951 Amendments of Erik MARQUARDT
Amendment 5 #
2023/2183(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the implementation of the European Development Funds (EDFs) concerns countries that are facing aggravating impacts of climate change, biodiversity loss and food insecurity and are weakened by the consequence of the COVID pandemic, Russia’s war in Ukraine, as well as rising debt and humanitarian crisis; insists, therefore, that the remaining projects under the EDFs should focus on advancing the implementation of the Sustainable Development Goals;
Amendment 10 #
2023/2183(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Council’s decision1 which allocated EUR 600 million from de- committed projects under the 10th and 11th EDFs for the purpose of financing actions addressing the food security crisis and economic shock in ACP countries following Russia’s war of aggression against Ukraine; insists that these funds must ensure further support to local small-scale farming as well as agroeocological practices and sustainable fisheries methods as they allow food sovereignty of local communities, making them less dependent on the fluctuations in the global food and agriculture market; encourages the Member States to follow the same approach of re- allocating any de- committed EDF to address the most urgent needs in the ACP countries. _________________ 1 Council Decision EU 2022/1223
Amendment 5 #
2023/2129(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Is alarmed about the rising number of crises worldwide and, the highest-ever humanitarian funding gap and increasing inequalities between and within countries; is worried that Neighbourhood, Development and International Cooperation Instrument (NDICI) - Global Europe (GE) is stretched to its limits and is not sufficient to address existing needs;
Amendment 5 #
2023/2129(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Is alarmed about the rising number of crises worldwide and, the highest-ever humanitarian funding gap and increasing inequalities between and within countries; is worried that Neighbourhood, Development and International Cooperation Instrument (NDICI) - Global Europe (GE) is stretched to its limits and is not sufficient to address existing needs;
Amendment 11 #
2023/2129(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that 2022 was the first full year of the implementation of the Global Gateway strategy; underlines that actions bringing together public and private investment must always be guided by development objectives; calls for more transparency and Parliament’s involvement in strategic choices involving Union fundsbe limited in areas where they can add value to the local economy and be consistent with the SDGs, the Paris Agreement and national development objectives; calls for more transparency, regular assessments of the Global Gateway implementation and Parliament’s involvement, beyond a simple observer role, in strategic choices involving Union funds in respect of the scrutiny role of the European Parliament of the NDICI-Global Europe, which is the main source of financing of the Global Gateway; calls on the Commission to set a clear and transparent accountability mechanism of implementation of the strategy and to demonstrate clear rationale for the use of development finance for the projects branded under the Global Gateway strategy; insists that Global Gateway should not only align with the EU interestpriorities but also with the needs of partner countries and contribute to the achievement of the SDGs;
Amendment 11 #
2023/2129(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that 2022 was the first full year of the implementation of the Global Gateway strategy; underlines that actions bringing together public and private investment must always be guided by development objectives; calls for more transparency and Parliament’s involvement in strategic choices involving Union fundsbe limited in areas where they can add value to the local economy and be consistent with the SDGs, the Paris Agreement and national development objectives; calls for more transparency, regular assessments of the Global Gateway implementation and Parliament’s involvement, beyond a simple observer role, in strategic choices involving Union funds in respect of the scrutiny role of the European Parliament of the NDICI-Global Europe, which is the main source of financing of the Global Gateway; calls on the Commission to set a clear and transparent accountability mechanism of implementation of the strategy and to demonstrate clear rationale for the use of development finance for the projects branded under the Global Gateway strategy; insists that Global Gateway should not only align with the EU interestpriorities but also with the needs of partner countries and contribute to the achievement of the SDGs;
Amendment 15 #
2023/2129(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to speed up progress on achieving the NDICI-GE spending targets for human development, gender, biodiversity and climate objectives; is worried, in particular, about the Commission’ capacity to ensure reaching the Instrument’s climate target andof 30% and the biodiversity target of 10% for 2026 and 2027; recalls that the loss of biodiversity and ecosystem services will undermine progress in approximately 80 % of the SDGs targets and that climate change will increasingly put pressure on food production and access, especially in vulnerable regions, undermining nutrition and food security; calls for concrete actions outlining how the climate and biodiversity target iss are going to be met; recalls the commitment set out to ensure a strong gender perspective and mainstreaming implementing the EU Gender Action Plan III;
Amendment 15 #
2023/2129(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the need to speed up progress on achieving the NDICI-GE spending targets for human development, gender, biodiversity and climate objectives; is worried, in particular, about the Commission’ capacity to ensure reaching the Instrument’s climate target andof 30% and the biodiversity target of 10% for 2026 and 2027; recalls that the loss of biodiversity and ecosystem services will undermine progress in approximately 80 % of the SDGs targets and that climate change will increasingly put pressure on food production and access, especially in vulnerable regions, undermining nutrition and food security; calls for concrete actions outlining how the climate and biodiversity target iss are going to be met; recalls the commitment set out to ensure a strong gender perspective and mainstreaming implementing the EU Gender Action Plan III;
Amendment 18 #
2023/2129(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission to stick to the 10% indicative migration target of NDICI and to refrain from further increasing migration related spending compared to the reported 14% in November 2022; regrets the modus operandi of the Commission in its management of external migration budget lines, notably the absence of fundamental rights impact assessments prior to migration projects in third countries, absence of publicly available overviews of budgets and projects and the Commission´s systematic refusal by to provide the European Parliament with budgetary migration related spending overviews per country and MOCADEM related documentation, despite several formal requests and commitments under the Framework Agreement on relations between the European Parliament and the Commission; urges the Commission to significantly improve these practices with immediate effect, notably by performing an independent external evaluation of migration related spending under NDICI, with a focus on EU legal obligations related to human rights and development spending;
Amendment 18 #
2023/2129(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission to stick to the 10% indicative migration target of NDICI and to refrain from further increasing migration related spending compared to the reported 14% in November 2022; regrets the modus operandi of the Commission in its management of external migration budget lines, notably the absence of fundamental rights impact assessments prior to migration projects in third countries, absence of publicly available overviews of budgets and projects and the Commission´s systematic refusal by to provide the European Parliament with budgetary migration related spending overviews per country and MOCADEM related documentation, despite several formal requests and commitments under the Framework Agreement on relations between the European Parliament and the Commission; urges the Commission to significantly improve these practices with immediate effect, notably by performing an independent external evaluation of migration related spending under NDICI, with a focus on EU legal obligations related to human rights and development spending;
Amendment 21 #
2023/2129(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Questions the large-scale tapping of the cushion within the NDICI-GE; deplores the Commission’s failure to always notify Parliament before the cushion is mobilised, undermining Parliament’s right of scrutiny and impeding the Commission from fully taking into consideration its observations on the nature, objectives and financial amounts envisaged;
Amendment 21 #
2023/2129(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Questions the large-scale tapping of the cushion within the NDICI-GE; deplores the Commission’s failure to always notify Parliament before the cushion is mobilised, undermining Parliament’s right of scrutiny and impeding the Commission from fully taking into consideration its observations on the nature, objectives and financial amounts envisaged;
Amendment 22 #
2023/2129(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. AppreciatStresses the role of local NGOs and partners in service delivery and support to local communities; underlines the importance of enhancing their capacity to manage and implement actions financed by the EU and invites the Commission to facilitate adequate training towards this aim; is concerned about the continued difficulties faced by small local NGOs to access Union funding; encourages the Commission to improve these funding procedures and to systematically prioritise local NGOs in order to provide better capacity-building on the ground;
Amendment 22 #
2023/2129(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. AppreciatStresses the role of local NGOs and partners in service delivery and support to local communities; underlines the importance of enhancing their capacity to manage and implement actions financed by the EU and invites the Commission to facilitate adequate training towards this aim; is concerned about the continued difficulties faced by small local NGOs to access Union funding; encourages the Commission to improve these funding procedures and to systematically prioritise local NGOs in order to provide better capacity-building on the ground;
Amendment 27 #
2023/2129(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the important role ofRecalls the obligation under the NDICI Regulation for 93% of the Instrument funding to be compliant with the official development assistance (ODA); calls for a cautious approach to blending and public-private partnershipriteria as established by the OECD; recalls that blending and public-private partnerships cannot guarantee universal access to, or replace public investments in fields, such as education or health, social protection or health, that provide crucial long-term prospects for the graduation from poverty;
Amendment 27 #
2023/2129(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the important role ofRecalls the obligation under the NDICI Regulation for 93% of the Instrument funding to be compliant with the official development assistance (ODA); calls for a cautious approach to blending and public-private partnershipriteria as established by the OECD; recalls that blending and public-private partnerships cannot guarantee universal access to, or replace public investments in fields, such as education or health, social protection or health, that provide crucial long-term prospects for the graduation from poverty;
Amendment 30 #
2023/2129(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for ex ante assessments to determine the possible implications and risks of EU programs with regard to human rights, especially in projects dealing with tourism and biodiversity protection, as well as in refugee and diaspora-focused programs;
Amendment 30 #
2023/2129(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for ex ante assessments to determine the possible implications and risks of EU programs with regard to human rights, especially in projects dealing with tourism and biodiversity protection, as well as in refugee and diaspora-focused programs;
Amendment 33 #
2023/2129(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Asks the Commission to guarantee that EU funding programs are not linked to cases of transnational repression, affecting refugees, asylum seekers, and naturalized citizens in the EU;
Amendment 33 #
2023/2129(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Asks the Commission to guarantee that EU funding programs are not linked to cases of transnational repression, affecting refugees, asylum seekers, and naturalized citizens in the EU;
Amendment 34 #
2023/2129(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission and Member States for a suspension or modulation of EU funding programs that (in)directly contribute to human rights violations, with particular regard to the rights of IPLCs, including their right to self-determination, land, free assembly, and free, prior and informed consent;
Amendment 34 #
2023/2129(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission and Member States for a suspension or modulation of EU funding programs that (in)directly contribute to human rights violations, with particular regard to the rights of IPLCs, including their right to self-determination, land, free assembly, and free, prior and informed consent;
Amendment 30 #
2023/2075(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas according to the World Health Organisation, climate change, air pollution and non-communicable diseases represent some of the most serious threats to global health;
Amendment 36 #
2023/2075(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the COVID-19 pandemic has exposed insufficient investment in the Health Care Workforce and shown how unprepared health systems were to respond to a global health crisis;
Amendment 39 #
2023/2075(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Amendment 43 #
2023/2075(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the Agreement on Trade Related Investment Measures (TRIMS) and other investment rules, which are part of the Free Trade Agreements (FTAs), also compromise the efforts of many developing countries to achieve self- sufficiency in manufacturing of medical products by making the application of many local production stimulation tools like local content rule, export obligation, etc. as illegal;
Amendment 54 #
2023/2075(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the surge in post-acute infection syndromes (PAIS) following COVID-19 infections; recalls that PAIS also occur following other bacterial, viral and parasitic infections, including mononucleosis, Lyme disease, Ebola, polio and influenza; recalls that the pathogenesis of PAIS is linked to chronic fatigue syndrome (ME/CFS), in the context of 65 million people suffering from long COVID to date, as well as reinfection pressure and upcoming pandemics; is concerned that the global health strategy addresses neither the post-acute sequelae of SARS-CoV-2 nor PAIS in general; recalls that many countries, especially those on the African continent, are still having major difficulties in accessing the health technologies used to fight not only the coronavirus but also other diseases; emphasises that the universal access to health depends among others on the ability of developing countries to build up their own production capacities and develop local know-how; in this respect, stresses that Intellectual Property Rights undoubtedly constitute a barrier to access to vaccines; urges the EU to support developing countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in TRIPs agreements, notably compulsory licencing and parallel import; calls for the EU, with a view to lessons learned from the pandemic, to make PAIS a priority and to develop an EU strategy for PAIS, comparable to Europe’s beating cancer plan and the EU strategy on mental health, and to extend the PAIS strategy to global health security, including in the implementation of the global health strategy;
Amendment 60 #
2023/2075(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that guiding principle 2 of the global health strategy aims to ensure that innovative vaccines, treatments and diagnostics for new, prevalent or neglected infectious and non-communicable diseases are developed and used, including through funding from Horizon Europe and the EU- Africa Global Health European and Developing Countries Clinical Trials Partnership (EDCTP3) for research, capacity building and strengthening the regulatory environment in sub-Saharan Africa; calls for Team Europe to implement this approach, with a focus on non-communicable diseases. calls on the EU to support investment in health education and skills in developing countries, as well as regional cooperation, such as the African Continental Free Trade Area (AfCFTA) which have the potential advantages of establishing regional value chains to enable small economies in the region to collectively build the productive capability;
Amendment 63 #
2023/2075(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that health is a prerequisite for human development, which implies mobilizing additional public funds to guarantee Universal Health Coverage; stresses that the delivering of “horizontal health” through an holistic and rights-based approach entails i.a. to fully address the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty), along the line of “One Health” approach;
Amendment 71 #
2023/2075(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes with deep concern that pollutants in the environment have a massive impact on global health, especially for low- and middle-income countries (LMICs); calls on the EU to assist developing countries, notably the LMICs and LDCs, to prioritize disease prevention, through investment in the management of pollution, including through strategies on access to clean energies, clean and efficient transport, control of industrial emissions, the sound use of chemicals, as it is a highly cost- effective strategy for enhancing population health, reducing the burden on limited health resources and advancing national development;
Amendment 9 #
2023/2029(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
– having regard to the OECD guidelines of June 2023 “clarifying the ODA eligibility of migration-related activities”,
Amendment 10 #
2023/2029(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
– having regard to its resolution of 19 May 2021 on human rights protection and the EU external migration policy1a , _________________ 1a OJ C 15, 12.1.2022, p. 70
Amendment 11 #
2023/2029(INI)
Motion for a resolution
Citation 21 c (new)
Citation 21 c (new)
– having regard to its resolution of 25 March 2021 on a new EU-Africa Strategy – a partnership for sustainable and inclusive development1b, _________________ 1b OJ C 494, 8.12.2021, p. 80
Amendment 18 #
2023/2029(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Instrument is to be implemented through a mix of modalities including bilateral cooperation, grants to a diversity of partners and an investment framework; whereas the Instrument’s external investment framework brings together blended finance and guarantees under the European Fund for Sustainable Development Plus (EFSD+) External Action Guarantee (EAG), which is to be implemented by eligible partners in an open and collaborative approach, with a specific role for the European Investment Bank (EIB);
Amendment 19 #
2023/2029(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EU action on development has its legal basis in the Treaties and the 2017 European Consensus on Development and is guided by the 2030 Agenda for Sustainable Development, and the Instrument should be used following the principles, approaches and commitments of these frameworks; whereas achieving Agenda 2030 with the SDGs at its core is one of the main objectives of the Instrument and no country is on track to achieve all of the SDGs by 2030; whereas 93% of the Instrument should be allocated as Official Development Assistance and should therefore support initiatives that focus on poverty and inequalities reduction, in particular gender inequalities and whose main objective is the promotion of the long-term sustainable development of third countries, as well as comply with development effectiveness principles such as country ownership and transparency and accountability to the public;
Amendment 27 #
2023/2029(INI)
Motion for a resolution
Recital C
Recital C
C. whereas due to limited resources, the external financing instruments have often been stretched to their limits; whereas, since the adoption of the Regulation establishing the Instrument, events such as the Russian war of aggression against Ukraine (which worsened food crisis in the world and triggered a food,n energy and cost of living crisis) and the impact of the COVID-19 pandemic have exacerbated the situation to such a degree that an early mid-term evaluation (MTE) of the Instrument and a mid-term revision (MTR) of the multiannual financial framework (MFF) are necessary;
Amendment 30 #
2023/2029(INI)
Motion for a resolution
Recital D
Recital D
D. whereas project implementation under the Instrument cannot yet be evaluated fully, as it is still in its early stages; whereas the MTE expected in 2024 should assess whether the Instrument promotes human rights and contributes to poverty and inequalities reduction and the promotion of the long-term sustainable development of third countries and is allocated based on third countries’ needs and development strategies;
Amendment 35 #
2023/2029(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Instrument should be used to ensure a fair green transition, promoting local added values and respecting the “do no significant harm principle”;
Amendment 37 #
2023/2029(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas, nonetheless, the Global Gateway’s focus on the EU’s geopolitical objectives cannot imply diversion of the Instrument’s ODA towards the EU’s immediate domestic and economic interests at the expense of long-term sustainable development in partner countries;
Amendment 39 #
2023/2029(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the 2019 Global Assessment of Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) provides evidence that the current negative trends in biodiversity and ecosystems will undermine progress towards 80% of assessed SDG targets relating to poverty, hunger, health, water, cities, climate, oceans and land; whereas the climate and biodiversity crises are intertwined and need to be addressed in tandem and coherently;
Amendment 40 #
2023/2029(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the latest report of the independent UN Fact-finding mission on Libya calls on the international community and all countries to cease all direct and indirect support to Libyan actors involved in crimes against humanity and gross human rights violations against migrants, such as the Directorate for Combating Illegal Migration, the Stability Support Apparatus and the Libyan Coast Guard; whereas nevertheless the Commission continues to fund projects on border management in Libya through the Multi Country Migration Programme in the Insrtument;
Amendment 42 #
2023/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the need to review the EU’s external and development policies in the light of geopolitical changes; recognises the enhanced importance of strategic partnerships with partner countries and the specific role of EU investments, which have to reflect both the interests of the EUthe funding gap and increasing inequalities between and within countries; recognises the impact of geopolitical changes and the enhanced importance of strategic partnerships with partner countries; stresses the need for the review to assess whether the Instrument is contributing to the reduction of poverty and inequalities reduction and the promotion of human rights as well as the long-term sustainable development of third countries, and whether interests of our partnerts resources are being allocated based on third countries’ needs and development strategies;
Amendment 51 #
2023/2029(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reaffirms its unwavering support for Ukraine; stresses, however, that this support should not come at the expense of other partners and third countries, whose EU funding should not be cutbe increased in line with the needs of their populations ; calls, therefore, for a thorough evaluation of the Instrument’s resources, which should also assess whether they are sufficient to meet the Instrument’s objectives as per the Regulation;
Amendment 58 #
2023/2029(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the consolidation of most of the EU’s external action in a single Instrument, gradually streamlining and harmonising the numerous previous instruments; is of the opinion, however, that although this simplification has enhanced flexibility and efficiency, it has not been accompanied by sufficient levels of effective accountability and transparency; emphasises that the Instrument should provide for an efficient, effective, coherent and inclusive implementation, underpinned by the ‘policy first’ principle and in line with values of the EU and the priorities of partner countries;
Amendment 72 #
2023/2029(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for ex ante assessments to determine the possible implications and risks of projects with regard to human rights, in line with Article 25 (5) of the Regulation; calls for human rights monitoring throughout the implementation of projects in third countries, especially in relation to projects entailing a high risk of violations, notably in the area of border management and return; calls for a suspension or modulation of projects that (in)directly contribute to human rights violations in third countries; calls on the Commission to share all human rights related assessments with Parliament in a proactive manner;
Amendment 75 #
2023/2029(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that the MTE provide legal and political clarity with regard to the listing of Ukraine, Moldova and Georgia as beneficiaries under the neighbourhood chapter of the Instrument; notes that these countriesUkraine and Moldova have become candidates for accession to the EU andwhile Georgia is considered a potential candidate for EU membership; against this background, underlines that Ukraine, Moldova and Georgia should therefore be listed as beneficiaries with the adequate budgetary transfer of bilateral financial envelopes to the Instrument for Pre- accession Assistance (IPA III) Regulation10 ; welcomes the Commission’s proposal for a Ukraine facility to meet immediate needs, but stresses the importance of using a long- term instrument; , without prejudice to the scope of the new Ukraine Facility; in this regard, highlights the need to ensure that the funds provided to enlargement countries via the Instrument should focus on long- term and structural reforms, notably in the area of the “fundamentals” (democracy, the rule of law and protection of human rights), with a view to integrating them as beneficiaries of IPA III funds; underlines that the inclusion of new beneficiaries should under no circumstances reduce the available resources for the current beneficiaries of IPA III funding; calls for the MTE to effectively use conditionality mechanisms regarding the enlargement countries, including in the communication strategy around the funding; welcomes the Commission’s proposal for a Ukraine facility to meet immediate needs, but stresses the importance of using a long- term instrument; further notes the need to consider the possible ramifications of the 2024 US Presidential elections for financial support to Ukraine from the US, currently Ukraine’s largest donor; _________________ 10 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1).
