimination and segregation affecting the schooling of Roma children and children belonging to minorities, emphasizes that European and all national laws prohibit both discrimination and segregation; calls on the Commission and the Member States to take action against such practices urgently and effectively both through legal responses and by promoting mutual understanding and social cohesion; strongly encourages Member States to include respect for diversity, intercultural understanding and human rights into school curricula and to promote inclusive education from an early age in schools;
Amendment 297 #
Amendment 299 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Member States to ensure that migrant and refugee children are granted access to formal and informal education swiftly after their arrival in the European Union territory;
Amendment 300 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Member States to include in school curricula education about the value of tolerance, in order to provide children with the tools they need to identify all forms of discrimination and the features of hate speech and incitement to violence;
Amendment 301 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights that children face new risks in the digital world and that they have to be educated about their fundamental rights to make this environment safer for them; calls on the Commission and the Member States to promote digital literacy, including media and information literacy, as a part of the basic education curriculum and from the earliest years of schooling;
Amendment 302 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that political profiling, disinformation and manipulation of information represent a threat to the EU’s democratic values; calls on the Commission and the Member States to contribute to the development of education and training in critical thinking that citizens can form their own opinion to face these risks;
Amendment 309 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Condemns any discrimination based on any grounds, such as prejudice against someone’s sex, 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 or sexual orientation, as stated in Article 21 of the Charter, or any other form of intolerance or xenophobia and recalls Article 2 of the TEU;
Amendment 311 #
2019/2199(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that sexism and gender stereotypes, which have led discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life;
Amendment 369 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violence against women and domestic violence, on the basis of a broad accession, without any limitation;
Amendment 376 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Regrets the rise of number of cases of LGBTI people experiencing bullying and harassment and suffering from discrimination in different aspects of their lives;
Amendment 377 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Strongly condemns all discriminations against LGBTI people and their fundamental rights, including by public authorities and also the growing number of attacks and hate speech against the LGBTI community, motivated by homophobia and transphobia, that are currently on the rise across in the EU, including coming from the State, State officials, Governments at the national, regional and local levels, and politicians;
Amendment 380 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Member States to implement the appropriate policies to ensure that the elderly can fully enjoy their social, political and economic rights to avoid their exclusion from society and ensure that life in old age is defined just as much by choice, control and autonomy as in other stages of life;
Amendment 382 #
2019/2199(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, the aim being to ensure equal opportunities regarding accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; calls the Member States to implement the appropriate policies to ensure that people with disabilities can fully enjoy their social, political and economic rights;
Amendment 387 #
2019/2199(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CondemnRecalls thate crime and hate speech violence motivated by racism, xenophobia or religious intolerance, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status constitutes instances of hate crimes; condemns any form of racism, xenophobia and discrimination and any occurrence of hate crime and hate speech in Europe; warns against their increasing presence and normalisation in many Member States, boosted by the rise of far- right movements and rhetoric, including the spreading of racist, xenophobic, anti- LGBT and other forms of discriminatory discourse by government representatives in certain Member States;
Amendment 406 #
2019/2199(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Racism, xenophobia and related intolerance
Amendment 407 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Condemns the persistence in many Member states of hate speech, hate crime, segregation, exclusion and discrimination of Roma people, including segregation of Roma children in schools, discrimination in the housing sector, access to healthcare and employment; is strongly concerned by the fact that certain governments and political parties seek political gain by encouraging hatred and discrimination against Rome people; calls on the Commission to accelerate infringement procedures in this domain, and especially with regard to the segregation of Roma children in schools; expresses its concern that 2018-2019 saw no major improvement in terms of achieving the goals of the National Roma Integration Strategies; points out that ESIF resources often increase the differences between Roma and non-Roma and calls on the Commission to link ESIF resources to the execution of National Roma Integration Strategies in order to strengthen cohesion and to effectively reduce inequalities;
Amendment 412 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Condemns hate crime and hate speech motivated by racism, xenophobia or religious intolerance or prejudice against someone´s political or any other opinion, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status;
Amendment 425 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Condemns the normalisation of hate speech sponsored or supported by authorities, political parties or political leaders and reported by social media that is putting in risk the European values;
Amendment 436 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
Amendment 452 #
2019/2199(INI)
Motion for a resolution
Subheading 3
Subheading 3
Freedoms of expression, information, association and media freedom
Amendment 454 #
2019/2199(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recalls that Article 11 of the Charter of Fundamental Rights grants everyone the right to freedom of expression, including the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers; recalls that Article 12 of the EU Charter of Fundamental Rights enshrines everyone’s right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters; points out that these rights constitute a bedrock of democracy, as they contribute to quality public debate, pluralism and civic participation in democratic processes;
Amendment 456 #
2019/2199(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Condemns attempts by governments to silence media outlets that criticise them and to eliminatealls on Member States to protect and develop a vibrant, independent, pluralist and free media sector; condemns in this respect any measures aimed at silencing critical media and undermining media freedom and pluralism, including in sophisticated ways that do not typically lead to an alert being submitted to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists, such as the buying up of; condemns practices consisting in concentrating commercial media outlets byin government members and their cronies and the hijacking of public service media outlets to serve partisan interests-friendly hands and creating government-controlled bodies federating large parts of a country’s media landscape; calls on the European Commission to examine the compliance of such practices with competition law and to take action where necessary; condemns the hijacking of public service media outlets to serve partisan interests; urges Member States to guarantee the highest level of independence of their media authorities and calls on the European Commission to ensure that national media authorities comply de jure and de facto with EU requirements in terms of independence;
Amendment 458 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the fundamental role of investigative journalism in acting as a watchdog in a democratic society, strengthening public oversight of political actors, including in the domain of corruption; condemns the persistence and increase in many Member States of violence, threats and intimidation against journalists, which often lead to self- censorship and undermine citizens’ right to information; calls on law enforcement authorities to step up their efforts to prevent such violence, threats and intimidation; urges the EU and Member States to urgently take the necessary legal and policy steps to establish a safe environment for journalists to operate and to create a permanent programme and funding to support investigative journalism in the EU; expresses its gravest concerns about the fact that investigations linked to the murder of journalists in the EU progress at a very slow pace; urges law enforcement authorities of the Member States concerned to urgently step up their efforts so as to yield significant results in these cases;
Amendment 467 #
2019/2199(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on public institutions to prevent and penalise attacks on journalists in the exercise of their work because of their language, media or editorial line;
Amendment 510 #
2019/2199(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Recalls the importance of ensuring adequate funding to support civil society activities; in this respect calls on the Council to significantly increase the budget allocated to the Rights and Values programme, including by making available easily accessible direct funding for the operations of civil society organisations defending democracy and human rights.