Amendment 86 #
2023/2029(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the MTE to assess, in particular, the extent to which funding has delivered tangible results in Africa , in line with the EU-Africa-Strategy as well as the outcomes of and priorities set at the 6th AU-EU Summit in 2022 ;
Amendment 91 #
2023/2029(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of meeting all the Instrument’s spending targets and calls for detailed information on the progress made in this regard; regrets, in particular, the substantial deficit in reaching the Instrument’s climate target andof 30% as well as ensuring to fulfil its global financial commitments under the UN framework and in particular the contribution to the Loss and Damage Fund; recalls that climate change will increasingly put pressure on food production and access, especially in vulnerable regions, undermining food security and nutrition; highlights the conclusions of the IPCC 2022 report according to which global warming will progressively weaken soil health and ecosystem services, undermining food productivity in many regions on land and in the oceans; calls for a detailed plan outlining how the Commission intends to meet the climate target by the end of the MFFas part of its midterm review of the Instrument ;
Amendment 96 #
2023/2029(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned that the 10 % biodiversity target for 2026 and 2027 set in the MFF and stated in the provisions of the Instrument will most likely not be reached, and that the Commission proposes no avenue towards reaching the agreed target; recalls that the loss of biodiversity and ecosystem services will undermine progress in approximately 80 % of the assessed targets for the UN Sustainable Development Goals (SDGs); underlines therefore that further efforts must be made especially in the mid-term review of the Instrument and in the relevant annual action plans, to ensure that the spending targets are met;
Amendment 102 #
2023/2029(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. RStrongly reaffirms the commitment set out in the Instrument to eradicating poverty, fighting inequalities and discrimination and promoting human development; reaffirms the commitment set out to ensure a strong gender perspective and mainstreaming implementing the EU Gender Action Plan III;
Amendment 107 #
2023/2029(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 111 #
2023/2029(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls for additional investments to address the setback in the recognition and protection of sexual and reproductive health and rights (SRHR) as well as the general backlash against women’s rights and gender equality in developing countries; underlines in this regard that targeted support to CSOs and communities advocating for the respect of SRHR, women’s rights, gender equality and the LGBTIQ+ community and other marginalised populations should be prioritised;
Amendment 113 #
2023/2029(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reaffirms the commitment outlined in the Instrument to addressing the root causes of irregular migration and forced displacement; is of the opinion that, without prejudice to unforeseen circumstances, the commitment within the Instrument to dedicate an indicative 10 % of the Instrument’s financial envelope to actions supporting the management and governance of migration and forced displacement within the objectives of the Instrument should be respected and that this clause should not be reopened; is concerned that migration is the main component behind the EUR 10.5 billion rise in the ceiling of Heading 6 under the proposal for the revision of the MFF ; calls for complementary information on the exact purpose of the individual top- ups that led to this increase; underlines that this increase significantly surpasses the migration-related budgetary target set in the Instrument's Regulation; urges the Commission to refrain from further increasing migration related spending compared to the reported 14% in November 2022; requests on the basis of Article 42 (1) of the Regulation an independent external evaluation of migration related spending under the Instrument, with a focus on EU legal human rights related obligations;
Amendment 122 #
2023/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the obligation under the Regulation for 93% of the funding under the Instrument to be compliant with the criteria for ODA as established by the OECD; calls on the Commission to create a public database specifying ODA eligibility of projects, including TEIs (partly) funded by the Instrument; calls for the MTR to include a review of ODA eligibility of all migration related activities followed by a suspension or adaption of migration related activities that are not ODA eligible, with a particular focus on activities involving the interception or return of migrants;
Amendment 129 #
2023/2029(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls that the do-no-significant- harm principle is mainstreamed in all Union activities through the budgetary implementation and stresses therefore the urgent need to ensure the respect of the ‘Do No Significant Harm’ principle and the principle of Policy Coherence for Development through the entire budget in all the 6 dimensions and to take necessary corrective measures if and when needed without undue delay;
Amendment 131 #
2023/2029(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that under no circumstances should the 2024 MTR of the MFF result in the Instrument’s funds being cut or reallocated between programmes; underlines the key role of the Instrument to promote human rights, to eradicate poverty and achieve the SDGs, and, the EFSD+ and the EAG in providing a strategic framework for blended finance, de-risking investments and guarantees and in mobilising resources from the private sector with the support of the EU budget,; recalls that the private sector cannot guarantee universal access to, or replace public investments in particularly in the light of increasing geopolitical and economic competition; critical services, such as health, education and social protection, which provide crucial long-term prospects for the graduation from poverty; calls on the EU and its Member States, in a context where ODA remains a scarce resource, to limit blending operations to those areas where they can add value to the local economy, but to exclude blended finance from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; urges, more broadly, the European Commission and the Member States to prioritise partnerships with LDC domestic enterprises that pursue sustainable and inclusive business models;
Amendment 139 #
2023/2029(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the specific role of EU investments, which must reflect the strategic interests and development objectives of both the EU and our partner countries, and underlines the important part played by the budgetary guarantees in delivering them under the ‘policy first’ principle; highlights the importance of ensuring that the guarantees counterbalance the risk involved in the highest-risk countries for investment so that relevant investment is also directed to them;
Amendment 147 #
2023/2029(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the specific role played by the EIB in the European financial architecture for development, as set out in Article 209 of the TFEU and in Article 36 of the Regulation establishing the Instrument, and acknowledges the EIB’s potential to mobilise additional funding that contributes to the Instrument’s objectives; welcomes the creation of EIB Global, which has been operational since 1 January 2022 and sets out to increase the bank’s presence and expertise in developing countries; calls on the EIB to prioritise a pro-poor sustainable development agenda; calls on the EIB to take higher risk in financing projects with high social returns;
Amendment 149 #
2023/2029(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EIB to improve its transparency and accountability in line with the Ombudsman’s and CSOs’ demands, particularly with regard to intermediated lending; calls on the EIB and EIB Global to develop a clear human rights due diligence strategy; calls on EIB’s intermediaries to always refer high- risk sub-projects to the EIB for review and approval and to disclose environmental information on these projects for public scrutiny and accountability; likewise, calls for the EIB’s accountability for its intermediated projects, instead of leaving final beneficiaries to self-police, as the current ESSF allows ;
Amendment 151 #
2023/2029(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the ‘open architecture’ of the EFSD+, which was established to support private-sector investments, and calls on the Commission, the EIB, the Member States and development finance institutions (DFIs) to fully utilise the options provided by the EAG and the relevant investment windows to promote sustainable private-sector investments; underlines the need to strategically leverage and steer private sector financing to address the cost of living and environmental crisis, with a particular focus on SMEs, public goods, services and social infrastructure; calls for increased transparency, monitoring and evaluation mechanisms in the implementation of EU funds under the EFSD+ and the EAG as well as their leverage to mobilise additional private sector, Member States, EIB and development finance institutions (DFIs) funds in a transparent and strategic way;
Amendment 158 #
2023/2029(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges all Team Europe actors to duly consider the sectors, actors and modalities that are best suited for LDCs to achieve crucial SDGs; asks that in LDCs budget support and programme-based approaches be prioritised as they remove harmful conditionalities against debt distress; in the few cases when blending is appropriate for LDC contexts, ensure the adoption of a “phased approach” to blending operations in LDCs, which means investing slowly and through pilot projects per LDC partner country in order to progressively unfold interventions that fit the local context;
Amendment 162 #
2023/2029(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recognises the multiple roles that Civil Society Organisations (CSOs) play in the realisation of the SDGs and in reaching out to people in vulnerable and marginalised situations; calls on the Commission to involve CSOs more systematically in Global Gateway and Team Europe Initiatives and to consider providing small granting schemes for local CSOs under each country programme with simplified eligibility and compliance criteria;
Amendment 170 #
2023/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Team Europe approach and its aim of increasing the coherence, impact and visibility of EU development projects, and calls for more joint actions with the Member States, in particular Team Europe Initiatives (TEIs) and other development partners including civil society; calls on the Commission to review the effectiveness of the approach and to inform Parliament of its findings;
Amendment 171 #
2023/2029(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the need for systematic consultation with partner countries, including local authorities to ensure quality partnerships and local ownership; underlines the importance of involvement of civil society in the planning and implementation of TEIs; calls on the Commission to provide clarity on the financing resources that are channelled to TEIs ensuring transparency and accountability of the funding allocation under the Instrument;
Amendment 178 #
2023/2029(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Global Gateway strategy as a concerted EU response to global challenges; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and prioritiesstresses that massive investments are required to make a meaningful contribution towards poverty reduction, the fight against inequalities and climate change in developing countries, and must reached the people and communities most in need; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and priorities; calls on the European Commission to set a clear and transparent accountability mechanism for the implementation of the strategy and to demonstrate clear rationale for the use of development finance for the projects branded under the Global Gateway strategy and its equal benefits to recipient countries’ public and private sector;
Amendment 190 #
2023/2029(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s functions of political control and consultation and stresses the role of the high-level geopolitical dialogue in providing general orientations for the implementation of the Instrument; urges the Commission to significantly improve the timely provision of requested documentation to Parliament in advance of the High Level Geopolitical Dialogue, as well as the way in which it takes into account the EP’s recommendations, notably by engaging in a written procedure after each dialogue indicating the follow-up on each specific EP recommendation;
Amendment 192 #
2023/2029(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the importance of the programming process, underlining the crucial role of the EEAS and EU delegations in this regard, as well as in ensuring the proper inclusion of partner countries and other development actors throughout the process, including by fostering close and transparent consultation of and association with local authorities, in order to identify common priorities and enhance partner countries’ sense of ownership; stresses, furthermore, the important role of civil society organisations in the programming processimplementation of the Instrument, in particular in the programming process; calls on the Commission to improve CSO access to programming documents, country assessments and other relevant information;
Amendment 196 #
2023/2029(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance of having detailed information on the budget executed, or to be executed, in order to better evaluate the scope and impact of the programs implemented;
Amendment 200 #
2023/2029(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets the Commission’s failure to always notify Parliament before the cushion is mobilised and deplores the practice of sending letters that arrive after mobilisation, de facto undermining Parliament’s right of scrutiny and impeding the Commission from fully taking into consideration its observations on the nature, objectives and financial amounts envisaged; calls on the Commission to always inform Parliament in detail before the cushion funds are mobilised and to take its observations into account, in line with Recital 71 of the Regulation ;
Amendment 206 #
2023/2029(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Is concerned about the lack of involvement of Parliament in the Operational Coordination Mechanism for the External Dimension of Migration (MOCADEM), especially in light of the large degree of involvement of this mechanism in the coordination of external migration funding including the Instrument's funds; recalls Article 9 of the Framework Agreement on relations between the European Parliament and the European Commission, guaranteeing the basic principle of equal treatment for Parliament and the Council with regards to documents; urges the Commission on this basis to provide Parliament with all relevant documentation of MOCADEM and ensure EP inclusion in any future meetings or activities of MOCADEM;
Amendment 208 #
2023/2029(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Considering the important role of the EFSD+ in the Global Gateway, highlights the importance of increased transparency and accountability on the use of the fund; calls on the Commission to make the EFSD+ Results Management Framework public in order to facilitate scrutiny on progress towards more accountable development finance; calls for EFSD+ reports to outline the type and number of intermediaries that are connecting European DFIs with final beneficiaries, using categories of intermediaries that inform on outreach to underserved segments and key target groups;
Amendment 212 #
2023/2029(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Requests that the MTE be used to the fullest extent possible in order to update either the Instrument or its delegated acts on priority areas and to reassess the validity of the geographic and thematic MIPs, including more prominent conditions relating to compliance with international law, alignment with the EU’s foreign policy and the application of the associated suspension mechanism, as a last resort, where the foreign policy of an Instrument beneficiary country diverges completely from EU foreign polihuman rights, rule of law and democracy;
Amendment 222 #
2023/2029(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the geopolitical challenges and humanitarian suffering that emerged with the Russian war of aggression against Ukraine require the Instrument’s budget to be increased considerably; highlights that the challenges are spread all over the world, meaning the EU must increase its geopolitical influence remaining committed to its values and principles; stresses that it will only be possible to respond to these challenges in a balanced way if the proportion of allocations for each area of the Instrument is kept the same;
Amendment 229 #
2023/2029(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Insists that Parliament is part of Team Europe and should be treated as such, and therefore expects more frequent, detailed and meaningful information about the implementation of the Instrument; is concerned about the recent use of the Team Europe format to negotiate a Memorandum of Understanding with Tunisia, excluding the Parliament; insists that any agreements between the EU and third countries are negotiated and concluded in a formal manner by the European Commission and on the basis of the Treaties, notably the procedure as established under Article 218 TEU;
Amendment 16 #
2023/2018(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that as defined in the Grand Bargain, EU volunteering programmes in humanitarian contexts must work in line with the localisation agenda and therefore calls for providing humanitarian aid as much local as possible;
Amendment 19 #
2023/2018(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the lengthy volunteer selection procedure, in particular with regard to waiting times for mandatory in-person training, which could lead to candidates dropping out and losing interest; underlines that humanitarian operations require adequate training; stresses that the selection, training and deployment of volunteers should be simplified to respond faster to local needs and efficiently improve support to local organisations; underlines that humanitarian operations require adequate training; furthermore, stresses that volunteers should be able to complete their mandatory training at the beginning of their deployment to be operational faster;
Amendment 24 #
2023/2018(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that volunteers taking part in the humanitarian strand of the ESC should be recruited for specific knowledge and skills that may not be readily available in the country of deployment, nor the host organisation; underlines the value of local staff and volunteers to ensure continuity of the work in the organisations; insists that volunteers in the humanitarian aid strand should not replace or duplicate national staff in host organisations or roles that could be filled by local volunteers, but rather strengthen them;
Amendment 26 #
2023/2018(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of enhancing the capacity building and training dimensions of the programme to the benefit of both volunteers and hosting organizations, especially on humanitarian and core EU principles;
Amendment 27 #
2023/2018(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to facilitate the administrative procedure for obtaining the Quality Label giving access to the ESC programme to host organisations, in particular smaller organisations and organisations that have not yet handled European programmes;
Amendment 36 #
2023/2018(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that around two thirds of the selected projects for 2023 are development-centred; calls for a more balanced humanitarian-centred approach for future selections; calls on the Commission to consider the possibility of revising the regulation to allow volunteering in safe zones of conflict- affected countries, subject to clear security and safety protocols and the fulfilment of the duty of care for volunteers.; in this regard, insists that the deployment of volunteers be focused on pre-disaster preparedness and post-disaster recovery settings, where the conditions are more favourable for access and impact without risking to affect negatively the support offered by regular humanitarian staff to affected populations;
Amendment 28 #
2023/2000(INI)
Motion for a resolution
Recital D
Recital D
D. whereas innovative structural solutions are needed to address global humanitarian challenges; whereas these solutions should focus on ensuring sufficient funding, implementing the commitments on localisation and the humanitarian-development-peace nexus (triple nexus) approach and creating an enabling humanitarian environment in line with the principles of humanitarian aid; whereas efforts to address current and future humanitarian challenges must be guided by a conflict sensitive and people- centred approach driven by affected communities;
Amendment 41 #
2023/2000(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls urgently on the Commission and the Member States to substantially increase their humanitarian aid budgets to respond to humanitarian needs, which are at a record high; reiterates its call on the Member States to allocate a fixed share of their gross national incomes to humanitarian aid; supports, in this regard, the Council conclusions of 22 May 2023 encouraging the Member States to devote 10 % of their official development assistance to humanitarian action and calls for their swift implementation in close consultation and cooperation with humanitarian partners – especially NGOs and frontline responders;
Amendment 47 #
2023/2000(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the concerns over development additionality of blending- guarantee mechanisms as assessed by the European Court of Auditors in the case of EFSD; calls on the Commission and financial institutions, including the EIB, to ensure that all humanitarian operations undertaken through blending are compliant with the external action goals of the EU as defined in Article 21 TEU, including respect and promotion of human rights, eradication of poverty, and the management of environmental risks; calls on the Commission to provide the European Parliament with a written assessment on the implementation of the pilot project for blending for humanitarian action, defined in the Commission communication of 10 March 2021, to evaluate the alignment of this financial mechanisms with external action objectives;
Amendment 48 #
2023/2000(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the increased role of private sector partnerships, including support to the “Global Gateway” strategy make access to support for local actors more complex and limit their access to equitable partnerships to leave no one behind; insists that transparency and accountability across EU external actions, and related financial instruments should be fully guaranteed, including for Team Europe Initiatives aimed to provide humanitarian support;
Amendment 49 #
2023/2000(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Insists on the importance to preserve expertise and non interference into the neutrality principle of humanitarian actors; stresses that further engagement with the private sector requires: prior analysis of results achieved so far through this collaboration, and to promote exclusively partnerships which comply with international humanitarian principles, environment, social and human rights standards, and accountability to affected populations;
Amendment 50 #
2023/2000(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls for an expansion of the circle of donor countries which contribute to humanitarian aid on a voluntary basis, to include the 100 countries that the World Bank identifies as high-income and richest countries in the world; underlines that a contribution of these countries counting for 0.03% of their GNI should be compulsory and would allow to raise the $30 billion needed to address international humanitarian crises; stresses that the involvement of new countries would not only solve the question of the volume of aid, but contribute to depoliticising humanitarian aid and making it less exposed to divisions between major state powers;
Amendment 54 #
2023/2000(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the EU to provide a robust annual budget for EU humanitarian aid to ensure timely, predictable and flexible funding for humanitarian aid at the beginning of each financial year and to keep a ring- fenced envelope within the Solidarity and Emergency Aid Reserve (SEAR) for humanitarian crises outside the Union and maintaining the existing capacity to rapidly mobilise additional funds in the case of emerging, escalating or sudden onset emergencies;
Amendment 70 #
2023/2000(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to assess past experiences in humanitarian support in the field of gender equality, as well as to introduce more concrete elements of gender mainstreaming in future humanitarian action, including specific expenditure, programmes, tracking and assessment methods oriented towards gender related activities;
Amendment 83 #
2023/2000(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the triple nexus is key to addressing context-specific needs in complex and protracted crises, in line with humanitarian principles; insists on more transparency, visibility and knowledge- sharing among stakeholders when applying the triple nexus approach, including through better involvement of local actors;
Amendment 87 #
2023/2000(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out the potential risk of instrumentalisation of humanitarian aid via the EU humanitarian-development- peace nexus approach which may imply that the promotion of humanitarian principles and International Humanitarian Law will not necessarily prevail for humanitarian action but be side-lined by joint-up and coherent action between the 3 axes of the nexus in line with policy objectives set by the EU agenda; in this regard, stresses in particular that humanitarian action must urgently be dissociated from the security or stability agendas;
Amendment 91 #
2023/2000(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 99 #
2023/2000(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for climate funding to be scaled up in order to prevent, mitigate and respond to the alarming impact of climate change on humanitarian crises; is concerned that NDICI-GE expenditure with a climate objective falls far short of the commitment that such expenditure should represent 30 % of NDICI-GE’s overall financial envelope; calls on the Commission to scale this up without delay, focusing in particular on climate adaptation in least developed countriand disaster risk reduction in least developed countries in particular through locally-led adaptation measures;
Amendment 104 #
2023/2000(INI)
10. Stresses the need to localise climate preparedness, adaptation and response, build the capacities of local actors and ensure the climate resilience of the most vulnerable groupsto limit the adverse effects of the humanitarian impacts of climate change and ensure the climate resilience of the most vulnerable groups; underlines the importance of involving indigenous people and local communities in this process of localisation;
Amendment 112 #
2023/2000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages multi-stakeholder efforts to implement a greener and digitalised humanitarian response; highlights the cost-effectiveness of anticipatory action; calls on a human- centred approach to digitalisation and the responsible use of sensible digital tools; calls for the further enhancement of digital tools’ potential to manage huge volumes of complex humanitarian data and accelerate the detection and prediction of climate disasters;
Amendment 116 #
2023/2000(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of building human resilience by supportensuring access to education and essential health services; emphasises the need to involve the affected people and local communities in implementing early warning systems, guaranteeing their ability to take action in advance of disasters, conducting needs assessments and determining and monitoring the humanitarian response;
Amendment 125 #
2023/2000(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to better address the needs of vulnerable groups in humanitarian responses, including minorities, children, women, the elderly, local communities, indegenous people and particularly persons with disabilities; encourages the use of the Organisation for Economic Co-operation and Development’s disability marker to track the progress made in humanitarian action; calls on the Commission to update the EU guidelines on children and armed conflict and ensure their implementation;
Amendment 128 #
2023/2000(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the number of forcibly displaced persons worldwide is at a record high; calls for the EU and the global community to support refugees, internally displaced people and their host communities and to work for durable soluand ensure equal and effective access to essential services and humanitarian assistance for displaced people, irrespective of their legal status as required by Inernational Humanitarian Law, including hard-to-reach groups and in remote locations, in particular in forgotten crises;
Amendment 169 #
2023/2000(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on enhancing local and sustainable agricultural and food production by investing in agroecological methods and sustainable fisheries to increase food availability and prevent dependence on external supplies in times of humanitarian crises;
Amendment 171 #
2023/2000(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Underlines the widespread violations of the right to food during conflicts, with recurring use of starvation as a method of warfare, and denial of humanitarian access; calls on the European Commission and the Member States to duly enforce international humanitarian law and vigorously prosecute and sanction those who use starvation as a weapon of war;
Amendment 179 #
2023/2000(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to ensure that women’s equal participation and empowerment is integrated explicitly into any new mechanisms to strengthen the role of local actors in humanitarian action; recalls the prominent role of women as victims of conflicts and disasters;
Amendment 16 #
2023/0404(COD)
Proposal for a regulation
Citation 6 a (new)
Citation 6 a (new)
- having regard to Article 208(1) of the Treaty on the Functioning of the European Union, and in particular its statement that the ‘Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’,
Amendment 21 #
2023/0404(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration isand comprehensive partnerships are key to complement those actions and must be part of the solution to fully support the twin transition. True partnerships on equal footing that avoid conditionality are necessary to boost each side’s interests for example by preventing brain-drain or other adverse effects and by promoting training as well as creating re-entry systems.
Amendment 25 #
2023/0404(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of the Talent Pool Regulation should comply with the principle of Policy Coherence for Development and promote decent work, equal treatment, social inclusion as well as prevent and protect migrant workers from exploitation and abuse.
Amendment 26 #
2023/0404(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The Talent Pool should contribute to achieving the UN 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), in particular Goal 1 to eradicate poverty, Goal 5 to ensure gender equality and empower all women and girls, Goal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and Goal 10 to reduce inequalities within and among countries.
Amendment 27 #
2023/0404(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) While women make up a significant part of some crucial sectors, mobile and migrant women can be subject to insecure jobs and the informal economy and are often particularly vulnerable to discrimination, social exclusion and lack of job and training opportunities, as well as being exposed to abuse, violence and harassment. Member States should strongly mainstream the protection of women’s rights and adopt a gender transformative approach, including equal pay for work of equal value.
Amendment 35 #
2023/0404(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The EU Talent Pool should also support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum6 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU7 . The participation of a Member State in the Talent Partnership should be without prejudice to their decision on the participation in the EU Talent Pool. Importantly, third countries must have a strong sense of ownership and be able to co-create partnerships from the outset. Respect for the rule of law and human rights must always be present in the external relations of the Union’s immigration and asylum policy. __________________ 6 COM/2020/609 final. 7 COM/2022/657 final.
Amendment 41 #
2023/0404(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregencourage circular migration including by facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union. To this end, jobseekers from third countries should be required, before registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. __________________ 11 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, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
Amendment 51 #
2023/0404(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of Social Rights should apply for all activities conducted in the context of the EU Talent Pool, in particular with regard to the right to fair and equal treatment of third country workers with respect to working conditions, minimum wages, access to social protection, training, and protection of youth people at work, as well as the need for greater protection of women's rights and the gender perspective, especially in sectors where migrant women are overrepresented, as well as the need to protect people with disabilities, safeguarding their rights and access to care. In accordance with those principles, the EU Talent Pool should ensure quality employment.
Amendment 55 #
2023/0404(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The International Labour Organisation (ILO) in its ‘General principles and operational guidelines for fair recruitment’ sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment. Employers should comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the participating Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the start of the employment. This information should at least include the place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave, maternity protection and leave and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State. __________________ 13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third- country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj). 14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj). 16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj). 17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj). 18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).
Amendment 56 #
2023/0404(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To reinforce equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to these above mentioned Directives.
Amendment 58 #
2023/0404(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) Member State authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies may facilitate procedures for applicants, the risks associated with third- party intermediation such as contract substitution, abusive fees and debt bondage, and other exploitative practices should be addressed, in collaboration with civil society and trade union organisations, through the provision of information to potential applicants and permit holders, as well as through monitoring, penalties and facilitation of complaints and legal redress.
Amendment 59 #
2023/0404(COD)
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) Third-country workers who are women tend to be more exposed to exploitation compared to their male counterparts due for example to a lack of access to and control over resources and decision-making, a lack of access to accurate information, the particular sectors where women workers are over- represented such as domestic and care work, and intersecting forms of discrimination which may prevent them from accessing and using complaint and enforcement mechanisms. Member States should therefore ensure that any complaints mechanisms aimed at enforcing compliance with this regulation are gender-sensitive and fully accessible to women workers.
Amendment 63 #
2023/0404(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool. Eligibility and selection criteria should be transparent, non-discriminatory, gender responsive and should be defined in a broad way to allow for the admissibility of jobseekers with all skill levels. Information on opportunities for the development of skills and competences, education and vocational training provided through development cooperation programmes, should be also available to jobseekers participating in the EU Talent Pool.
Amendment 68 #
2023/0404(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Information provided on the EU Talent Pool IT platform should be made available at least in the official languages of the participating Member States and in official languages of third countries participating in the Talent Partnerships.
Amendment 75 #
2023/0404(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU as well as the principle of Policy Coherence for Development and the European Consensus on Development.
Amendment 83 #
2023/0404(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Talent Pool IT platform shall be designed to allow low-, medium- and highly-skilled jobseekers to easily access and navigate the platform, and employers to easily recognise foreign qualifications.
Amendment 90 #
2023/0404(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20 and on the impacts of this Regulation on developing countries;
Amendment 99 #
2023/0404(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest. In addition, the Steering Group shall establish mechanisms for consulting other relevant stakeholders, including civil society organisations and trade unions from third countries.
Amendment 137 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) specific information on third- country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications, labour and trade union rights and the complaint and redress mechanisms pursuant to Article 18;
Amendment 139 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
(e) where available, the contact details of organisations, in particular trade unions, national labour inspectorates, legal aid services and non-governmental and diaspora organisations, which offer post- recruitment assistance and rights and interests protection for third country nationals.
Amendment 143 #
2023/0404(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are accessible, timely and effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).
Amendment 160 #
2023/0404(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation, taking into account its impact on the objectives of EU development cooperation in line with the principle of Policy Coherence for Development.
Amendment 1 #
2023/0264(BUD)
Draft opinion
Recital A
Recital A
A. whereas in a context of increasing geopolitical instability, crises and natural disasters, the EU must strengthen its role through credible cooperation with partner countries in the neighbourhood and the Global South; whereas the already existing acute food insecurity and malnutrition in the Global South have increased since the start of Russia’s war of aggression against Ukraine;
Amendment 2 #
2023/0264(BUD)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the 2024 European Union budget contribution to partner countries in the Global South should be aligned with the ambitions of making the Union climate neutral by 2050 at the latest, as well as with the Union’s international commitments, in particular the Paris Agreement and the Kunmin-Montreal Agreement, and significantly contribute to the implementation of the European Green Deal, the EU Biodiversity Strategy for 2030, the Farm to Fork Strategy, the Circular Economy Action Plan, the Chemical Strategy for Sustainability and the Zero-pollution Action Plan;
Amendment 5 #
2023/0264(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for continuous efforts towards the achievement of climate and biodiversity mainstreaming targets laid down in the Interinstitutional Agreement of 16 December 2020 on the Union budget and the European Union Recovery Instrument expenditures; stresses the need to ensure consistency between climate and biodiversity funding and calls on the Commission to publish the amounts and shares of expenditure that will contribute to both targets per programme, including the Neighbourhood, Development and International Cooperation - Global Europe (NDICI-GE) instrument, when presenting the draft budget; emphasises the need to carry out sufficient ex-post evaluations with a particular focus on the impact of the projects on climate and biodiversity;
Amendment 7 #
2023/0264(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Is concerned that the Commission underlines that the 10 % biodiversity target in 2026 and 2027 set in the MFF and stated in the provisions of the NDICI- GE instrument will most likely not be reached, and that it proposes no avenue towards reaching the agreed target; therefore underlines that further efforts must be made especially in the mid-term review of the NDICI-GE instrument and in the relevant annual workplans, to ensure that the spending target set for the years 2026 and 2027 is met; highlights that the biodiversity financing gap over the period 2021-2030 is around EUR 18,69 billion per year and should be remedied as soon as possible;
Amendment 9 #
2023/0264(BUD)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Is concerned that migration is the main component behind the EUR 10.5 billion rise in the ceiling of Heading 6; calls for complementary information on the exact purpose of the individual top- ups that led to this increase; underlines that this increase significantly surpasses the migration-related budgetary target set in the NDICI-GE Regulation; urges to respect each budgetary target set in the Regulation and to maintain a balanced distribution across all spending targets, including notably 30 % for climate, 85 % for gender mainstreaming, 20 % for human development;
Amendment 13 #
2023/0264(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with great concern that humanitarian aid remains the most strained instrument under Heading 6; warns that ad- hoc solutions through budgetary reinforcements from other funding sources or redeployments and recommitments are not sustainable; calls on the Commission to establish and maintain a solid baseline for predictable and principled humanitarian aid as the trend of growing emergencies is unlikely to slow down, notably due to the humanitarian impact of the increasing number of weather events expected to occur until 2027; reminds that humanitarian needs in Ukraine will not be covered by the Ukraine Facility proposed in the MFF revision; requests an increase of 1 billion euro to the HUMA budget line, which anticipates the needs predicted by main humanitarian actors and takes into account that the EU humanitarian budget in 2022 reached EUR 2,62 billion after several reinforcements and that similar needs remain for 2024;
Amendment 15 #
2023/0264(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for additional investments to address the setback in the recognition and protection of sexual and reproductive health and rights (SRHR) as well as the general backlash against women’s rights and gender equality in developing countries; in this regard underlines that targeted support to CSOs and communities advocating for the respect of SRHR, women’s rights, gender equality and the LGBTIQ+ community and other marginalised populations should be prioritised;
Amendment 18 #
2023/0264(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes that the Commission has further developed a methodology to track gender equality-related spending in the 2021-2027 MFF, which looks at policy design and resource allocation, and in particular the presentation of an ex-post gender impact assessment on a more granular level and reporting on volumes; calls on the Commission to holistically assess the gender impact of spending and ensure that all the relevant data is available for tracking;
Amendment 4 #
2022/2135(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the steadily worsening context in which the Union’s development and humanitarian aid policies are conducted, characterised in particular by the COVID pandemic, the relentless aggravation of the impacts of climate change, biodiversity loss, increasing food insecurity and the mounting repercussions of Russia’s war in Ukraine; notes the ever- growing gap between the funds needed and those available to respond to the deepening climate, hunger, debt, humanitarian and other crises and to halt the ongoing movement further away from the UN’s Sustainable Development Goals (SDGs) instead of towards them;
Amendment 10 #
2022/2135(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the absence of the move “from billions to trillions” in financing for developmentto fill the ODA financing gap recognised as necessary when the SDGs were adopted in 2015; notes the urgency of mobilising much more of the world’s privately held resources, through investment promotionadditional financial resources to fill the ODA gap , through sustainable investment to the benefit of climate, the environment and local economies of partner countries in the Global South and more effective taxation of foreign investors, but also of scaling up public financing for development, in accordance with international commitments on levels the Union remains far from;
Amendment 12 #
2022/2135(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Member States’ recent decision to assign EUR 600 million of de-committed EDF funds to other actions in ACP countries; notes that most of these funds will now be used for measures to help mitigate the global food crisis; insists that these funds must ensure further support to local small-scale farming as well as agroeocological practices and sustainable fisheries methods as they allow food sovereignty of local communities, making them less dependent on the fluctuations in the global food and agriculture market; invites the Member States to from now on consistently abstain from receiving repayment of de-committed EDF funds, given the extreme needs for funds to cover urgent needs in ACP countries and bearing in mind the Union’s and its Member States financing for development commitments. as well as the obligations set in the Treaty on Policy Coherence for Development (PCD).