Amendment 528 #
2019/2199(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to propose an urgent solution to resolve the flagrant cases of human rights violations in reception centres for refugees and migrants on European soil;
Amendment 533 #
2019/2199(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Points out that almost a third of asylum seekers are children and are particularly vulnerable; calls on the EU and its Member States to step up their efforts to prevent unaccompanied minors from going missing and end up being victims of trafficking and sexual exploitation;
Amendment 554 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EU institutions and the Member States to address the “digital gap” derived from the change of social paradigm introduced by the artificial intelligence and ensure the access to public administration and public services of all citizens, in particular those with disabilities, digital deficits or greater vulnerability; stresses that elderly people are one of the most affected groups by the “digital gap”;
Amendment 575 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Regrets the lack of ambitious actions, from the Commission and the Council, regarding the respect of rule of law in the European Union ; calls on the Commission and the Council to make full use of the tools available to address a clear risk of a serious breach of the rule of law and to move forward with the Article 7 on-going procedures and to present the EU mechanism on democracy, the rule of law and fundamental rights, without delay;
Amendment 576 #
Amendment 583 #
2019/2199(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Stresses the importance of ensuring effective prevention of infringements of fundamental rights as a tool to truly protect the rule of law in the EU; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
Amendment 606 #
2019/2199(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Strongly condemns the upsurge in the trafficking of human beings and urges the Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking in human beings, but also exploitation, forced labour, sexual abuse, and torture, all while protecting victims;
Amendment 6 #
2019/2126(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the Commission communication of 11 December 2019 on ‘The European Green Deal’ (COM(2019)0640),
Amendment 19 #
2019/2126(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the Commission has set its commitment to tackle climate and environmental-related challenges as this generation’s defining task in the European Green Deal aiming at making Europe climate-neutral and protecting EU's natural capital;
Amendment 37 #
2019/2126(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the need to reduce the inequalities in the geographical distribution of EIB financing, given that 57% went to six Member States in 2018; calls for the facilitating of a fair and transparent geographical distribution of projects and investment, with a special focus on less- developed regions;
Amendment 45 #
2019/2126(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the increase of provisioning under the Multiannual Financial Framework to be dedicated to advisory services and on the EIB to greatly strengthen the arrangements for providing technical assistance and financial expertise to local and regional authorities before project approval, in order to improve accessibility and involve all Member States;
Amendment 46 #
2019/2126(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the EIB's timely efforts to support the projects it is financing in their implementation stage (by providing experts and support instruments and by producing preparatory studies); asks the EIB and the Commission to work together to draw up proposals for more systematic involvement of the EIB's teams in project implementation in countries which request this, particularly in areas requiring advanced expertise or which are of strategic importance to the Union, such as the fight against climate change;
Amendment 65 #
2019/2126(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the decisions taken on 14 November 2019 by the EIB’s Management Board to align the EIB’s policies with the goal of limiting global warming to a maximum of 1.5°C above pre-industrial levels; recalls that the transformation of the EIB into a Climate Bank can only be achieved if the EIB aligns all its operations with the objectives of the Paris Agreement;
Amendment 95 #
2019/2126(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that, in line with best practices in the commercial banking sector3 , EIB financing should be subject to ambitious scientific objectives and commitments science-based transition plan with clear targets and time-based commitments to align with the Paris Agreement, with a view to phasing out its support to clients whose activities lead to significant GHG emissions; _________________ 3 Crédit Agricole has undertaken to end support for undertakings which develop or plan to develop their activities in the coal sector. Crédit Agricole’s zero tolerance policy applies to all enterprises which develop or plan to develop their activities in the coal sector, ranging from extraction and energy production, to trade and transport.