Amendment 6 #
2022/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that Frontex is by large the Agency that received more significant budget increases in the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period; considers that such increase is not justified by substantive evidence clearly demonstrating its necessity from an effectiveness and efficiency perspective;
Amendment 9 #
2022/2124(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the Court's emphasis on matters related to the reliability of the accounts and concerning the incorrect calculation of contributions from non-EU Schengen area countries, which caused an overstatement of the EU contribution to the Frontex budget of EUR 2,6 million and an understatement of contributions by the non-Schengen area countries;
Amendment 10 #
2022/2124(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes the Court’s emphasis on the matter for reliability of the accounts regarding the carry-over to 2021 of a budgetary commitment dated 21 December 2020 “Preparatory measures for 2021 deployments SC Cat 1 and 2” without the backing of a legal commitment before the end of 2020; notes that the total payments in 2021 were EUR 18 375 458 and that Frontex addressed this non-compliance by means of subsequent legal commitments throughout 2021;
Amendment 11 #
2022/2124(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Notes the Court’s emphasis on the matter for reliability of the accounts and for the legality and regularity of payments concerning certification of the accounts, where the Accounting Officer declares a lack of necessary information for the validation of a new system laid down by the authorising officer and used for supplying accounting information;
Amendment 12 #
2022/2124(DEC)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Notes the Court’ observations on management and control systems in the Agency; deplores that the contract concluded end of December 2021 with a single contractor for the provision of travel services including the deployment of the standing corps had to be suspended in February 2022 and terminated in May 2022 for incorrect performance of the contract; notes the Court’s observation that the technical, professional and financial capacity requirements could have been set higher by the Agency to avoid exposure to such a risk;
Amendment 18 #
2022/2124(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the ongoing actions of the Agency in response to the Court’s observations from previous years, including the corrective steps in addressing the risk of double funding from the Internal Security Fund; calls on the Agency to continue undertaking corrective actions, including the adoption and implementation of a sensitive post policy in line with its own internal control standards, and addressing the high level of carry-overs; to inform the discharge authority about the progress made on those matters;
Amendment 26 #
2022/2124(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note of the amendment of the standard operating procedure on the Serious Incident Report (SIR) mechanism to define the role of the Fundamental Rights Officer (FRO) in this process; stresses that every operational plan should include a transparent reporting mechanism ensuring that every incident in the operational area is reported and properly followed up; stresses that this reporting mechanism should apply regardless of the way these assets are being financed , in order to ensure that Frontex, and in particular the FRO, can monitor the whole operational area and investigate all SIRs or other indications of non-compliance;
Amendment 27 #
2022/2124(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that Frontex direct and indirect involvement in border management and border surveillance activities must go hand in hand with preventing and combating fundamental rights violations, and with securing compliance with the principle of non- refoulement, in accordance with the Union acquis; recalls Frontex legal obligation under article 46 of the Frontex Regulation to suspend operations when the Agency cannot operate in line with its fundamental rights obligations;
Amendment 28 #
2022/2124(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Recalls that the Parliament’s Frontex Scrutiny Working Group (FSWG), in its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations already raised concerns, such as that “the Agency found evidence in support of allegations of fundamental rights violations in Member States with which it had a joint operation but failed to address and follow-up on these violations promptly, vigilantly and effectively", that the "Agency also failed to adequately respond to internal observations about certain cases of probable fundamental rights violations in Member States" and "that Frontex generally disregarded reports from "several reliable actors"; notes that the FSWG “found deficiencies in Frontex’ mechanisms to monitor, report and assess fundamental rights situations and developments, and makes concrete recommendations for improvement", but "also identified gaps in the framework of cooperation with Member States, which may hamper the fulfilment of Frontex’ fundamental rights obligations"; notes that the FSWG expressed concern "about the lack of cooperation of the Executive Director to ensure compliance with some of the provisions of the EBCG Regulation, notably on fundamental rights"; notes that the FSWG took the position that the Management Board should have played a much more proactive role in acknowledging the serious risk of fundamental rights violations and in taking action to ensure that Frontex fulfils its negative and positive fundamental rights obligations as enshrined in the Regulation; notes that the FSWG “highlights the responsibility of the Member States and the Commission, outside their role in the Management Board as well";
Amendment 33 #
2022/2124(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or terminate, or not launch Frontex activities in cases where such risks arise; urges the Management Board to strengthen internal oversight structures as well as cooperation and communication with competent administrative and judicial authorities and independent civil society actors in host Member States;
Amendment 35 #
2022/2124(DEC)
5 a. Notes the shared responsibilities that the Agency and the Member States have in the fulfilment of fundamental rights obligations; urges the Agency and Member States to further develop structures of cooperation, information- sharing and exchange of best practices;
Amendment 47 #
2022/2124(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings presented and the lack of accountability; considers that the findings of the OLAFsuch report are a matter of public interest and should be made public without further delayrequests OLAF to promptly make any related finding in its upcoming reports on Frontex publicly available; underlines that the decision not to make the OLAF report on Frontex' activities promptly available to all Member of Parliament contradicted the need for democratic scrutiny over the agency’s misbehaviours and responsibilities for human rights violations;
Amendment 54 #
2022/2124(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Expresses its deepest concern that Frontex Executive Director Ad Interim and one of the candidates for the position of Frontex Executive Director is a person of concern in an ongoing investigation by OLAF; notes that Frontex Management Board was informed about this information in November 2021 but decided not to inform the European Parliament; recalls European Parliament's formal role in the selection procedure for the new Executive Director; calls on the Management Board to diligently inform the European Parliament;
Amendment 62 #
2022/2124(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the Progress Lawyers Network (Front-LEX) and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 64 #
2022/2124(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse discharge of the Agency’s 2020 budget; reiterates its call upon the Agency to present a detailed roadmap on how it intends to fulfil the outstanding concerns, together with a clear and detailed timeframe for those actions; recalls the repeated criticism from Parliament concerning the Agency’s failure, under the former executive leadership, to protect the fundamental rights of migrants and asylum seekers, particularly among numerous reports and journalistic investigations of its complicity in illegal pushbacks, which led to the resignation of the former executive director; reaffirms that this situation should not happen again;
Amendment 68 #
2022/2124(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates its call for the Agency to complete corrective actions to address all outstanding concerns raised by the European Ombudsman, by the Parliament’s Frontex Scrutiny Working Group and by the Consultative Forum;
Amendment 7 #
2022/2081(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. SupportAcknowledges the ambition to bring together public and private actors and achieve synergies between different policies through the Global Gateway (GG) strategy; stresses that allocations of official development assistance involved should be firmly guided by Agenda 2030 and that policy coherence for development, the SDGs, as well as the Paris Agreement with the objective of limiting global warming to under 1,5°C as well as improving resilience to adverse climate change impacts, and that policy coherence for development, democratic country ownership and social and human right due diligence should consistently be applied; noteregrets that the only role for Parliament in the governance arrangements adopted by the Member States is that as an observer in the GG board; stresses the need to ensure proper influence for Parliament in strategic choices involving Union funds; calls for regular assessments of the implementation of the Global Gateway and expects the European Parliament, as budgetary authority to be given a significant oversight in this process, beyond a simple observer role, given the scrutiny role the European Parliament is entitled to through the NDICI-Global Europe, which is the main source of financing of the Global Gateway;
Amendment 12 #
2022/2081(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the Court of Auditors to resume its preparation of special reports relating to development cooperation expenditure and to regularly cover development cooperation aspects in its special reports on horizontal issues in accordance with the Policy Coherence for Development principle set in article 208 of the Treaty on the Functioning of the EU; calls on the European Court of Auditors to carry out regular reports on the implementation of the recently initiated Global Gateway and European Financial Architecture for Development (EFAD) which will be made public and lead to policy recommendations including on actions to betaken for improvements;
Amendment 14 #
2022/2081(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the value of service deliveryCalls for an increase in the support to civil society organizations, given the shrinking space for and criminalisation of civil society in many developing countries; emphasises the value of service and support to local communities provided through local NGOs in developing countries; encourages the Commission to prioritise thatlocal NGOs whenever possible andin order to provide better capacity-building for local NGOs with potential to become important service delivererson the ground;
Amendment 22 #
2022/2081(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the continued great difficulties faced by small local NGOs in accessing Union funding because of the highly demanding and cumbersome procedures involved; invites the Commission to fully use existing flexibilities, without taking unreasonable fiduciary risks,improve these procedures in order to make them more accessible for small local NGOs and to propose necessary changes to rules to this aim.
Amendment 3 #
2022/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that the 2021-2027 multiannual financial framework (MFF) lacks a sufficiently endowed Heading 6 and, therefore, the available margins have been very limited and shrinking since the first year, including an early depletion of the cushion and the need to use the single margin also to cover commitments under Heading 6; is deeply concerned that the MFF is already pushed to its limits and it is not fit to continue addressing the multiple internal and external crises in a sustainable manner; highlights that the Russian invasion of Ukraine is generating unprecedented needs for EU external action, both in neighbouring countries and worldwide, as a result of the food, climate and energy and economic crises, which are undermining progress towards the Sustainable Development Goals;
Amendment 9 #
2022/2046(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to adopt, in early 2023, an ambitious MFF revision proposal that substantially increases the resources for Heading 6; urges the Member States to agree to a significant increase in ceilingsconduct an in-depth review of the functioning of the current MFF and proceed with a legislative proposal for a comprehensive revision of the MFF as soon as possible, and not later than the first quarter of 2023, that substantially increases the resources for Heading 6; urges the Member States to agree to a significant increase in ceilings; calls on the Commission to create an effective crisis response mechanism to tackle the new challenges without jeopardizing priorities established under co-decision in the relevant programmes, in particular as regards climate and development aid;
Amendment 17 #
2022/2046(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the global humanitarian funding gap continues to grow while the unpredictability and the impacts of climate and human-induced disasters continue to arise; underlines that the numerous and consistent top-ups of the EU’s annual humanitarian budget over the past years of the current MFF have proven the initially allocated funding to never be sufficient to cover the humanitarian needs for the entire year; stresses that the humanitarian aid instrument must receive significantly more funding in the revised MFF to match the EU’s ambition to be a leading humanitarian donor and enable humanitarian partners and local responders to deliver timely and adapted responses to the increasing needs;
Amendment 29 #
2022/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the MFF revision to provide additional funds to the Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe instrument, particularly to reinforce the budget lines most in demand recently to counter the current food crisis and climate related disasters impacting developing countries, but also anticipate and prevent similar situations in the future, and to meet the additional needs caused by the Russian war against Ukraine without diverting money from other geographic regions;
Amendment 31 #
2022/2046(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Points out the need to finance climate change adaptation and mitigation measures in partner countries; urgently calls for more investments in climate adaptation measures to help better prevent impacts of climate change and more expenditures in addressing those impacts; calls, in particular, to make use of geographical programmes and the Global Challenges ‘Planet’ thematic programme of the NDICI-Global Europe Regulation to help implement anticipatory and medium to long-term locally-led climate adaptation actions to increase the resilience of small-scale local food production, and to compensate for climate change induced loss and damage;
Amendment 33 #
2022/2046(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that the war in Ukraine has further exacerbated the already severe situation caused by COVID-19 and put additional pressure on global food security; calls for additional funding for geographic programmes as well as for the 'Prosperity' and ‘Planet’ thematic programme of NDICI-Global Europe to encourage the transition of developing countries towards more self-sufficient food production systems which safeguard developing countries’ right to food sovereignty, promote small-scale producers and local communities and reduce their dependence on food imports; welcomes and encourages further EU investments in partnership with developing countries in agro-ecology, agroforestry and crop diversification and reiterates that EU-supported investment in agriculture, forestry is in line inter alia with the FAO/CFS Voluntary guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security (VGGTs) and the FAO/CFS Principles for Responsible Investment in Agriculture and Food Systems;
Amendment 35 #
2022/2046(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls for an increase in appropriations for the protection of biodiversity under NDICI-GE given the fact that reaching the 2026 and 2027 MFF biodiversity targets remains insufficient; stresses that new investment tools to support resource mobilisation can be used to this end (e.g biodiversity- relevant taxes, fees and charges); calls on scaling up investments to better track, reform and phase-out subsidies harmful for biodiversity and channelling them towards biodiversity friendly activities, in line with Agenda 2030; recalls that biodiversity and its associated services – pollination, predators of pests, increased resilience of agroecosystems to erosion, droughts and flooding, soil formation and carbon sinking – are essential to provide sustainable food production;
Amendment 36 #
2022/2046(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Calls on the Commission and Member States to evaluate the projects and priorities funded under the NDICI 10% migration target from the perspective of SDGs, aid efficiency principles and the targets of the Global Compacts on Safe, Orderly and Regular Migration and Global Compact for Refugees, to ensure that at a time when the global number of forced displacement internally and cross- border is the highest since the second world war, the EU reacts by fulfilling its international obligations with solidarity, durable solutions and by facilitating access to protection for those in need and to legal pathways for persons on the move, instead of hindering mobility and reducing global solidarity;
Amendment 37 #
2022/2046(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Calls on the Commission and the Member States to urgently evaluate, in coordination with their international partners and relevant international institutions, all the means available to avoid any default in the balance of payments of importer countries, including direct funding and restructuring of their debt; stresses the importance of prioritising grant-based financing as the default option, especially for least developed countries;
Amendment 40 #
2022/2046(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Recalls that article 4.2 of the NDICI-Global Europe Regulation provides for the creation of geographic programmes of continental or trans- regional scope, including an ACP programme; considers that such programme will complement EU programming at regional and country level in these parts of the world and shall be designed so as to support the OACPS in a way that incorporates the parliamentary dimension of the EU- OACPS partnership, namely in terms of human resources being dedicated to the joint parliamentary and regional assemblies set up under the Cotonou Agreement and the future Partnership Agreement respectively;
Amendment 43 #
2022/2046(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the comprehensive and ambitious MFF revision should be accompanied by the necessary legislative changes to the NDICI – Global Europe Regulation. including more clear programming cycles, enhanced transparency of funding decisions and reinforced engagement of civil society and local actors;
Amendment 45 #
2022/2046(INI)
6 a. In a general context of global rise of extremist discourse that threatens the upholding of human rights, and in particular, women’s rights, calls on the EU to ensure adequate support to further strengthen gender mainstreaming throughout all programmes for external actions, alongside increased funding to civil society organisations in order to support programmes to advance gender equality, aimed at women’s and girls’ full enjoyment of human rights as well as sexual and reproductive health and rights, gender equality and the empowerment of women, girls, LGBTIQ+, human right defenders, minorities and other marginalised populations;
Amendment 47 #
2022/2046(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Urges the Commission to clarify the development objectives of the Global Gateway strategy, which draws on the financing instruments of the MFF, including the NDICI- Global Europe Regulation, and the EU budget; calls for the necessary legislative changes to the NDICI-Global Europe Regulation and the revision of the MFF to take into account the evaluation of the results and development impact of the implementation of the Global Gateway strategy and related guaranteed investments made through the European Fund for Sustainable Development+ (EFSD+) and supported by the External Action Guarantee; underlines that the evaluation of the use and the functioning of the External Action Guarantee shall be submitted to the European Parliament and to the Council and accompanied by an opinion of the Court of Auditors and that both the evaluation report and the opinion of the Court of Auditors shall be made publicly available;
Amendment 11 #
2022/2036(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that in-person helpservices should be provided to EU citizens to help themas an alternative at all times for accessing public services, especiallyin particular for persons with disabilities and elderly people, but also to mitigate low levels of digital literacy and poor internet coverage;
Amendment 15 #
2022/2036(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Access to government or other essential services, shall not be restricted or hindered for natural persons not using eGovernment services.
Amendment 2 #
Amendment 4 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the judgment of 18 November 2021 of the European Court of Human Rights in case M.H. and others v. Croatia (Applications nos. 15670/18 and 43115/18),
Amendment 6 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the report of 3 December 2021 to the Croatian Government on the visit to Croatia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
Amendment 8 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 c (new)
Citation 7 c (new)
– having regard to the Decision of the European Ombudsman of 22 February 2022 in case 1598/2020/VS concerning how the European Commission monitors and ensures respect for fundamental rights by the Croatian authorities in the context of border management operations supported by EU funds,
Amendment 10 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 d (new)
Citation 7 d (new)
– having regard to the Croatian Ombudsperson Annual Report 2020 of 26 February 2021, ‘Izvješće pučke pravobraniteljice za 2020. godinu’,
Amendment 11 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 e (new)
Citation 7 e (new)
– having regard to the Fundamental Rights Report 2022 of 8 June 2022 of the European Union Agency for Fundamental Rights,
Amendment 12 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 f (new)
Citation 7 f (new)
– having regard to the judgment of Federal Administrative Court of Switzerland (BVG) of 12.06.2019, in case BVGE 3078/2019, regarding the annulment of a Dublin transfer to Croatia,
Amendment 13 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 g (new)
Citation 7 g (new)
– having regard to the Article of the ‘Guardian’ of 15 June 2020 ‘EU “covered up” Croatia’s failure to protect migrants from border brutality’, and the results of the joint investigation published by Lighthouse Reports on 6 October 2021 ‘Unmasking Europe’s shadow armies’,
Amendment 14 #
2022/0806(NLE)
Draft legislative resolution
Citation 7 h (new)
Citation 7 h (new)
– having regard to the Annual Report of the Independent Mechanism of Monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection, June 2021 - June 2022, published in July 2022,
Amendment 16 #
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 countriesthe Schengen area is one of the most tangible achievements of an integrated Europe to the benefit of people and remains 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;
Amendment 33 #
2022/0806(NLE)
Draft legislative resolution
Recital D a (new)
Recital D a (new)
Da. whereas systematic and severe violations of fundamental rights perpetrated by Croatian authorities at the country’s external borders have been widely reported by international organisations, civil society organisations and media outlets;
Amendment 35 #
2022/0806(NLE)
Draft legislative resolution
Recital D b (new)
Recital D b (new)
Db. whereas the European Court of Human Rights, in case M.H. and others v. Croatia, found Croatia in violation of the Convention following the death of six- year-old Afghan Madina Hussiny;
Amendment 37 #
2022/0806(NLE)
Draft legislative resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the establishment of an independent monitoring mechanism at the external borders was an integral part of the conditions set by the Commission to Croatia for receiving emergency assistance under the Internal Security Fund - Borders and Visa; whereas actions funded under the instrument shall be implemented in full compliance with fundamental rights and respect for human dignity;
Amendment 39 #
2022/0806(NLE)
Draft legislative resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the full compliance with fundamental rights is a horizontal obligation stemming from, inter alia, Regulation (EU) 2016/399 (Schengen Borders Code) and Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation);
Amendment 42 #
2022/0806(NLE)
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls Croatia of its obligations and commitments under the Schengen acquis, including the full compliance with fundamental rights;
Amendment 43 #
2022/0806(NLE)
Draft legislative resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on Croatia to strengthen the mandate, independence and transparency of the ‘independent mechanism of monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection’, in line with the standards of the Council of Europe; calls, furthermore, on Croatia to ensure that the independent monitoring mechanism shall be able to have unhindered access to the entire border area, including the green borders, to receive and act upon information available in the public domain and/or information from international organisations, non-governmental organisations, journalists, EU agencies and institutions and affected individuals, and designed in a way to ensure direct accessibility for victims of violations, also for those in third countries; finally, calls on Croatian authorities to promptly and effectively follow-up all reported violations;
Amendment 44 #
2022/0806(NLE)
Draft legislative resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission, in line with the suggestions made by the European Ombudsman, to provide clear and up-to-date public information on the functioning of the monitoring mechanism in Croatia, to oversee the mechanism and monitor whether it is indeed independent and that it is effective in ensuring compliance with fundamental rights and EU law, and to demand concrete and verifiable information from the Croatian authorities on the steps taken to investigate reports of collective expulsions and mistreatment of migrants and asylum seekers;
Amendment 45 #
2022/0806(NLE)
Draft legislative resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Call on the Council to adopt its decision on the full application of the provisions of the Schengen acquis in the Republic of Croatia exclusively after the conditions set in paragraphs 1a, 1b and 1c above are fully met;
Amendment 1 #
2022/0212(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern that the brutal Russian aggression against Ukraine and its worldwide effects have dramatically increased humanitarian assistance needs, which were already under pressure because of funding gaps and the multiplication of crises in the world; underlines that the numerous and consistent top-ups of the EU’s annual humanitarian budget over the past years have proven the initially allocated funding to never be sufficient to cover the humanitarian needs for the entire year; calls to significantly increase humanitarian aid to address the unprecedented gap between needs and available resources, which currently stands at $36.9 billion – the highest ever1 ; _________________ 1 OCHA Global Humanitarian Overview 2022, Mid-Year Update, https://reliefweb.int/report/world/global- humanitarian-overview-2022-mid-year- update-snapshot-21-june-2022; recalls that, due to increasing humanitarian needs throughout 2022, the MFF profile set for 2022 was already raised up to a provisional rate of nearly EUR 2.2 billion; calls to increase the humanitarian aid budget by at least 900 million euros, as the situation is not likely to improve in 2023, as the conflict in Ukraine and its global economic repercussions have exacerbated the already dismal humanitarian situation worldwide.