Amendment 101 #
2019/2126(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the new EIB energy lending policy and the example it sets for other banks; regrets that exceptions are applicable to the approval of gas projects until the end of 2021 and that support for gas projects planned for the transport of low-carbon gases is set to continue; calls for this policy to be reviewed in the medium term (by the start of 2022) to close the gaps in gas infrastructure to bring it in line with the European Sustainable Finance Taxonomy and the European Green Pact, and to be consistent with the development of appropriate new external actions in the EU; stresses the risk to invest in stranded assets via loans to fossil fuel infrastructure; calls, therefore, on the EIB to adopt a cautious approach in terms of support for fossil fuel projects;
Amendment 108 #
2019/2126(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists that the EIB urgently and fully implement the principle of energy efficiency first in all its energy lending, taking into account the impact of energy efficiency on future demand and its contribution to energy security;
Amendment 110 #
2019/2126(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EIB to makeBelieves that the review of itsthe EIB transport lending policy is a key priority; calls for swift adoption of a new transport financing policy to decarbonise the EU transport sector by 2050;
Amendment 140 #
2019/2126(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that, in order to achieve these ambitions, the EIB may need to take further risks, in addition to increasing its own funds and building expertise in innovative financing instruments; calls for the EIB and the EU Member States to ensure it has adequate resources, including appropriate capitalisation, to enable it to use innovative instruments to finance projects with significant potential to produce sustainable, social and innovative gains;
Amendment 153 #
2019/2126(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the EIB, the largest multilateral lender in the world, to maintain its leading role in future EU financing mechanisms for third countries; opposes the recent initiatives to encourage the EIB to be more active in defence and security, migration management and border control;
Amendment 178 #
2019/2126(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. RecommendUnderlines that the EIB recrushould strengthen its human rights specialists pool and extend its local staff in partner countries so that it has a better understanding of local situations and can monitor any abuses;
Amendment 189 #
2019/2126(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that, as recommended in the latest Parliament reports, public summaries are now to be made of Management Board meetings; stresses the need to publish the content of meetings of all the EIB’s governing bodies systematically; calls on the EIB to disclose more details on the outcomes of its Board of Directors votes;
Amendment 192 #
2019/2126(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Asks the EIB to publish all information relating to direct loans subject to the approval of the Management Board, including by publishing for each project the opinion of the Commission and that of the Member State in which the project is located, as well as the Results Measurement (ReM) sheets;
Amendment 198 #
2019/2126(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the EIB to propose a broad transparency strategy covering all the activities of the EIB Group and to review its transparency policy in 2020 in order to ensure the timely publication of more ample information on its financing activities, so as to ensure that its transparency policy is compliant with its climate and environmental commitments;
Amendment 14 #
2019/0161(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Member States whose currency is not the euro and which participate in the exchange rate mechanism (ERM-II) should inform the Commission without delay of whether they intend to participate in the budgetary instrument for convergence and competitiveness or the convergence and reform instrument.
Amendment 16 #
2019/0161(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) At the Union level, the European Semester of economic policy coordination is the framework for the identification of national reform priorities of the Member States and for the monitoring of the implementation of those priorities. This Regulation addresses the need to establish coherence between the reform and investment priorities for the euro area as a whole and the reform and investment objectives of the individual Member States whose currency is the euro, and of ERM II Member States participating on a voluntary basis, and to ensure their consistency with the European Semester.
Amendment 23 #
2019/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) On an annual basis, the Council should set out strategic orientations on the reform and investment priorities for the euro area, as part of the recommendation on the economic policy of the euro area. The strategic orientations should be adopted by the Council acting by qualified majority on a recommendation from the Commission, and after the Eurogroup has discussed the reforms and investment priorities that it considers relevant and appropriate for inclusion therein. The annual Euro Summit will play its role.
Amendment 26 #
2019/0161(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure that strategic orientations reflect the evolving experience of the implementation of the budgetary instrument for convergence and competitiveness, the Commission should, alongside its recommendation on the strategic orientations, as part of its recommendation on the economic policy of the euro area, inform the European Parliament and the Council of how the strategic orientations have been followed during the preceding years.
Amendment 30 #
2019/0161(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Member States whose currency is the euro can decide to submit proposals for reform and investment packages under the budgetary instrument for convergence and competitiveness. To that end, and after having heard the European Parliament, the Council will adopt a Recommendation providing country-specific guidance on the objectives of reforms and investment that can be supported under the budgetary instrument for convergence and competitiveness in Member States whose currency is the euro. This Council Recommendation should be consistent with the strategic orientations adopted under this Regulation, and with the country-specific recommendations that are adopted, in parallel, under the European Semester of economic policy coordination further to discussions, where appropriate, within the relevant Treaty-based committees. The Council Recommendation shall also duly take into account any macroeconomic adjustment programme approved in accordance with the relevant provisions of Regulation (EU) No 472/2013 of the European Parliament and of the Council9 . _________________ 9 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).
Amendment 34 #
2019/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council Recommendation providing country-specific guidance on the objectives of reforms and investment in Member States whose currency is the euro, adopted by qualified majority, should be based on a Commission recommendation. This process should be without prejudice to the voluntary nature of participation of Member States whose currency is the euro in the budgetary instrument for convergence and competitiveness, and without prejudice to the Commission’s prerogatives as regards its implementation. The orientation must be in coherence with the overall Union policies.
Amendment 35 #
2019/0161(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Within the governance framework set out in this Regulation, the Council, after having heard the relevant Committee within the European Parliament, should set out the strategic orientations for the euro area as a whole and provide country- specific guidance on the objectives of reform and investment packages of the individual Member States whose currency is the euro. The governance framework should also make sure that the instrument is coherent with other Union policies. As it would be part of the Union budget, it must be in coherence with the overall Union policies and satisfy budgetary principles and requirements in terms of sound financial management, budgetary control and parliamentary accountability. The Commission implements the Union’s budget under Article 317 TFEU, which includes the management of spending programmes. The Commission responsibilities with regard to the budgetary instrument for convergence and competitiveness [within the Reform Support Programme] under Regulation (EU) XXXX/XX should not be affected.
Amendment 57 #
2019/0161(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. On a recommendation from the Commission and after discussion in the Eurogrouphaving heard the European Parliament, the Council shall establish, as part of the euro-area recommendation and on an annual basis, the strategic orientations for the reform and investment priorities of the euro area.
Amendment 62 #
2019/0161(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Council shall, on a recommendation from the Commission, and after having heard the European Parliament, adopt a recommendation addressed to all Member States whose currency is the euro providing, on an annual basis, country- specific guidance on the reform and investment objectives for the purposes of the reform and investment packages, which Member States may subsequently submit under Regulation (EU) XXXX/XX [Reform Support Programme Regulation].
Amendment 39 #
2018/0902R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas changes brought to the electoral code over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in response to worries over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission for the general elections held 3 April 2022, which is a rare occurrence regarding EU Member States;
Amendment 70 #
2018/0902R(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 74 #
2018/0902R(NLE)
Motion for a resolution
Recital K
Recital K
K. whereas on 5 April 2022, the Commission President announced that Commissioner for Budget Johannes Hahn had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation5 , mainly over corruption concerns; whereas on 27 April 2022, the Commission finally started the formal procedure against Hungary under the Rule of Law Conditionality Regulation by sending a written notification; _________________ 5 Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1.
Amendment 77 #
2018/0902R(NLE)
Ka. whereas on 24th of July 2020 the removal of Hungary’s top independent news portal index.hu editor-in-chief prompted the collective resignation of more than 70 journalists who were denouncing clear interference and governmental pressure on their media outlet; whereas in recent years critical voices have been silenced, most independent outlets have either gone out of business, or have been bought by government allies and received lucrative flows of state advertising;
Amendment 78 #
2018/0902R(NLE)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the consolidation of over 470 media outlets under KESMA (Central European Press and Media Foundation) has had dramatic impacts in terms of shrinking of the space available for independent and opposition media and access to information for the Hungarian citizens; whereas the funds spent for public media and KESMA are essentially used for government propaganda and discrediting the opposition and non- governmental organizations; whereas the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licenses are methods by which the media environment can be skewed in favour of the government and are already exported in other parts in Europe;
Amendment 80 #
2018/0902R(NLE)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas according to the study financed by the European Commission conducted by the European federation of Journalists (EFJ), the Centre for Media Pluralism and Media Freedom (CMPF) at the European University Institute in Florence, Mapping Media Freedom, released in July 2020, the coronavirus crisis had arguably the biggest effect on media freedom in Hungary; whereas the new legislation against the spreading of “false” or “distorted” information, passed during the state of emergency in Hungary, caused uncertainty and self- censorship among media outlets and actors;
Amendment 83 #
2018/0902R(NLE)
Motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. whereas in July 2021 the investigative portal Direkt36 revealed, based on a leaked database, that about 300 Hungarian citizens - among which journalists, lawyers, politicians, businesspeople critical of the government, former state officials- were targeted by the Pegasus spyware of the Israeli NSO Group between 2018 and 2021; whereas these revelations raised concerns about politically motivated surveillance against Hungarian citizens and the abuse of the NSO spyware;
Amendment 94 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas Hungary ranks 69 out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year) and occupies the last place (31 out of 31) in the EU, EFTA, and North America region;
Amendment 97 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas Hungary ranks 73 out of the 180 countries and territories covered by the Transparency International 2021 Corruption Perception Index (down by one place compared to the previous year) and its ranking has been constantly declining since 2012;
Amendment 99 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas Hungary ranks 85 out of the 180 countries and territories covered by the Reporter without Borders 2022 World Press Freedom Index and is listed in the analysis for the Europe -Central Asia region as one of the countries that have intensified draconian laws against journalists;
Amendment 101 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas there is increasing expert consensus that Hungary is no longer a democracy; whereas according to the University of Gothenburg V-Dem Democracy Index 2019, Hungary became the EU’s first ever authoritarian Member State; whereas Hungary was identified as a “hybrid regime,” having lost its status as a “semi-consolidated democracy” in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a "flawed democracy" and ranks 56 out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among the Union members, Hungary and Poland are among the top autocratizers in the world over the last decade;
Amendment 104 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. whereas the Hungarian government continued attacks on academic freedoms; whereas on 31st of August 2020 the management of Hungary’s prestigious University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas a law passed by parliament in 2020 had transferred the ownership of the state-run theatre school to a private foundation whose members have close links to the Orban government; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas in recent years the actions of the government aimed at exerting control over academia and sciences in an effort to root out teaching or scientific research that counter the government’s conservative agenda; whereas another example in this regard is stripping the Academy of Sciences of its autonomy through the controversial bill adopted in July 2019; whereas the EU should act more forcefully in order to safeguard the autonomy of universities in Hungary;
Amendment 107 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. whereas two thirds of the 33 public interest asset management foundations performing public duties (KEKVAs) that have been created by the end of 2021 will manage higher education institutions previously run by the state; whereas civil society and Hungarian independent intellectuals have warned against the massive privatisation in the field of higher education and the threat it poses for freedom of research and teaching;