Amendment 6 #
2022/0212(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. calls on the increase of funding for crisis response to properly address the current challenges, in particular measures to ensure specific needs of women and children in crisis and conflict situations, including preventing their exposure to gender-based violence and their participation in building peace, as well as measures in response to the impacts of climate change, natural or man-made disasters, threatening stability and public health;
Amendment 9 #
2022/0212(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Is extremely alarmed by the deepening food insecurity, with up to 345 million people across 82 countries estimated to be acutely food insecure in 20222 ; calls for additional funding for the “Prosperity” thematic programme of the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI-Global Europe) to help partner countries develop resilient sustainable agri-food systems and reduce their dependence on food imports; _________________ 2 WFP Global Ope, rural development, fisheries and aquaculture to enhance resilient local food production which are based on agroecological practional Response Plan 2022, June Update, https://docs.wfp.org/api/documents/WFP- 0000140306/download/?_ga=2.9396989.99 022134.1657279887- 893066287.1657279887.ces, promotes small-scale producers and local communities and reduce their dependence on food imports;
Amendment 11 #
2022/0212(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. calls for an increase of 20 million euros in commitments for each of the following geographic programmes: West Africa and East and Central Africa, to help implement anticipatory and medium to long-term locally led climate adaptation actions to increase the resilience of small- scale local food production and compensate for climate change induced loss and damage;
Amendment 13 #
2022/0212(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls to increase thematic programmes of the NDICI-Global Europe (NDICI-GE) and to focus on human development investments, in particular through the “People” thematic programme, to address growing inequalities as required by the 20% budgetary target set in the regulation;
Amendment 15 #
2022/0212(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out the need to support investments to end Covid-19, HIV, TB, Malaria and other epidemics in the framework of global health interventions, particularly for health system strenghtening through the ‘People’ thematic programme; underlines that this programme should also focus on education and social protection with a gender-responsive approach, to address growing inequalities resulting from the fallout of the Covid and Ukraine crises; calls for this thematic programme to include adequate financing for the protection of cultural heritage, in particular those of Indigenous People and Local Communities (IPLC), and support agreements for the return of cultural property to their country of origin;
Amendment 16 #
2022/0212(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to support partner countries to buy and eventually produce vaccines and treatments, as well as to develop more robust health systems and close access gaps to essential health services; support the waiving of intellectual property protections for COVID-19 vaccines; underlines that development aid should primary be dedicated to deliver - “horizontal” - universal health care system coverage through a holistic and rights-based approach, which entails i.a. to fully address the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty); stresses that Universal public health coverage must be associated with the expansion of the coverage of social health protection mechanisms during and beyond the crisis;
Amendment 19 #
2022/0212(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out the need to finance climate change adaptation and mitigation measures in partner countries through the “Planet” thematic programme, which should receive adequate funding; as well as actions for the protection of biodiversity, with a focus on supporting locally led actions in partner countries through the “Planet” thematic programme, which should receive adequate funding; underlines that more investments in climate adaptation will help better prevent impacts of climate change and more expenditures in addressing those impacts; calls for an increase in appropriations for the protection of biodiversity under NDICI-GE given the fact that reaching the 2026 and 2027 MFF biodiversity targets remains insufficient; stresses that new investment tools to support resource mobilisation can be used to this end (e.g biodiversity- relevant taxes, fees and charges); calls on scaling up investments to better track, reform and phase-out subsidies harmful for biodiversity and channelling them towards biodiversity friendly activities, in line with Agenda2030 ;
Amendment 24 #
2022/0212(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. calls on increasing support to civil society organizations, given the shrinking space for civil society in many developing countries; due to the global rise of extremist discourse that threatens the upholding of women’s rights, calls on ensuring adequate support to civil society organizations supporting women’s and girls’ full enjoyment of human rights as well as sexual and reproductive health and rights, gender equality and the empowerment of women, girls, LGBTIQ+, human right defenders, minorities and other marginalised population;
Amendment 31 #
2022/0212(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. recalls that article 4.2 of NDICI- GE provides for the creation of geographic programmes of continental or trans-regional scope, including an ACP programme; considers that such programme will complement EU programming at regional and country level in these parts of the world and shall be designed so as to support the OACPS in a way that incorporates the parliamentary dimension of the EU- OACPS partnership, namely in terms of human resources being dedicated to the joint parliamentary and regional assemblies set up under the Cotonou Agreement and the future Partnership Agreement respectively;
Amendment 34 #
2022/0212(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Is alarmed that there is no margin under Heading 6 in draft budget 2023, which underscores that the multiannual financial framework does not provide sufficient means for Union’s external action and needs to be revised.; calls on the Commission to conduct an in-depth review of the functioning of the current MFF and proceed with a legislative proposal for a comprehensive revision of the MFF as soon as possible and not later than the first quarter of 2023 that substantially increases the resources for Heading 6; urges the Member States to agree to a significant increase in ceilings; calls on the Commission to create an effective crisis response mechanism to tackle the new without jeopardizing priorities established under co-decision in the relevant programs, in particular as regards climate and development aid;
Amendment 51 #
2022/0132(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's common visa policy has been an integral part of the establishment of an area without internal borders. Visa policy should remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. The common visa policy should contribute to generating growth and be consistent with other Union policies, such as those concerning external relations, trade, education, culture and tourism. In March 2018 Commission communication on visa policy addressed the concept of “e-visas” and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments43 . _________________ 43 Recital 20 in Regulation (EU) 2019/1155
Amendment 53 #
2022/0132(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The initiative is in line with the general EU approach to encourage the modernisation and digitalisation of public services and the Commission communication on the 2030 Digital compass: the European way for the digital decade44 . Since the entry into force of Regulation (EC) No 810/2009 of the European Parliament and of the Council45 in 2010 and the start of operations of the Visa Information System (VIS) in 2011 under Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , migration and security challenges faced in recent years have considerably transformed the visa policy context. In addition, significant technological developments provide new opportunities to make the Schengen visa application process smoother and more effective for third-country nationals and Member States authorities. _________________ 44 COM(2021) 118 final, Commission communication on the 2030 Digital Compass: the European way for the Digital Decade 45 Regulation (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). 46 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, (OJ L 218, 13.8.2008, p. 60).
Amendment 58 #
2022/0132(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The EU online application platform should provide the applicant with up-to- date information on Schengen short-stay visas, as well as on the entry criteria in the Schengen area as provided for in Article 6 of Regulation (EU) 2016/399, and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU online application platform should also provide information on the processing of personal data in the context of the Visa Information System (VIS). The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required.
Amendment 68 #
2022/0132(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions which should apply in individual cases because of humanitarian reasons could cover digital accessibility issues. Particular attention should be paid to persons with disabilities.
Amendment 70 #
2022/0132(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Special provisions should also apply with regard to persons living in areas with no or limited access to digital technologies or connection.
Amendment 71 #
2022/0132(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) The issuing of a visa to a person seeking protection constitutes a means of allowing such person to access the territory of the Member States in a safe manner. When considering consular territorial competence, the admissibility of a visa application or the possibility of issuing a visa with limited territorial validity, consulates should, therefore, pay particular attention to persons seeking protection. For such persons, Member States should make use of the exemptions on humanitarian grounds or because of international obligations provided for in Regulation (EC) 810/2009.
Amendment 79 #
2022/0132(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be imported into the national system from the temporary storage as established by the VIS Regulation and deleted from the temporary storage with the exception of contact data. Member State competent authorities that are data controllers for VIS shall be designated as data controllers in relation to the processing of personal data in the EU Online Visa Application Platform.
Amendment 86 #
2022/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) External service providers should have access to the EU application platform only to retrieve and review submitted applications; verify the data temporarily stored (for example, scan of travel document); collect and upload biometric identifiers; perform quality checks of the uploaded supporting documents; confirm that an application has been reviewed and thus making it available to the consulate for further processing; external service providers should not have access to data stored in VIS or to any copy of VIS.
Amendment 92 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days;, or the purpose of stay;
Amendment 95 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point a
Article 9 – paragraph 1b – point a
(a) third-country nationals in individual cases for humanitarian reasons, including in the circumstances provided for in article 25(1);
Amendment 99 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point aa (new)
Article 9 – paragraph 1b – point aa (new)
(a a) third-country nationals with disabilities impacting their digital accessibility;
Amendment 100 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point ab (new)
Article 9 – paragraph 1b – point ab (new)
(a b) third-country nationals living in areas with no or limited access to digital technologies or connection, or to online payment services;
Amendment 101 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point ac (new)
Article 9 – paragraph 1b – point ac (new)
(a c) persons seeking international protection within the meaning of article 25(1a);
Amendment 105 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b – introductory part
Article 1 – paragraph 1 – point 7 – point b – introductory part
Regulation (EC) No 810/2009
Article 10 – paragraph 1ba (new)
Article 10 – paragraph 1ba (new)
(b) the following paragraphs 1a, 1b and 1ba are inserted:
Amendment 107 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 810/2009
Article 10 – paragraph 1ba (new)
Article 10 – paragraph 1ba (new)
1b a. The European Commission shall issue guidelines to facilitate a common understanding among Member States of the exceptional cases referred to in paragraph 1a.
Amendment 116 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 810/2009
Article 13 – paragraph 7c
Article 13 – paragraph 7c
7c. Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e of Regulation (EC) No 767/2008 shall be used for this purpose purpose of uploading the biometric identifiers as provided for in paragraph 1(b) of Article 7e.;
Amendment 120 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 810/2009
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
In cases referred to in paragraph 3, if the Member State finds that it is not competent, it shall, without delay, notify the applicant using the secure account service in the EU application platform, indicating which Member State is competent, without prejudice to the prerogatives of the Member State pursuant to article 25.
Amendment 121 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – introductory part
Article 1 – paragraph 1 – point 19 – introductory part
Regulation (EC) No 810/2009
Article 25
Article 25
(19) in Article 25, the following paragraph 6 is addedmended as follows:
Amendment 122 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a (new)
Article 1 – paragraph 1 – point 19 – point a (new)
Regulation (EC) No 810/2009
Article 25 – paragraph 1a (new)
Article 25 – paragraph 1a (new)
a) the following paragraph 1a is added: 1a. For the purpose of paragraph 1, a visa with limited territorial validity issued for humanitarian grounds or because of international obligations could also refer to a visa allowing the holder to enter the territory of the Member State issuing the visa for the purpose of making an application for international protection in that Member State;
Amendment 126 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EC) No 810/2009
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
For applications submitted via the EU application platform, information regarding decisions on refusal and the reasons on which it is based shall be notified to the applicant, as soon as the refusal decision is available, by secure electronic means in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same information as set out in Annex VI, in the language of the Member State that has taken the final decision on the application and another official language of the Union.
Amendment 128 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EC) No 810/2009
Article 32 – paragraph 2 – subparagraph 2
Article 32 – paragraph 2 – subparagraph 2
Member States may add additional documents to the standard notification, justifysubstantiating the refusal decision.
Amendment 130 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EC) No 810/2009
Article 32 – paragraph 2 – subparagraph 4
Article 32 – paragraph 2 – subparagraph 4
The Commission shall adopt delegated acts in accordance with Article 51a in order to amend the refusal form, as set out in Annex VI or as a notification as referred to in Chapter Ia of Regulation (EC) No 767/2008.;
Amendment 133 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation (EC) No 810/2009
Article 32 – paragraph 3 – third sentence
Article 32 – paragraph 3 – third sentence
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified as specified in Annex VI or in the refusal notification of the decision on refusal sent via the EU application platform;
Amendment 134 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 810/2009
Article 32a – paragraph 3
Article 32a – paragraph 3
Amendment 137 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 810/2009
Article 32a – paragraph 9
Article 32a – paragraph 9
9. The procedure regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder to submit a new visa application or to appeal the relevant decision on refusal or revocation pursuant to Article 32(3) or Article 34(7).;
Amendment 138 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point -a (new)
Article 1 – paragraph 1 – point 23 – point -a (new)
Regulation (EC) No 810/2009
Article 33 – paragraph 1a (new)
Article 33 – paragraph 1a (new)
(-a) the following paragraph 1a is added: “1a. The period of validity and/or the duration of stay of an issued visa shall be extended to allow the conclusion of the procedure for international protection in the circumstances provided for in Article 25, paragraphs 1 and 1a. Such an extension shall be granted free of charge".
Amendment 139 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EC) No 810/2009
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Visa holders may apply for extension online via the EU application platform. They shall provide personal data, number of visa and travel document, upload supporting documents proving force majeure, humanitarian reasons, the ongoing procedure for international protection or the lodging of the relevant application, and/or serious personal reasons preventing them from leaving the territory of the Member States, and pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.;
Amendment 142 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Regulation (EC) No 810/2009
Article 34 – paragraph 6
Article 34 – paragraph 6
6. AFor applications submitted via the EU application platform, a decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, pursuant to Article 12 of Regulation (EC) No 767/2008, and notified to the applicantnotified to the applicant, as soon as the decision is available, by secure electronic means in accordance with Article 7f of Regulation (EC) No 767/2008 or by means of the standard form. The notification shall contain the information set out in Annex VI f. For applications not submitted via the EU application platform. The notification shall contain the information a decision on annulment or revocation of a visa and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI.;
Amendment 143 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Regulation (EC) No 810/2009
Article 34 – paragraph 7
Article 34 – paragraph 7
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as set outpecified in Annex VI or in the notification of the decision on annulment or on revocation sent via the EU application platform;
Amendment 147 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point c – point 1
Article 1 – paragraph 1 – point 28 – point c – point 1
Regulation (EC) No 810/2009
Article 43 – paragraph 6 – point c
Article 43 – paragraph 6 – point c
(c) collecting data (including collection of biometric identifiers and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities where applicablein case of documents and information not automatically received by these authorities, and uploading them to the EU application platform;;
Amendment 150 #
2022/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Regulation (EC) No 810/2009
Article 44 – paragraph 1a
Article 44 – paragraph 1a
Amendment 152 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7a – paragraph 1 – subparagraph 1a (new)
Article 7a – paragraph 1 – subparagraph 1a (new)
The EU Online Visa Application Platform (‘EU Application Platform’) shall also provide general information to the public regarding the entry conditions for third- country nationals pursuant to Article 6 of Regulation (EU) 2016/399.
Amendment 154 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 1a (new)
Article 7b – paragraph 1a (new)
1 a. The EU application platform shall provide the information to each applicant as referred to in Articles 37 and 38.
Amendment 155 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – subparagraph 1 – introductory part
Article 7b – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to Article 7ba, the applicant shall provide, if applicable, the following personal data in the application form:
Amendment 156 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – subparagraph 1 – point 8
Article 7b – paragraph 2 – subparagraph 1 – point 8
(8) sex/gender;
Amendment 159 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
Amendment 160 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – subparagraph 3
Article 7b – paragraph 2 – subparagraph 3
All such data shall be recorded and stored in the temporary storage capacity in line with the data retention periods defined in Article 7c.
Amendment 163 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 3 – subparagraph 1
Article 7b – paragraph 3 – subparagraph 1
The EU application platform shall also contain a secure account service. The secure account service shall have the possibility for the applicant to keep the data provided for subsequent applications, but only if the applicant freely and explicitly gives his or her consents to such storage, within the meaning of Article 4, point (11) of Regulation (EU) 2016/679.
Amendment 165 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 5
Article 7b – paragraph 5
Amendment 166 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 5a (new)
Article 7b – paragraph 5a (new)
5 a. In relation to the processing of personal data in the temporary storage and in the secure account service, EU- Lisa shall be considered controller within the meaning of Article 3, point (8) of Regulation (EU) 2018/1725.
Amendment 168 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 7
Article 7b – paragraph 7
7. The Commission shall, by means of implementing actsdelegated acts adopted pursuant to Article 48a, define the requirements concerning the format of the personal data referred to in paragraphs 2 and 5 of this Article to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
Amendment 171 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 4
Article 7c – paragraph 4
4. If necessaryWhere applicable, the applicant shall be able to use the EU application platform to pay the visa fee using the payment tool referred to in Article 7d.