Amendment 110 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia, which, following amendments proposed by Members from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender- reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and to the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such paedophilia is unacceptable and leads to further discrimination and stigmatisation of sexual minorities;
Amendment 113 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. whereas civil society, and especially public interest non- governmental organizations (NGOs), have been facing increasing pressure in Hungary; whereas, although the government repealed the bill previously declared incompatible with EU law by the ECJ, according to the new law, these organizations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organizations are concerned that the Audit Office, whose main function is to monitor the use of public funds, not private donations, will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state interferes with the autonomy of association of organisations established on the basis of the right of association, the privacy of citizens who stand up for public interest and that it is detrimental to the exercise of freedom of expression and to the democratic public as a whole;
Amendment 213 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, taken together, the facts and trends mentioned in Parliament’s resolutions represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof; strongly condemns the systematic threats to the rule of law, democracy and fundamental rights that have been brought about by the Hungarian government to the detriment of its own people and expresses deep regret that the lack of decisive EU action has contributed to turning Hungary into a hybrid regime of electoral autocracy, according to the relevant indices;
Amendment 219 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regDeplorets the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; stresses that Member States have the obligation to act together and put an end to attacks on core EU values; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned; insists that Parliament’s role and competences be duly respected;
Amendment 220 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Council and the Commission to devote more attention to systemic changes that have been brought about by the government in its systematic dismantling of Rule of Law, as well as to the interplay between the various breaches of EU values identified in its resolutions; underlines that leaving Rule of Law breaches unchecked undermines democratic institutions and eventually affects the human rights and lives of everyone in the country,
Amendment 332 #
2018/0108(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Immunities and privileges, which may refer to categories of persons (such as diplomats, doctors, journalists, etc.) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. Their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the Order, as the issuing authority may only issue the Order if a similar order would be available in a comparable domestic situation. In addition to this basic principle, immunities and privileges which protect access, transactional or content data in the Member State of the service provider should be taken into account as far as possible in the issuing State in the same way as if they were provided for under the national law of the issuing State. This is relevant in particular should the law of the Member State where the service provider or its legal representative is addressed provide for a higher protection than the law of the issuing Stateconfidentiality of sources) or rules relating to freedom of the press and freedom of expression in other media differ according to the applicable national law and should be taken into account at the time of issuing the Order. The provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that Member State such as national security and defence. As an additional safeguard, these aspects should be taken into account not only when the Order is issued, but also later, when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings, and if an enforcement procedure takes place, by the enforcing authority.
Amendment 383 #
2018/0108(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In addition, during the enforcement procedure and subsequent legal remedy, the addressee may oppose the enforcement of a European Production or Preservation Order on a number of limited grounds, including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or is manifestly abusive. For example, an Order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a European Production Order.
Amendment 395 #
2018/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union, to produce or preserve electronic evidence, regardless of the location of data, besides mutual legal assistance procedures or Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. This Regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures for entirely domestic situations.
Amendment 398 #
2018/0108(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 of the TEU, including the rights of defence of persons subject to criminal proceedings, and any obligations incumbent on law enforcement or judicial authorities in this respect shall remain unaffected. Any rights of, or obligations incumbent on, service providers concerning the security, encryption, or general and indiscriminate retention of data shall also remain unaffected.
Amendment 460 #
2018/0108(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘emergency cases’ means situations where there is an imminent threat to life or physical integrity of a person or to a critical infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC46 . _________________ 46Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 34523.12.2008. p 75).
Amendment 461 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. This Regulation shall not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
Amendment 463 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European Production Orders and European Produceservation Orders may only be issued for criminal proceedings, both during the pre-trial and trial phase. The Orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing State.
Amendment 465 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Electronic evidence shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 466 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The Orders provided for by this Regulation shall not be issued to obtain data protected under the law of a Member State by immunities and privileges. Such protected data, which was unintentionally obtained through the Orders provided for by this Regulation, shall not be admissible as evidence.
Amendment 468 #
2018/0108(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union may issue European Preservation Orders and may not issue European Production Orders.
Amendment 489 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Production Order shall be necessary and proportionate for the purpose of the proceedings referred to in Article 3 (2)limited to data pertaining to individual persons with a direct link to the proceedings referred to in Article 3 (2), be necessary and proportionate for the purpose of those proceedings, and may only be issued if a similar measure would be available for the same criminal offence in a comparable domestic situation in the issuing State.
Amendment 490 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. European Production Orders to produce subscriber data or access data for the sole purpose of determining the identity of individual persons with a direct link to the proceedings referred to in Article 3 (2) may be issued for all criminal offences.
Amendment 499 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. European Production Orders to produce subscriber data, access data, transactional data or content data may only be issuedfor all other purposes may only be issued in emergency cases, or if (a) the individual person, whose data is being requested, is residing in the issuing State, and (b) the place where the crime was committed or where the effects of the offence to a relevant degree materialised is in the issuing State.
Amendment 500 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
Amendment 506 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
Amendment 508 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point c
Article 5 – paragraph 4 – point c
Amendment 512 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) the individually identifiable persons whose data is being requested, except where the sole purpose of the order is to identify a person;
Amendment 516 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) if applicable, the time range requested to be produced, tailored as narrowly as possible;
Amendment 520 #
2018/0108(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point i
Article 5 – paragraph 5 – point i
(i) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
Amendment 528 #
2018/0108(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. It mashall be limited to data pertaining to individual persons with a direct link to the proceedings referred to in Article 3 (2) and may only be issued where necessary and proportionate to prevent the removal, deletion or alteration of those data in view of a subsequent request for production of this data via mutual legal assistance, a European Investigation Order or a European Production Order. European Preservation Orders to preserve data may be issued for all criminal offences.
Amendment 530 #
2018/0108(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the individually identifiable persons whose data shall be preserved, except where the sole purpose of the order is to identify a person;
Amendment 533 #
2018/0108(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
(e) if applicable, the time range requested to be preserved, tailored as narrowly as possible;
Amendment 534 #
2018/0108(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point g
Article 6 – paragraph 3 – point g
(g) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
Amendment 567 #
2018/0108(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 581 #
2018/0108(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Notification and Verification 1. In cases where the European Production Order concerns transactional data or content data, the issuing authority shall submit a copy of the EPOC to the enforcing authority at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The enforcing authority may verify, on its own initiative or at the request of the addressee, whether the European Production Order meets the conditions laid down in Articles 3, 4 and 5. It may also consult the issuing authority on the matter and request further clarifications. After that consultation, the issuing authority may decide to withdraw or adapt the EPOC. In the event of withdrawal or adaptation, the issuing authority shall immediately inform the addressee. 3. Where the enforcing authority verifies the European Production Order and, after consulting the issuing authority, concludes that the European Production Order does not meet the conditions laid down in Articles 3, 4 and 5, it shall instruct the addressee not to execute the EPOC. The enforcing authority shall inform the issuing authority of its reasoned objection, including all relevant details, without undue delay. 4. The procedures laid down in paragraphs 1 and 2 shall not have suspensive effect on the obligations of the addressee under this Regulation.
Amendment 586 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. UIn cases where the European Production Order concerns subscriber data or access data, upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 3 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure. In cases where the European Production Order concerns transactional data or content data, upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
Amendment 608 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If tThe addressee canshall not comply with its obligation becauseif the EPOC is incomplete, contains manifest errors or, does not contain sufficient information to execute the EPOC, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and inform the issuing authority referred to in the EPOC without undue delay and ask for clarification, using the Form set out in Annex III. It shall inform the issuing authority whether an identification and preservation was possible as set out in paragraph 6. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1 and 2 shall not apply until the clarification is provided.
Amendment 615 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 622 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The addressee shall preserve the data requested, if it does not produce it immediately, unless the information in the EPOC does not allow it to identify the data requested, in which case it shall seek clarification in accordance withDuring the procedures laid down in paragaraph 3. The preservation shall be upheld until the data is produced, whether it is on the basis of the clarified European Production Order and its Certificate or through other channels, such as mutual legal assistance. If the production of data and its preservation is no longer necessary, the issuing authority and where applicable pursuant to Article 14(8) the enforcing authority shall inform the addressee without undue delays 1 to 5, the service provider shall preserve the data requested, unless the request is not limited to individual persons.
Amendment 624 #
2018/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. Without prejudice to paragraphs 1 to 6, where the service provider has substantial grounds to believe that an EPOC does not meet the conditions laid down in this Regulation, the service provider may request the enforcing authority to verify the EPOC pursuant to the procedures laid down in Article 8a (2).
Amendment 626 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless. However, the preservation shall be continued for a maximum of 60 additional days, if the issuing authority confirms within the first 60 days that the subsequent request for production has been launched.
Amendment 643 #
2018/0108(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. If tThe addressee canshall not comply with its obligation becauseif the Certificate is incomplete, contains manifest errors or does not contain sufficient information to execute the EPOC-PR, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and inform the issuing authority set out in the EPOC-PR without undue delay and ask for clarification, using the Form set out in Annex III. The issuing authority shall react expeditiously and within 5 days at the latest. The addressee shall ensure that on its side the needed clarification can be received in order to fulfil its obligation set out in paragraph 1.
Amendment 669 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not to obstruct the relevant criminal proceedings. As long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, and taking due account of the impact of the measure on the fundamental rights of the person whose data is sought, the issuing authority may request the addressee to refrain from informing the person whose data is being sought.
Amendment 682 #
2018/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the issuing authority does not requested the addressee to refrain from informing the person whose data is being sought, or where informing the person whose data is being sought would no longer obstruct the relevant criminal proceedings, the issuing authority shall inform the person whose data is being sought by the EPOC or EPOC-PR without undue delay about the data production. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings or preservation.
Amendment 699 #
2018/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The service provider may claim reimbursement of their costs by the issuing State, if this is provided by the national law of the issuing State or the enforcing State for domestic orders in similar situations, in accordance with these national provisions. The service provider may choose whether it wants to be reimbursed pursuant to the national provisions of the issuing State or of the enforcing State. Member States shall inform the Commission about their rules for reimbursement and the Commission shall make them public.
Amendment 702 #
2018/0108(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1.Service providers shall not be held liable for lawful compliance with an EPOC or EPOC-PR. 2. Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. 3. When determining in the individual case the appropriate pecuniary sanction, the competent authorities shall take into account all relevant circumstances, such as the nature, gravity and duration of the breach, whether it was committed intentionally or through negligence, whether the service provider was held responsible for similar previous breaches and the financial strength of the service provider held liable. Particular attention shall, in this respect, be given to micro enterprises that fail to comply with an Order in an emergency case due to lack of personal resources ouside normal buisness hours, if the data is transmitted without undue delay.