Amendment 172 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(a) the application has been lodged within the period referred to in Article 9(1) of Regulation (EC) No 810/2009, if applicable;
Amendment 174 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 9 – subparagraph 3
Article 7c – paragraph 9 – subparagraph 3
The application platform shall be designed so as to ensure that Article 19 paragraphs (4) and (4a) and Article 25 of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissible or to proceed with the issuing of the visa where exceptional grounds so require.
Amendment 176 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 10a (new)
Article 7c – paragraph 10a (new)
10 a. Following the notification referred to in paragraph 9, the Member State authorities that are controllers for VIS shall be controllers within the meaning of Article 4, point (7) of Regulation (EU) 2016/679 in relation to the processing of personal data. EU-Lisa will continue to be data controller with respect to the date stored in the secure account service.
Amendment 177 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 11
Article 7c – paragraph 11
11. If the competent consulate or the central authorities of the competent Member State accept the application submitted via the EU application platform the data shall be transferred to the national system from temporary storage. The data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service, where applicable.
Amendment 178 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 12
Article 7c – paragraph 12
12. If the applicant withdraws the application following the automated competence and admissibility pre-check, the data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service, where applicable.
Amendment 181 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7e – paragraph 2a (new)
Article 7e – paragraph 2a (new)
2 a. The authentication scheme shall be designed in a way to exclude access by external service providers to the read-only copy of VIS as referred to in article 7c(5).
Amendment 184 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(b) for visa refused: data listed in Articles 19, 25 and 32 of Regulation (EC) No 810/2009 and Article 12 of this Regulation;
Amendment 187 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7g – paragraph 4
Article 7g – paragraph 4
4. The Commission shall adopt implementing actsdelegated acts pursuant to Article 48a concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service, including unique identifier for the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). .;
Amendment 188 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 767/2008
Article 9 – paragraph 4 – point p
Article 9 – paragraph 4 – point p
Amendment 191 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 767/2008
Article 12a – paragraph 2
Article 12a – paragraph 2
Amendment 192 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 767/2008
Article 15 – paragraph 2 – point f
Article 15 – paragraph 2 – point f
(f) the visa number, long-stay visa or residence permit number and the date of issue of any previous visa, long-stay visa or residence permit;
Amendment 193 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 – point b
Article 2 – paragraph 1 – point 10 – point b
Regulation (EC) No 767/2008
Article 18 – paragraph 3
Article 18 – paragraph 3
3. By way of derogation from paragraph 2 of this Article, wWhere a search is launched in the EES pursuant to Article 23(2) or (4) of Regulation (EU) 2017/2226, the competent border authority may search the VIS without making use of the interoperability with the EES, where specific circumstances so require, in particular, where it is technically impossible, on a temporary basis, to consult the EES data or in the event of a failure of the EES.;
Amendment 194 #
2022/0132(COD)
Where the identity of the visa holder cannot be verified with fingerprints the competent authorities may also carry out the verification with the facial image. The facial image shall not be the only search criterion.;
Amendment 195 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EC) No 767/2008
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) the data entered in respect of any visa issued, refused, confirmed, annulled, revoked or extended referred to in Articles 10, 12, 12a, 13 and 14;;
Amendment 196 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Regulation (EC) No 767/2008
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
(e) the data entered in respect of any visa issued, refused, confirmed, annulled, revoked or extended referred to in Articles 10, 12, 12a, 13 and 14;;
Amendment 197 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point b – introductory part
Article 2 – paragraph 1 – point 17 – point b – introductory part
Regulation (EC) No 767/2008
Article 22o – paragraph 3
Article 22o – paragraph 3
(b) the following points (f) and (g) areis added:
Amendment 199 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point b
Article 2 – paragraph 1 – point 17 – point b
Regulation (EC) No 767/2008
Article 22o – paragraph 3 – point f
Article 22o – paragraph 3 – point f
(f) IPemail address;
Amendment 200 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point b
Article 2 – paragraph 1 – point 17 – point b
Regulation (EC) No 767/2008
Article 22o – paragraph 3 – point g
Article 22o – paragraph 3 – point g
Amendment 201 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 – point b – introductory part
Article 2 – paragraph 1 – point 18 – point b – introductory part
Regulation (EC) No 767/2008
Article 22r – paragraph 3
Article 22r – paragraph 3
(b) the following points (f) and (g) areis added:
Amendment 203 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 – point b
Article 2 – paragraph 1 – point 18 – point b
Regulation (EC) No 767/2008
Article 22r – paragraph 3 – point f
Article 22r – paragraph 3 – point f
(f) IPemail address;
Amendment 204 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 – point b
Article 2 – paragraph 1 – point 18 – point b
Regulation (EC) No 767/2008
Article 22r – paragraph 3 – point g
Article 22r – paragraph 3 – point g
Amendment 205 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 – introductory part
Article 2 – paragraph 1 – point 19 – introductory part
Regulation (EC) No 767/2008
Article 45 – paragraph 2
Article 45 – paragraph 2
(19) in Article 45(2), the following points (g) to (om) are added:
Amendment 206 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 45 – paragraph 2 – point h
Article 45 – paragraph 2 – point h
Amendment 207 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Regulation (EC) No 767/2008
Article 45 – paragraph 2 – point n
Article 45 – paragraph 2 – point n
Amendment 208 #
2022/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Regulation (EC) No 767/2008
Article 48a – paragraph 2, paragraph 3 and paragraph 6
Article 48a – paragraph 2, paragraph 3 and paragraph 6
(20) in Article 48a(2), (3) and (6), the references to “Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)” are replaced by references to “Article 7b, Article 7g, Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)”.
Amendment 209 #
2022/0132(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 2 – point b
Article 8 – paragraph 1 – point 2 – point b
Regulation (EU) 2017/2226
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 210 #
2022/0132(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. FivThree years after the date of start of operations according to Article 120(1) of this Regulation, and subsequently two years after the date referred to in Article 10(3), the Commission shall evaluate the operation of the EU application platform. This evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of Regulation (EC) No 810/2009 and Regulation (EC) No 767/2008, as amended by this Regulation.
Amendment 2 #
2021/2252(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the report by the High-Level Group of Wise Persons on the European financial architecture for development, ‘Europe in the World - The future of the European Architecture for Development’ of October 2019,
Amendment 3 #
2021/2252(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the Council Feasibility study on options for strengthening the future European Financial Architecture for Development of 14 April 2021,
Amendment 4 #
2021/2252(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the EIB-EBRD Joint Report on the European Financial Architecture for Development of 25 November 2021,
Amendment 5 #
2021/2252(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the Commission's roadmap for an improved European financial architecture for development and 2021 progress report of 24 March 2022,
Amendment 6 #
2021/2252(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
— having regard to the opinion of the European Court of Auditors, No 7/2020 accompanying the Commission’s report on the implementation of the European Fund for Sustainable Development (EFSD),
Amendment 7 #
2021/2252(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the 6th European Union – African Union Summit of 17-18 February 2022 and related final statement entitled ‘A Joint Vision for 2030’,
Amendment 23 #
2021/2252(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas, among its recommendation for an enhanced EFAD, the report of the Wise Person Group released in October 2019 recommended setting up a European Climate and Sustainable Development Bank (ECSDB), an option immediately dismissed by Member states as being too costly and too long to implement within the new budgetary period; whereas, instead, the Council opted for an alternative option to those suggested by the High-Level Group of Wise Persons, called Status Quo +, which does not fundamentally change existing structures but calls for improving them; whereas the Status Quo+ option envisages the following improvement at no additional cost for member states: improvement of the presence of the EIB on the ground and change of its business model towards a more development bank- oriented one, gradual expansion of EBRD’s scope of action into sub-Saharan Africa, increase of the capacity of the Commission, European External Action Service(EEAS) and EU delegations;
Amendment 27 #
2021/2252(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas NDICI-Global Europe modifies significantly the external investment framework, bringing together blended finance and guarantees under the EFSD+ - External Action Guarantee (EAG); whereas the EFSD+ considerably expands the geographic scope and financial envelope of its predecessor, the EFSD, and will be able to guarantee operations up to EUR 53.4 billion through the EAG; whereas the ‘policy first’ principle at the core of the NDICI-Global Europe represents a shift towards a policy objectives-driven cooperation and subjects the use of EU budgetary guarantees to the programming process;
Amendment 28 #
2021/2252(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 36 of the ‘Neighbourhood, Development and International Cooperation Instrument – Global Europe’ Regulation sets out the specific role of the EIB under that instrument; whereas, although the regulation enhances the capacity of European Development Finance Institutions to benefit from EFSD+, the EIB remains the major beneficiary of EFSD+, with three dedicated windows for a total of 26.7 billion EUR, including a dedicated investment window for operations with sovereign and non- commercial sub-sovereign counterparts, which is exclusive to the EIB except for operations that the EIB decides, on its own terms, not to carry out or which it cannot carry out;
Amendment 29 #
2021/2252(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EU companies and financing institutions operating in developing countries during the last decade have increasingly faced unfair competition from global players that operate outside the multilateral development finance system; whereas a well-functioning Policy Coherence for Development and support for Domestic Resource Mobilisation (DRM) is an integral part of sound financial management and aimed at increasing aid effectiveness through concrete initiatives, such as supporting the fight against corruption and the development of progressive tax systems, tackling tax avoidance and evasion;
Amendment 42 #
2021/2252(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that projects involving EFAD actors financed via EFSD+ - External Action Guarantee shall be screened to determine if they have an environmental, climate or social impact and, if so, shall be subject to climate, environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimensions; recalls that the Union and the Member States committed, under Article 2.1(c) of the Paris Agreement, to align both public and private financial flows to a pathway compatible with the objective of limiting global warming to 1.5°C; stresses that this requires phasing out all direct and indirect fossil fuel subsidies as soon as possible and by 2025 at the very latest; demands, in this regard, that no single operation under EFAD finances sectors that fuel the climate crisis, primarily fossil fuel industries;
Amendment 47 #
2021/2252(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. sStrongly insists that EFAD must strengthen the strategic partnerships between the European Union and its global development partners; reiterates that such partnerships should always be based on mutual respect and dignity, shared interests and values; underlines that ensuring development and financial additionality as well as country ownership and development effectiveness with a focus on results are a prerequisite for projects financed through the EFAD;
Amendment 51 #
2021/2252(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the prominent role attributed to blending mechanisms in EU development policy and the financing of SDGs at the expense of other aid modalities with the risk to divert scarce ODA away from other useful policy measures such as budget support, mobilising domestic tax revenues or fighting tax avoidance; stresses that, while blended finance has grown rapidly, there is little evidence of its development impact, with only a small portion going to LDCs; recalls equally that blending raises concerns in terms of debt sustainability; calls, accordingly, on the EU and its Member States to adopt a cautious approach to blended finance and ensure that all finance mobilised through blending meets development effectiveness principles; recalls also that investing through blending may lead to market distortion, leaving behind projects from the local market that cannot compete; calls, in this regard, for monitoring, by the European Parliament, of the proper implementation of NDICI-GE provisions on preventing market distortion and that any assessment of EFSD+ takes into consideration the proper implementation of these provisions;
Amendment 54 #
2021/2252(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the interconnection between development and security; hHighlights the role that development plays in preventing conflicts, ensuring durable exits from conflicts and bolstering crisis management; insists on the importance of further developing a well- tailored development-security nexus which does not promote an economic vision of development which emphasizes the role of infrastructure and construction and related employment while obscuring the important dimensions of food and nutrition insecurity, failing governance and lack of access to essential services, human rights violations, climate change, unequal wealth distribution and gender inequality;
Amendment 68 #
2021/2252(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the role of a collective, coherent EU approach, which could be effective in helping to foster the expansion of social protection systems and essential public services in developing countries;
Amendment 69 #
2021/2252(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the private sector cannot guarantee universal access to, or replace public investments in particular in, critical services, such as health, education and social protection, that provide crucial long-term prospects for the graduation from poverty; calls on the EU and its Member States, in a context where ODA remains a scarce resource, to limit blending operations to those areas where they can add value to the local economy, but to exclude blended finance from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; urges, more broadly, the European Commission and the Member States to prioritise partnerships with LDC domestic enterprises that pursue sustainable and inclusive business models;
Amendment 72 #
2021/2252(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that consistency across all EU financing instruments, initiatives and strategies is crucial in order to maximise the EU’s global response to sustainable growth, development and peace and ensure the respect of the Policy Coherence for Development principle;
Amendment 81 #
2021/2252(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. iIs alarmed at how the COVID-19 pandemic has exposed the long-standing structural drivers of health inequalities; recalls that, according to the United Nations “Financing for Sustainable Development Report” (2021), the Covid- 19 pandemic could lead to a “lost decade” for sustainable development; stresses that the war in Ukraine, in all its dimensions, is producing alarming cascading effects for a world economy already battered by COVID-19 and climate change, with particularly dramatic impacts on developing countries, including the existing debt problems, further endangering their efforts at mobilizing sufficient resources to achieve the SDGs; underlines that LDCs have been particularly impacted due to their dependence on trade as a driver of economic growth, their small domestic markets and low levels of diversification, all of which increase their vulnerability to external shocks; underlines that additional efforts in terms of debt relief is urgently needed to avoid widespread defaults in developing countries and to facilitate investments in recovery and the SDGs;
Amendment 89 #
2021/2252(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. bBelieves that EFAD and the long- awaited EU SDG strategy must reflect and facilitate a coordinated and coherent set of internal and external EU policies and commitments; regrets, in that contextunderlines that public and private financing must be aligned with the SDGs and the Paris Agreement; regrets, that the Commission has not yet developed an integrated and holistic SDG implementation strategy which presents a significant challenge to the ambition to achieve policy coherence, due to the lack of clear, measurable and time-bound EU- wide targets for all SDGs to report against; calls for sustainable development to be prioritised and mainstreamed throughout the project cycle(design, implementation, evaluation) process, through robust impact assessment;
Amendment 93 #
2021/2252(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the need to enhance and improve the institutional set-up, reduce heavy bureaucratic coordination and strengthen institutional flexibility; urges the Commission to provide additional information on its calculation of the leverage ratio for investment operations, notably in the case of the recently announced EU Global Gateway;
Amendment 96 #
2021/2252(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. IStresses that more efforts must be undertaken to comply with policy coherence for sustainable development (PCD) principles, especially for the EU trade, agricultural, fisheries, environment, climate, migration, foreign and security policies, in order to achieve aid effectiveness objectives; insists that mechanisms for ensuring policy coherence for sustainable development (PCD) must be enshrined in EFAD and used more systematically and efficiently by all relevant EU institutions and all Member States, including at the highest political level; stresses that these mechanisms should be implemented accordingly by the EIB, EBRD, DFIs and their intermediaries;
Amendment 104 #
2021/2252(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Demands that EFAD be consistent with future EU due diligence and corporate responsibility legislation and that it adhere to o ensure corporate compliance withe highest standards of transparuman rights standards and regulatory developments, including with regard to mandatory due diligencye, and accountabilitywith international commitments on business and human rights;
Amendment 109 #
2021/2252(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Team Europe approach should play a key role in further improving strategic cooperation and global coordination and the coherence and effectiveness of development efforts, especially at partner-country level, and believes that it has the potential; expects that it will deliver when it comes to further identifying key issues that need to be solved;
Amendment 114 #
2021/2252(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to put forward a powerful EU policy direction to coordinate the EFAD and to further align the EU development financial institutions’ activities within the new open architecture; is of the opinion that the programming process must fully cover the use of EU budgetary guarantees;
Amendment 117 #
2021/2252(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the publication of the European Commission’s first roadmap for an improved European financial architecture for development and 2021 progress report; recalls that the NDICI- GE requires that the Commission discloses to the Council and the European Parliament the composition, terms of reference and rules of procedure of the technical assessment group (GTAG+) and ensure the impartiality and absence of conflicts of interest of its members; urges that similar measures to ensure transparency and impartiality are put into place for the High-Level expert group which will provide the Commission with recommendations on further accelerating the flow of private capital to low and middle-income countries;
Amendment 127 #
2021/2252(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Underlines the multi-pillar structure of the EFAD, leveraging the expertise and role of all of its members, i.e. the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD), European bilateral financing institutions and European development finance institutions; calls on EFAD members to strengthen the due diligence of their operations, ensure meaningful consultation of the local population throughout the implementation of the projects, further develop their development expertise and dedicated capacity and human resources on the ground, implement gender mainstreaming and protect human rights in all operations, be equipped with solid accountability mechanisms for impacted communities and closely monitor, and report on, the shortcomings of their involvement and the role of their intermediaries in projects which have negatively impacted local populations in developing countries;
Amendment 141 #
2021/2252(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the EIB’s flagship role in the European Green Deal and its substantial contribution to the EU’s economic response to the COVID-19 pandemic; calls for the EU to further maximise the potential of the EIB as a tool to leverage the EU’s strategic autonomy and promote its external policy interests and priorities in itsinclusive approach of the EFAD, with all EFAD members supporting the EU’s development policy objectives as well as international human rights standards and climate commitments in their relations with non-EU countries;
Amendment 143 #
2021/2252(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WelcomNotes the setting-up of EIB Global, a dedicated development branch within the EIB Group, which has been operational since 1 January 2022; notes that Member States will not allocate new resources to the new branch for its development role, although it brings about changes such as the establishment of regional hubs, starting with Kenya, and a new governance body; stresses that a lack of commitment towards targeted resources jeopardises the mandate of EIB Global from the start; calls, therefore, on a concrete and strong development mandate of the new EIB Global, which specifies the criteria to assess the development orientation of a project and the processes in place to ensure compliance with these orientations; calls on the new branch to ensure full transparency, meaningful representation from recipient countries as well as better involvement of civil society through extensive dialogue with a broad range of actors including Civil Society Organisations (CSOs);
Amendment 153 #
2021/2252(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages the EIB and the European Bank for Reconstruction and Development to further reinforce their complementarity and their business models through greater mutual reliance initiatives; 19. Encourages the EIB and the European Bank for Reconstruction and Development (EBRD) to further reinforce their complementarity and their business models through greater mutual reliance initiatives; calls on the EIB and the EBRD to better formalise their division of labour in order to help each bank to automatically focus on its respective core competencies, thus avoiding duplication and undercutting which would result in further competition and fragmentation in the implementation of the SDGs and the Paris Agreement;
Amendment 157 #
2021/2252(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the EIB, the European Bank for Reconstruction and Development and the European development banks and financial institutions to strengthen their cooperation, in order to avoid fuelling further the competition within the EFAD multi-pillar structure, as it would undermine the objectives of effective development cooperation when it comes to reducing poverty and achieving sustainable development;
Amendment 161 #