Amendment 709 #
2018/0108(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Upon receipt, the enforcing authority shall without further formalities recognise a European Production Order or European Preservation Order transmitted in accordance with paragraph 1 and shall take the necessary measures for its enforcement, unless the enforcing authority considers that one of the grounds provided for in paragraphs 4 or 5 apply or that the data concerned is protected by an immunity or privilege under its national law or its disclosure may impact its fundamental interests such as national security and defencethe conditions laid down in Articles 3, 4 or 5 are not met. The enforcing authority shall take the decision to recognise the Order without undue delay and no later than 5 working days after the receipt of the Order.
Amendment 710 #
2018/0108(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the enforcing authority recognises the Order, it shall formally require the addressee to comply with the relevant obligation, informing the addressee of the possibility to oppose the enforcement by invoking the grounds listed in paragraphs 4 or 5, as well as the applicable sanctions in case of non- compliance, and set a deadline for compliance or opposition.
Amendment 712 #
2018/0108(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 715 #
2018/0108(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 719 #
Amendment 733 #
Amendment 736 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Suspects and accused persAnyonse whose data was obtainedsought via a European Production Order or a European Preservation Order shall have the right to effective remedies against the European Production Order during the criminal proceedings for which the Order was issued,issuing State and the enforcing State without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.
Amendment 739 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 743 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Such right to an effective remedy shall be exercised before a court in the issuing State and the enforcing State in accordance with its national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality.
Amendment 746 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Without prejudice to Article 11, the issuing authority and the enforcing authority shall take the appropriate measures to ensure that information is provided about the possibilities under national law for seeking remedies and ensure that they can be exercised effectively.
Amendment 747 #
2018/0108(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. Without prejudice to national procedural rules, Member States shall ensure that in criminal proceedings in the issuing State and the enforcing State the rights of the defence and the fairness of the proceedings are respected when assessing evidence obtained through the European Production Order.
Amendment 752 #
2018/0108(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
If transactional or content data obtained by the European Production Order is protected by immunities or privileges granted under the law of the Member State of the addressee, or it impacts fundamental interests of that Member Statmpacts fundamental interests of the Member State of the addressee such as national security and defence, the court in the issuing State shall ensure during the criminal proceedings for which the Order was issued that these grounds are taken into account in the same way as if they were provided for under their national law when assessing the relevance and admissibility of the evidence concerned. The court may consult the authorities of the relevant Member State, the European Judicial Network in criminal matters or Eurojust.
Amendment 769 #
2018/0108(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The Commission shall, by 30 June of each year, publish a report containing the data referred to in paragraph 2.
Amendment 779 #
2018/0108(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Relationship to European Investigation Orders and Mutual Legal Assistance Procedures
Amendment 781 #
2018/0108(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States’ authorities may continue to issueuse also European Investigation Orders in accordance with Directive 2014/41/EU and mutual legal assitance procedures for the gathering of evidence that would also fall within the scope of this Regulation.
Amendment 785 #
2018/0108(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
By [53 years from the date of application of this Regulation] at the latest, the Commission shall carry out an evaluation of the Regulation and present a report to the European Parliament and to the Council on the functioning of this Regulation, which shall include an assessment of the need to enlarge or reduce its scope. If necessary, the report shall be accompanied by legislative proposals. The evaluation shall be conducted according to the Commission's better regulation guidelines. Member States shall provide the Commission with the information necessary for the preparation of that Report.
Amendment 12 #
2017/0360R(NLE)
Motion for a resolution
Citation 22
Citation 22
— having regard to the four infringement procedures launched by the Commission against Poland in relation to the reform ofchanges to the Polish judicial system, of which the first two resulted in judgments of the Court of Justice finding violations of the second subparagraph of Article 19(1) of the Treaty on European Union enshrining the principle of effective judicial protection, while the two other procedures are still pending,
Amendment 21 #
2017/0360R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas, in contrast to Article 258 of the Treaty on the Functioning of the European Union, the scope of Article 7 of the Treaty on European Union is not limited to the obligations under the Treatiescomprises all foundational principles of the European Union referred to in Article 2 of the Treaty on European Union, as indicated in the Commission Communication of 15 October 2003, and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;
Amendment 24 #
2017/0360R(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Underlines that the Member States of the European Union have, in accordance with Article 49 of the Treaty on European Union, freely and voluntarily committed themselves to the common values referred to in Article 2 of the Treaty on European Union;
Amendment 48 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary and, preventive and binding Union mechanism on democracy, the rule of law and fundamental rights as put forward by Parliament in its resolution of 25 October 2016;
Amendment 81 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal when constitutional review was still effective; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; _________________ 23Regulation (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). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
Amendment 84 #
2017/0360R(NLE)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 85 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that while the organisation of the justice system is a national competence; reiterates that, all the same,in the Member States falls within their competence, the Member States are required to comply with their obligations under Union law when exercising this competence, as repeatedly held by the CJEU; reiterates that national judges are essentially also European judges, applying Union law, which is the reason why the Union, including the CJEU, has to watch over the independence of the judiciary in all the Member States as one of the exigencies of the rule of law and as laid down inmaking their independence a common concern for the Union, including the Court of Justice; calls on the Polish authorities to uphold and maintain the independence of Polish courts; calls on the Commission and the Council to take all necessary measures to ensure that Polish courts remain independent and are able to ensure effective judicial protection as required by Article 19 TEU and Article 47 of the Charter;
Amendment 90 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016 seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefore declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal, its current unlawful composition and its active role in preventing compliance with the preliminary ruling of the Court of Justice of 19 November 2019; _________________ 25Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
Amendment 100 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the CJEU found in its judgment of 24 June 201928 that lowering the retirement age of sitting judges of the Supreme Court is contrary to Union law and breaches the principle of the irremovability of judges and thus that of judicial independence, after it had earlier granted the Commission’s request for interim measures on the matter by order of 17 December 201829 ; notes that the Polish authorities passed an amendment to the act on the Supreme Court in order to comply with the CJEU’s Order, the only instance so far in which they undid a reform ofchanges to the justice system following a decision by the CJEU; _________________ 28Judgment of the Court of Justice of 24 June 2019, Commission v Poland, C- 619/18, ECLI:EU:C:2019:531. 29Order of the Court of Justice of 17 December 2018, Commission v Poland, C- 619/18 R, ECLI:EU:C:2018:1021.
Amendment 110 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that it is up to the Member States to establish a council for the judiciary, but that, where such council is established, its independence must be guaranteed in line with European standards and the constitution; recalls that, following the 2017-2018 reform of the NCJ, the body responsible for safeguarding the independence of the courts and judges in accordance with Article 186(1) of the Polish Constitution, the judicial community in Poland lost the power to delegate representatives to the NCJ, and hence its influence on recruitment and promotion of judges; recalls that before the 2017 reform, 15 out of 25 members of the NCJ were judges elected by their peers, while since the 2017 reform, those judges are elected by the Polish Sejm; strongly regrets that, taken in conjunction with the immediate replacement in early 2018premature termination in early 2018 of the mandates of all the members appointed under the old rules, this measure led to a far-reaching politicisation of the NCJ34 ; _________________ 34Consultative Council of European Judges, Opinions of the Bureau of 7 April 2017 and 12 October 2017; OSCE/ODIHR, Final Opinion on Draft Amendments to the Act of the NCJ, 5 May 2017; Venice Commission, Opinion of 8-9 December 2017, p. 5-7; GRECO, Ad hoc Report on Poland (Rule 34) of 19-23 March 2018 and Addendum of 18-22 June 2018; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, paras 42 and 61.
Amendment 118 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May8 December 20117 on the NCJ and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
Amendment 125 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Deplores the abuse of disciplinary proceedings against judges and prosecutors in Poland; is deeply concerned by the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya; is similarly concerned by the disciplinary proceedings initiated against other judges, including Krystian Markiewicz, Chairperson of the Polish Judges’ Association “Iustitia”, and Paweł Juszczyszyn; calls on Polish authorities to stop using disciplinary proceedings to disguise politically motivated reprisals against specific judges and prosecutors for applying EU law or their public defence of the rule of law in Poland;
Amendment 133 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Concurs with the Commission, the Parliamentary Assembly of the Council of Europe and, the Group of States against Corruption and the United Nations Special Rapporteur on the independence of judges and lawyers that the aforementioned separate reformchanges to the judicial system, considering their interaction and overall impact, amount to a serious, sustained and systemic breach of the rule of law, enabling the legislative and executive powers to influence the functioning of the judiciary in a critical manner, thereby significantly weakening the independence of the judiciary in Poland43 ; _________________ 43Recommendation (EU) 2018/103; condemns the destabilizing impact on the Polish legal order of the measures taken and appointments made since 2016; _________________ 43Recommendation (EU) 2018/103; United Nations, Special Rapporteur on the independence of judges and lawyers, Statement of 25 June 2018; GRECO, Follow-up to the Addendum to the Fourth Round Evaluation Report (rule 34) – Poland, 6 December 2019, para. 65; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 4.
Amendment 142 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Is concerned that, since the entry into force on 14 February 2020 of the amendments to the act on the Supreme Court, only the Extraordinary Chamber, whose independence and impartiality itself is in question, can decide whether a judge or tribunal or court is independent and impartial, hence depriving citizens of an important element of judicial review at all other instances45 ; _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59; recalls that according to the case law of the Court of Justice, the right to a fair trial obliges every court to check of its own motion whether it fulfils the criteria of independence and impartiality; 45a _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59. 45aJudgment of the Court of Justice of 26 March 2020, Simpson v Council and HG v Commission, Joined Cases C-542/18 RX-II and C-543/18 RX-II, ECLI:EU:C:2020:232, para 57.
Amendment 155 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Expresses concern over use and threat of libel litigation against academics and the Polish Ombudsman; calls on Polish authorities to respect freedom of speech and academic freedom; denounces attempts to silence the Polish Ombudsman, an independent institution enshrined in the Polish Constitution;
Amendment 228 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; notes the lack of any improvement in the situation of LGBTI people in Poland since;
Amendment 235 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured; considers the threat to the uniformity of the Union legal order posed by rule of law deconsolidation in Poland to be particularly serious;
Amendment 241 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in honest dialogue with the Commission; calls on the Polish government to swiftly and fully implement the rulings of the CJEU and to respect the primacy of Union law;