2021/2252(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that the EIB new Environmental and Social Standard Framework (ESSF) falls short of improving the orientation of the bank in these fields; calls on the ESSF to ensure the protection and promotion of human rights on the basis of a clear system of human rights due diligence and a stand- alone Human Rights Impact Assessment in cases where high human rights risks are identified or in case a project is likely to have a human rights impact; urges the ESSF to also require appropriate assessments for projects outside the EU, which may impact legally protected and internationally recognised areas of biodiversity value, and to specify that the most endangered ecosystems should be totally excluded if there is a possibility of financing environmentally, and/or socially harmful activities, including notably extractive industries; calls on EIB’s intermediaries to always refer high- risk sub-projects to the EIB for review and approval and to disclose environmental information on these projects for public scrutiny and accountability; likewise, calls for the EIB’s accountability for its intermediated projects, instead of leaving final beneficiaries to self-police, as the current ESSF allows;
Amendment 166 #
2021/2252(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on Member States’ development finance institutions to further expand microcredit facilitiesfinancial inclusion to support access to sustainable loansfinance to those most in need, including women as it contributes to their economic empowerment;
Amendment 168 #
2021/2252(INI)
23. Encourages sustained engagement by all development banks and institutions, and a more flexible approach to risk and return on investment; particularly by engaging in more fragile and poorer countries;
Amendment 175 #
2021/2252(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recognises the importance and potential of Member State development banks within the EFAD structure; stresses the pressing need to boost private sector development in sub-Saharan Africais concerned, however, by the role of intermediaries partnering with DFIs, notably regarding reported violations of human rights;
Amendment 176 #
2021/2252(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to report annually on Team Europe initiatives and ensure the report is shared with the European Parliament and made public; stresses that the European Parliament has a key role to play in scrutinising the political objectives and expected results of TEIs both at general and project levels, ensuring that TEIs work alongside existing mechanisms and complement rather than supplement the multi-annual indicative programmes, and making sure that partner country ownership is being taken into account; stresses that the EP should ensure that adequate investment is assigned to independent evaluations of the TEIs and that the results are publicly communicated;
Amendment 180 #
2021/2252(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that institutional control and scrutiny of EU funding fosters democratic debate and helps to boost the credibility of the EU; calls for obligations ensuring appropriate visibility ofin this regard, stresses that the European Parliament should use its scrutiny role under NDICI- Global Europe to monitor and question the implementation of the EFAD and calls on the Commission to take action where those obligations are not metthe work of the EU financial institutions involved;
Amendment 183 #
2021/2252(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the European Court of Auditors to carry out regular reports on the implementation of the EFAD, which will be made public and lead to policy recommendations including on actions to be taken for improvements;
Amendment 189 #
2021/2252(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. iInsists that the Member States honour their commitment to spend 0.7 % of their gross national income on ODA; underlines the important role of ODA as a catalyst for change and a lever for the mobilisation of other resources; recalls that at least 93 % of the expenditure under NDICI-GE shall fulfil the criteria for ODA; stresses the importance of the EU’s commitment to mobilise resources for climate action and the EIB’sall EFAD members’ role in making progress in this area;
Amendment 3 #
2021/2158(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the context in which official development assistance (ODA) is now provided, marked by a recurrent funding gap, the COVID pandemic, the aggravating climate and biodiversity crisis, the relentless growth of the needs of humanitarian aid, developing countries’ and lack of means to address them properly, developing countries’, notably the Least Developed Countries (LDCs) woefully inadequate financial and othertechnical resources to respond to the challenges they face, the reversal of the progress towards key Sustainable Development Goals, including those to eradicate poverty and hunger, and the continued global failure to scale up climate action to the urgent need of reaching the objectives of the Paris Agreement with a pathway compatible with the objective of limiting global warming to under 1,5°C as well as improving resilience to adverse climate change impacts;
Amendment 9 #
2021/2158(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the Union and its Member States scale up their ODA and climate finance so as to honour their commitments, that maximum efficiency of the spending be sought according to the principle of aid effectiveness and partner country ownership, that policy coherence for development (PCD) be practiced in a more convincingefficient and systematic way and that new efforts to create an enabling international environment for domestic resource mobilisation (DRM) be made; takes the view that well-functioning PCD and support for DRM should be considered part and parcel of sound financial management as these are means to increase the efficiency of EU action which do not need to imply significant additional costs to the Union budgetimply concrete initiatives, such as supporting the fight against corruption and the development of progressive tax systems, tackling tax avoidance and evasion;
Amendment 16 #
2021/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses disappointment about the continued absence of major action by the Commission on the recommendations of the external evaluation of the Union’s PCD1 , ordered by the Commission and received in 2018; _________________ 1 https://ec.europa.eu/international- partnerships/system/files/pcd-main- report_en.pdfstresses that more efforts must be undertaken to comply with PCD principles, especially for the Union trade, agricultural, fisheries, environment, climate, migration, foreign and security policies, in order to achieve aid effectiveness objectives; reiterates that PCD must be an important objective of the joined-up approach designed in NDICI-Global Europe; reiterates its call for an in-depth analysis on the impact of Economic Partnership Agreements (EPAs) on local economies and intra- regional trade to address concerns about their implementation in terms of regional integration and industrialisation;
Amendment 22 #
2021/2158(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the budgetary implementation of the EDF is now limited to payments on commitments made before the 31 December 2020 end date and that Global Europe - NDICI and general Union budget rules now apply; calls for strict implementation of the human rights based approach, with human rights being at the centre of all actions, in accordance with the Commission’s toolbox on this approach. ; in this regard, is particularly concerned about the possible misuse of development funds for mobility restriction and border control purposes, including those of the EU Emergency Trust Fund for Africa (EUTF), and the reported human rights violations linked to the EUTF in Libya, Ethiopia, Eritrea and Niger;
Amendment 24 #
2021/2158(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates its calls for proper implementation of and reporting on all horizontal spending targets set in NDICI, in particular the biodiversity related target which is not a stand-alone target in the regulation but concerns contributing to the overall MFF biodiversity target of 7.5% of annual spending to biodiversity objectives in 2024 and 10% from 2026 onwards; expects the Commission to adopt as soon as possible an effective, transparent and comprehensive methodology for biodiversity tracking, developed with the full involvement of the European Parliament, and about which the European Parliament should be consulted before the publication of the 2023 draft budget;
Amendment 28 #
2021/2158(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that projects financed via NDICI-Global Europe shall be screened to determine if they have an environmental, climate or social impact and if so, shall be subject to climate, environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimensions; recalls that the Union and the Member States committed under Article2.1(c) of the Paris Agreement to align both public and private financial flows to a pathway compatible with the objective of limiting global warming to 1.5°C; stresses that this requires a phase out of all direct and indirect fossil fuel subsidies as soon as possible and by 2025 at the very latest;
Amendment 31 #
2021/2158(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Regrets the reported case of lack of transparency for the work contracts signed by the Commission to strengthen food security in Cameroon, for which the evaluation criteria used for the award differed from those published in the tender notice and therefore made the tender ineligible; calls on the Commission to prevent any lack of transparency in public procurement procedures;
Amendment 33 #
2021/2158(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Regrets that expenditures with international organisations recorded in 2020 under the 8th, 9th, 10th and 11th EDFs is particularly affected by errors; highlights that errors occur predominantly in transactions related to grants and to contribution and delegation agreements implemented by international organisations and that in the examined transactions of this type, 40.3 % contained quantifiable errors, which is substantial; underlines that the ECA1a indicated that for 13 of these cases with errors, the Commission had sufficient information to prevent, or to detect the error before accepting the expenditure; urges the Commission to produce detailed explanations in response to these findings and to submit a clear plan to European Parliament outlining the necessary steps in order to correct this seriously worrying situation; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/annualreports- 2020/annualreports-2020_EN.pdf
Amendment 35 #
2021/2158(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Calls on the Commission to take the necessary measures to ensure that international organisations provide the Court of Auditors with complete, unlimited and timely access to documents necessary to carry out its task in accordance with the TFEU1a, and not just in read-only format; _________________ 1a Article 287 of the Treaty on the Functioning of the European Union: ‘Any natural or legal person in receipt of payments from the budget, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task'.
Amendment 37 #
2021/2158(DEC)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Stresses the importance for donors to prioritise grant-based financing as the default option, especially to LDCs, and not favour blending, guarantee or any loans over grants, that could increase the burden of debt; is concerned therefore that the Commission has proposed more means and geographical expansion for blended finance for the future financing period 2021-2027 via EFSD+ in NDICI- Global Europe, and through the Global Gateway strategy, which makes of the blending-guarantee mechanism the main financial tool for mobilising investments; urges the Union and its Member States to develop, as a first step, and in addition to its pledges on debt moratorium, a new debt relief initiative regarding the Heavily Indebted Poor Countries; more broadly, calls for the creation of a multilateral debt workout mechanism to address both the impact of the crisis and the financing requirements of the Agenda 2030;
Amendment 3 #
2021/2106(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the replacement of the Development Cooperation Instrument with the Global Europe Instrument coincides with a dramatic reversal of the progress towards the Sustainable Development Goals and with rapid aggravation of the global climate and biodiversity crisies; insists that in the implementation of the Global Europe Instrument, maximum efficiency in the response to these incomparably important challenges must be sought; reiterates the importance of properly implementing the horizontal targets set in the Global Europe Regulation; expects to see the program- level targets published together with the draft budget 2023 as well as any legislative changes required in the programs effected to ensure the targets will be met;
Amendment 14 #
2021/2106(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 15 #
2021/2106(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component and the migration budgetary target of the Global Europe Regulation; notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework and related financial instruments including Global Europe, is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
Amendment 22 #
2021/2106(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 28 #
2021/2106(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that choices of aid modalities should always be based on realistic and independent assessments of the likely efficiency of possible options, supported by evidence and made public; points to the salience of this in the rapidly expanding area of private sector cooperation, ,where the evidence base is limited and should carefully be broadened and deepened in order to facilitate optimal use of official development assistance (ODA);
Amendment 29 #
2021/2106(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the Union and the Member States committed under Article 2.1(c) of the Paris Agreement to align both public and private financial flows to a pathway compatible with the objective of limiting global warming to 1.5°C; stresses that this requires a phase out of all direct and indirect fossil fuel subsidies as soon as possible and by 2025 at the very latest;
Amendment 33 #
2021/2106(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that, given the shortcomings recently reported on blending and guarantee mechanisms to facilitate optimal use of ODA, contribute to SDGs and the Paris Climate Agreement and to demonstrate development additionality, widening the geographical scope and budget share of blending finance via EFSD+ in NDICI-GE, and through the Global Gateway strategy, making the blending-guarantee mechanism the main financial tool for mobilising investments is premature and unjustified; insists on the importance of the scrutiny of the European Parliament on the implementation of EFSD+, including its deployment through the Global Gateway and urges the Commission to provide all the necessary means to ensure the Global Gateway Strategy is aligned with the programming exercise;
Amendment 37 #
2021/2106(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls that the EIB intends to strengthen its role in the implementation of European external policies and development role by creating a dedicated branch (‘EIB Global’) for this purpose, reiterates longstanding EP demands that the European Court of Auditors be empowered to audit all EIB operations, and that these audits be made public;
Amendment 3 #
2021/2103(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission Guidance of 23 September 2020 on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence,
Amendment 5 #
2021/2103(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the UNECE Convention of 25 June 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) and Decision VII/9 of 21 October 2021 on a rapid response mechanism to deal with cases related to Article 3(8) of the Aarhus Convention,
Amendment 10 #
2021/2103(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 32 #
2021/2103(INI)
G. whereas freedom of expression and access to information has been restricted in some Member States; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression;
Amendment 45 #
2021/2103(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, online and offline harassment and attacks also emanate from non-state actors; whereas CSOs and human rights defenders working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations, are particularly exposed;
Amendment 49 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 61 #
2021/2103(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas civic space restrictions in neighbouring countries have also implications and impact on the state of civil society in the European Union;
Amendment 63 #
2021/2103(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas in some Member States emergency legislation in response to the health crisis has been used as a pretext to arbitrarily restrict fundamental rights and freedoms and crackdown on civil society and other dissenting voices; whereas these measures have been found in some cases not to have met the necessity, proportionality, time limitations and non- discrimination requirements, absent which any restrictions to fundamental rights and freedoms stemming from them cannot be considered legitimate and lawful;
Amendment 67 #
2021/2103(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the right to peaceful assembly has been restricted due to necessary social distancing rules in a majority of Member States; whereas some Member States have passed laws restricting the right to peaceful assembly in the past years, also concerning permission and notification requirements; whereas in some Member States, the powers of law enforcement authorities are increasing, generating concerns over their necessity and proportionality;
Amendment 69 #
2021/2103(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas while the spread of the Covid-19 pandemic has seen an unprecedented engagement of civil society organisations in providing solutions to the crisis and providing support to people in vulnerable situations, it has considerably impacted the right of association, assembly and expression; whereas despite their role on the ground, civil society organisations have not been consulted in the development of emergency measures;
Amendment 78 #
2021/2103(INI)
Motion for a resolution
Recital O
Recital O
O. whereas foreign funding has been the target of legal and political attacks in some Member States; whereas any restrictions imposed on civil society organisations receiving foreign funding is contrary to Union law, namely on free movement of capitals (Article 63 TFEU) and the Charter of Fundamental Rights of the European Union, including the rights to freedom of association and public participation, as recently found by the CJEU in C-78/18;
Amendment 84 #
2021/2103(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Acknowledges that the civic space is an integral element of democracy, the rule of law and fundamental rights, and thus the Union should commit to the preservation and cultivation of civic space at regional and local, national and European levels; recognizes that the civil society has effectively played a crucial role in the system of governance of the Union, including by significantly contributing to formulation and implementation of Union policies as well as by implementation of common European values and protection of citizens’ rights;
Amendment 85 #
2021/2103(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Recognizes that the strategic goals of the Union such as combating the climate change, digital transformation and recovery from the COVID-19 pandemic, will be impossible to achieve without the contribution of civil society, which promotes these goals among European societies, as well as implements them on all levels, while ensuring that interests and rights of stakeholders and affected communities are respected;
Amendment 86 #
2021/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, giving access to crucial services, providing expertise in policy-making, promoting active citizenship and acting as schools of democracy and being indispensable watchdogs exercising democratic control over state institutions and ensuring accountability for public action;
Amendment 96 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects; reminds Member States of their positive obligation to ensure an enabling environment for civil society organisations, where they can exercise their fundamental watchdog role freely and without hindrance from both state and non-state actors;
Amendment 97 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 114 #
2021/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with the Commission that when civil society’s space to operate shrinks, it is a sign that the rule of law is at risk; urgwelcomes the Commission, thereforefact that the Commission has put environment for civil society under scrutiny as part of the annual rule of law report, which rightly indicates that the rule of law cannot function without a vibrant civil society operating in a secure and enabling environment; urges the Commission, to step up and structure its monitoring of the situation of civic space in the Member States by creating a ‘European civic space index’ based on existing frameworks for measuring civic space, and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report, which should also cover fully fundamental rights;
Amendment 124 #
2021/2103(INI)
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy for protection and development of civic space within the Union that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies, while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action;
Amendment 129 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 130 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 133 #
2021/2103(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on other institutions to ensure consistency of its internal and external policies as regards protecting and enabling civic space, including by adopting internal guidelines on human rights defenders that would mirror the ones applying to EU external action;
Amendment 139 #
2021/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression and the right to public participation; urges Member States to guarantee the exercise of these rights in conformity with international standards;
Amendment 151 #
2021/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space; calls on the Commission to monitor the implementation of EU law to ensure it does not negatively affect civic space and provide remedies when it is the case;
Amendment 155 #
2021/2103(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to propose EU legislation to fill gaps and address challenges affecting civil society actors across the Union, and to provide guidance on how to use EU law to better protect civil society;
Amendment 159 #
2021/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies onlyrespect and facilitate the exercise of the right to peaceful assemblies which can only be limited in exceptional circumstances if strictly necessary and in a proportionate way; condemns any unnecessary use of force against protesters, as well as their criminalisation, prosecution and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 168 #
2021/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats, smear campaigns, abusive litigation and attacks perpetrated on CSOs by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs; recalls the importance of adequate and objective information on the activities of CSOs in media, especially public media;
Amendment 176 #
2021/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to unequivocally condemn such acts, adopt preventive measures and systematically, promptly, thoroughly, independently and impartially investigate any related allegations;
Amendment 179 #
2021/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Maintains that Member States should not introduce or apply criminal law provisions restricting or otherwise adversely affecting the registration, operations, financing and cross-border movements of CSOs; is concerned in that respect by the interpretation in some Member States of EU provisions in the field of migration, such as the Facilitation Directive or Carriers Liability Directive, which lead to criminalisation of CSOs’ activities in the field of search and rescue and assisting migrants and asylum seekers, often in contradiction with the Commission’s guidance; urges the Commission to actively monitor and take action against Member States that criminalise and wrongfully prosecute search and rescue activities by individuals and CSOs, in violation of EU law and Commission guidance;
Amendment 185 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 186 #
2021/2103(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the Commission to use its enforcement powers against Member States which unduly restrict civic space in violation of EU laws, including through infringement proceedings, the Rule of Law Framework, the new Conditionality Regulation and the procedure laid down in Article 7 TEU; calls on the Commission to ensure civil society's active participation and meaningful contribution to these processes;
Amendment 193 #
2021/2103(INI)
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOs including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding; emphasises that public funding should cover all types of civil society activities; underlines that issue campaigns of CSOs should not be subject to funding limitations under the pretext of overlapping with elections and other political campaigns; notes that often funds available for CSOs require co- financing, which in turn mans that the beneficiary needs to raise a share of the required funds from other sources which can be detrimental to the organisation; therefore believes that the share of required co-financing should be limited and that different means need to betaken into account which could be monetarised such as volunteer time or contributions in kind;
Amendment 208 #
2021/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is gravely concerned by the emergence of GONGOs and related discriminatory and often opaque public funding practices; warns against their detrimental effect on pluralism and diversity within civil society, the perceived legitimacy of CSOs and hence on citizens’ willingness to engage in active citizenship; calls on Member States to investigate and take action against groups instigating hate; urges the Commission to address allegations of unequal distribution of EU funding to civil society organisations in the context of the implementation of the new Conditionality Regulation;
Amendment 215 #
2021/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand; calls for specific emergency funding and practical support for civic actors and human rights defenders at risk;
Amendment 220 #
2021/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that budgetary support for civil society organisations should not only be foreseen, but also promoted and supported in all EU programmes; regrets that the European Recovery Package did not target specifically civil society organisations in addition to business and small and medium companies; calls upon the Commission and Member States to ensure that CSOs are involved throughout the implementation and the monitoring of the National Recovery and Resilience Plans and of other funds under shared management; calls on the Commission to ensure that independent civil society organisations are not negatively impacted by the withdrawal of funding, by providing for specific modalities to channel funding to CSOs adapted to the environment in which they operate;
Amendment 231 #
2021/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds earmarked to support civil society are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 238 #
2021/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs; recognises the importance of compliance with national rules in the field of taxation and fight against money laundering but reminds that such rules and transparency of funding in general cannot be abused to obstruct activities of CSOs and create a chilling effect affecting their members and donors;
Amendment 252 #
2021/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for an EU-level definition of the concept of public benefit, as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; invites the Commission to set up measures to remove obstacles to cross border philanthropy and ensure equal treatment of donations across borders in line with CJEU rulings;
Amendment 254 #
2021/2103(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of civil dialogue in informed policy-making and emphasises that the privileged position of CSOs in contact with citizens, and theirCSOs play a key role as intermediaries between citizens and authorities at all levels, by ensuring a structured dialogue, and empowering those furthest away to participate and voice their concerns, while expertcise, confers on them a key role in civil dialogueing democratic control over and ensuring accountability for public action;
Amendment 265 #
2021/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that civil dialogue often remains an ad hoc process; calls on the Member States to develop coherent policy frameworks that ensure structured, predictable and long-term processes, inclusive participation and systematic review; calls on the Commission to provide recommendations prepared in close cooperation with civil society, based on the analysis of existing practices;
Amendment 268 #
2021/2103(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Considers that all EU institutions must review their terms of engagement with CSOs in line with Article 11 TEU to ensure an open, transparent, meaningful and regular dialogue with civil society, on an equal footing with other stakeholders; calls for an interinstitutional agreement on civil dialogue between all main institutions covering all areas of Union policy as well as transversal processes such as, for example, the State of the Union or the Conference on the Future of Europe;
Amendment 275 #
2021/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the attribution to a Commission Vice-President of the responsibility to maintain an open, transparent and regular dialogue with civil society; stresses that civil dialogue should be further operationalised; calls on the Commission to set up within each Directorate General specific focal points for civil society to be in close contact with the Vice-President and the coordination of the Secretariat General; invites the Commission to set up a participatory status with civil society;
Amendment 279 #
2021/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to leverage the definition of national programmes implementing EU funds and the implementation by Member States of EU strategies and action plans to require Member States to put in place effective civil dialogue mechanisms; calls for reinforcing civil society participation within the European Semester process and in the monitoring of the European Recovery Package;
Amendment 283 #
2021/2103(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes the European Year of Youth as an opportunity to further promote civic participation and dialogue in a democratic society;
Amendment 284 #
2021/2103(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Commits itself to ensure a genuine follow-up of this report and calls on the Commission and the Council to make the same commitment;
Amendment 10 #
2021/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to LGBTIQ Equality Strategy (2020-2025) (COM(2020)698),
Amendment 30 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;
Amendment 60 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; and freedom of expression and of assembly
Amendment 83 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 85 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the LGBTIQ Equality Strategy acknowledges that civil society organisations protecting and advancing the rights of LGBTIQ people increasingly report that they face hostility, coinciding with the rise of the anti-gender (and anti- LGBTIQ) movement; whereas LGBTI activists are often the targets of defamation campaigns due to their advocacy work for LGBTI equality; whereas Polish activists such as the ‘Atlas of Hate’ group and the creator of the ‘LGBT-free zone’ photo project (Bart Staszewski) are currently facing several SLAPP cases and are liable for dozens of thousands of euros if they lose them;
Amendment 86 #
2021/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas SLAPPs against civil society, journalists and human rights defenders often serve the purpose of harassing them and their activities, often causing them to consider whether to continue exercising their freedom of expression or to instead exercise self- censorship and restraint in order to avoid legal repercussions; whereas many civil society organisations, including NGOs, journalists and human rights defenders may consider the trade-off to be too costly and instead opt for self-censorship; whereas this illustrates the ‘chilling effect’ SLAPPs have on those seeking to exercise rights freely;
Amendment 128 #
2021/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, freedom of assembly, media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual report to include a thorough assessment of the legal environment for the media, and investigative journalism in particular as well as the chilling effect that SLAPPs can have on civil society, human rights defenders and activists;
Amendment 151 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 177 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, NGOs, academics and, civil society organisations, including NGOs, and human rights defenders, including those defending LGBTQIQ rights, thus threatening media freedom, freedom of expression and assembly, as well as public safety given that online hate speech can incite real-worldoffline violence;
Amendment 197 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs,organisations, including NGOs, and human rights defenders with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 224 #
2021/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, academics, civil society and NGOorganisations, including NGOs, and human rights defenders and to ensure that fundamental rights are upheld in the Member States;
Amendment 251 #
2021/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendments in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for the introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, assembly, association and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 275 #
2021/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society andhuman rights defenders and civil society organisations, including NGOs, in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 322 #
2021/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stresses the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support;
Amendment 28 #
2021/2035(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,
Amendment 29 #
2021/2035(INL)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
– having regard to the Commission’s Communication "Strategy on victim’s rights (2020-2025)", published on 24 June 2020,
Amendment 30 #
2021/2035(INL)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
– having regard to the Commission’s Communication "LGBTIQ Equality Strategy (2020-2025)", published on 12 November 2020,
Amendment 31 #
2021/2035(INL)
Motion for a resolution
Citation 14 d (new)
Citation 14 d (new)
– having regard to the Commission’s Communication: "EU Strategy on the rights of the child (2020-2025)", published on 24 March 2021,
Amendment 84 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";
Amendment 134 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 154 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women and LGBTI persons by men; underlines that this situation is aggravated by social and economic inequalities;
Amendment 176 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including and witnesses, including feeling unsafe or vulnerable, stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact;
Amendment 258 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights are a form of violence against women and girls, as well as transgender and non-binary persons, as reflected in the LGBTIQ Equality Strategy;
Amendment 288 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence, including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;
Amendment 299 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivors of gender-based violence; recalls the importance, in that context, of support to independent civil society and women’s and specialised shelter organisations;
Amendment 304 #
2021/2035(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;
Amendment 328 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature, and which therefore call for a coordinated EU response;
Amendment 348 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;
Amendment 367 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys in all their diversity, and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s, transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 1 #
2021/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the communication on an intellectual property action plan to support the EU’s recovery and resilience, but regrets that the focus on international cooperation and assistance to developing countries is poorly addressedonly addressed through the lens of technical cooperation programmes, with a view to promoting better generation and management of intellectual property (IP); deplores that it fails to address explicitly the need to promote technology transfer, notably to fight against the COVID-19 pandemic and climate change, which is of primary importance for developing countries, notably LDCs and low and middle-income countries;
Amendment 3 #
2021/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that, according to UNCTAD, while developed countries have been able to mobilise massively their monetary and fiscal resources to prop up their economy (estimated at between 20 and 25% of their GDP), the poorest countries have mobilised just 1% to mitigate the socio-economic damage caused by the pandemic crisis[1];emphasises that a diversified economy is a prerequisite for resilience to future shocks;underlines that the main barriers to the industrial upgrading of developing countries are production capacity constraints such as access to technology; [1] “Reforming the International Trading System for Recovery, Resilience and Inclusive Development”, UNCTAD Research Paper (n°65) of April 2021, p. 3.
Amendment 4 #
2021/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecalls onthat the Commission to continue strengthening intellectual property rights (post-pandemic global recovery should be aligned with international commitments on climate change and Agenda 2030; accordingly, believes that the global green transition requires a balance between the rules on IPR) protection and enforcement in non-EU countries through EU-funded technical cooperation programmes; welcomes in particular the intention to promote better generation and management of intellectual property (IP) on the African continent as part of a joint partnership building on the current four- year cooperation programme for Africatechnology transfer; recalls the previous efforts in UNCTAD to develop a Cod eof Conduct on Technology Transfer;calls on the EU and its Member States to take initiatives to reinvigorate it; but urges the Commission to refrain from harnessing IP chapters in the context of FTA (FTAs), without addressing the concerns of LDCs and low and middle income countries in terms of technology transfer;
Amendment 12 #
2021/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that one of the main challenges for developing countries is to climb up the global value chain through economic diversification, which necessitates fair and pro-development global trade rules;
Amendment 14 #
2021/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that, while the Special and Differentiated Treatment of the WTO is meant to safeguard the policy space of developing countries to better align their trade policy with their developmental priorities, it has been insufficient to enable their economic diversification;
Amendment 15 #
2021/2007(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Points out that developing countries’ obligations under TRIPS are enforceable and can be challenged under the dispute settlement mechanism, while their rights to technology transfer are not enforceable; underlines that such asymmetry of rules is not coherent with the fulfilment of the Agenda 2030;
Amendment 18 #
2021/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly encourages the Commission to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of IP and reaping the economic value of local innovations, geographical indications and traditional knowledge; reiterates its call, in this regard, to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge; more broadly, calls on the EU and its Member States to support regional projects such as the African Continental Free Trade Agreement, which should favour products of local enterprises and in this way support regional industrialisation processes;
Amendment 30 #
2021/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that a more equitable distribution of vaccines around the globe is essential to combat effectively the spread of COVID-19 and its mutations; recalls that, while COVAX, the vaccine pillar of the World Health Organisation (WHO) Access to Covid-19 Tools (ACT) is aiming to have two billion vaccine doses available by the end of 2021, it will neither be enough to respond to the vaccination needs of the poorest countries to reach herd immunity, nor does it constitute an appropriate integrated global approach for scaling up production capacities worldwide;
Amendment 32 #
2021/2007(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the current multilateral framework protecting intellectual property rights has represented an obstacle for addressing the COVID-19 crisis and that the existing WTO-TRIPS flexibilities which are based on procedurally complex, country-by- country, product-by-product and prior negotiations with patent holders, were not fit for purpose for tackling previous global health emergencies and are not up to the challenge of the current one;
Amendment 33 #
2021/2007(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Points out, furthermore, that past experience regarding the implementation of existing TRIPS flexibilities shows that individual countries often felt fearful of either retaliatory action by developed countries or the reputational costs of issuing compulsory licenses; underlines that compulsory licensing only applies to patents as one category of intellectual property rights (IPR), but that other IPR categories, such as data protection and trade secrets, which represent potential hurdles to the scaling-up of production of needed medical products, are beyond the scope of compulsory licences;
Amendment 35 #
2021/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes, as a positive step, the recently announced US support for a proposal the declarations of WTO Director-General Ngozi Okonjo- Iweala at the meeting of Parliament’s Committee on International Trade of 20 May 2021, according to which the existing TRIPS flexibilities are too temporarily waive certain provburdensome and more flexibility is needed; welcomes, in this context, the decisions of the Agreement on Trade- Related AspectsBiden- Harris Administration in the US to support the waiving of Iintellectual Pproperty Rights for the prevention, containment and treatment of COVID-19; urges the Commission, therefore, to follow through on its promise to engage in aprotections for COVID-19 vaccines; recalls the declaration of President Von Der Leyen according to which COVID-19 vaccines should be considered a global public good; accordingly, urges the EU to constructively and constructiveproactively engage in text-based negotiations at World Trade Organization level.for a temporary TRIPS waiver for all products and technologies including vaccines, treatments and diagnostics needed to respond to the COVID-19 pandemic and to issue, with that purpose, a negotiation mandate;
Amendment 42 #
2021/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the EU to forswear any recourse to legal proceedings in the WTO or under free trade and investment agreements against countries that infringe TRIPS provisions when adopting policy measures to expand access to COVID-19 related medical products; requests the Commission, therefore, to propose, as an interim measure before agreeing on a COVID-19 related TRIPS waiver, an immediate WTO political declaration on a ‘standstill’ regarding any action relating to vaccines and other essential medical products to tackle the pandemic;
Amendment 46 #
2021/2007(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Insists upon the need to support global open access to COVID-19 vaccines to scale up global production through technology transfer; underlines that the Commission has so far solely focused on encouraging Western vaccine manufacturers to share technology and licences on a purely voluntary basis; notes with concern that there is evidence that current producers of authorised COVID- 19 vaccines have refused offers to expand production from several potential generic pharmaceutical producers in the EU and abroad;
Amendment 48 #
2021/2007(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls for binding technology transfers to scale up vaccine production; urges the Commission to take initiatives along this line and to proactively undertake efforts to make sure that vaccine manufacturers share IP and technology through the WHO C-TAP multilateral mechanism, particularly in low and middle-income countries;
Amendment 50 #
2021/2007(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Is of the opinion that the EU should urgently foster multilateral arrangements at WTO level, including a treaty on pandemics, as recently proposed by the President of the European Council, as part of the ‘Health and Trade Initiative’ to be adopted in November 2021 during the twelfth Ministerial Conference, as well as at the next WHO general assembly; underlines that this initiative is a complement to and not a substitute for a TRIPS waiver;
Amendment 52 #
2021/2007(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Encourages developing countries to strengthen regional value chains and intra-regional trade and investments in health and health related areas, notably through collective R&D efforts in medical research and regional pooling of resources;notes with concern that, according to the Global Trade Alert, as of 21 March 2021, 54 governments introduced export curbs on key medical supplies since the beginning of the year[1];stresses that regional trade pacts should be used to prevent export bans on key products in times of global and regional shortages, as in the case of the ongoing pandemic crisis; [1] “Reforming the International Trading System for Recovery, Resilience and Inclusive Development”, UNCTAD Research Paper (n°65) of April 2021, p. 20.
Amendment 53 #
2021/2007(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Takes note of the Commission’s intention to evaluate and revise the Community Plant Variety Rights (CPRV); recalls the EU’s commitments to implement the Agenda 2030 and its objective to leave no one behind; stresses that Small-scale farmers (SSF)and agricultural biodiversity are critical to achieving the SDGs; accordingly, stresses the need to support a rights-based approach to implement the Declaration on the Rights of Peasants and Other People Working in Rural Areas adopted by the United Nations General Assembly at its 73rd Session in December 2018;
Amendment 54 #
2021/2007(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Highlights that small-scale farmers (SSF) and agricultural biodiversity have a critical role in healthy, nutritious diets and ensuring the resilience of agricultural production systems to cope with climate change; recalls equally that seed diversity is vital in building the resilience of farming to climate change; notes with concern that trade and Intellectual Property rules protecting plants, genetic information and biological process in the remit of TRIPS and the Union for Protection of New Varieties of Plants (UPOV 1991) have a detrimental effect on SSF innovation and agricultural biodiversity, although being critical to supporting food and nutrition security;
Amendment 55 #
2021/2007(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Recalls that farm-saved seeds are estimated to account for over 80% of farmers’ total seed requirements in some African countries; calls for the EU to support intellectual property rights regimes that enhance the development of locally adapted seed varieties and farmer- saved seeds, in line with the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), which safeguards the rights of farmers to maintain genetic resources for purposes of food security and climate change adaptation, and Article 19 of the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas, according to which peasants have the right to maintain, control, protect and develop their own seeds and traditional knowledge;
Amendment 56 #
2021/2007(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Stresses that, while green technologies are predominantly held and protected by corporations of developed countries, the TRIPS Agreement and TRIPS Plus hamper the green technological upgrading in developing countries that must accompany any climate-friendly industrialisation process;
Amendment 57 #
2021/2007(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Stresses the need for coherence between the special and differential treatment (SDT) of the WTO and the United Nations Framework Convention on Climate Change (UNFCCC) principle of “common but differentiated responsibilities”;
Amendment 58 #
2021/2007(INI)
5 k. Calls on the EU to take the lead in the identification of the salient barriers to the dissemination of technologies in developing countries to address climate change and to strive to promote the adoption of a Declaration on “IPR and Climate Change” comparable to the Doha Declaration of 2001 on the TRIPS Agreement and Public Health, to foster the legal transfer of climate-friendly technology in developing countries, in compliance with the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC), notably the principle of Common But Differentiated Responsibilities (CBDR);along this line, takes the view that EU FTAs with developing countries should include provisions that promote technology transfer and enable Local Content Requirements in their public procurement and investment policies;
Amendment 59 #
2021/2007(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5 l. Stresses the need to account for the carbon “embodied” in imported goods and services; acknowledges, however, the adverse impact of Border Carbon Adjustment (BCA) on developing countries locked into carbon-intensive and extractive industrialisation;
Amendment 60 #
2021/2007(INI)
Draft opinion
Paragraph 5 m (new)
Paragraph 5 m (new)
5 m. Stresses that Least Developed Countries and Small Island Developing States should be given special treatment in order to take account of their specificities and the potential negative impact of the carbon border adjustment mechanism (CBAM) on their development; in light of this, insists that such initiative should be in line with the special and differential treatment (SDT) and the United Nations Framework Convention on Climate Change (UNFCCC) principle of “common but differentiated responsibilities” and accompanied by measures facilitating technology transfer both for climate adaptation and mitigation, to accommodate the needs of developing countries; to this end, stresses the need to develop are distributive mechanism that redirects new tariff revenue to ringfence financing for green transitions in developing countries, additional to ODA, to undergo an industrialisation process based on clean and decarbonised technologies;
Amendment 94 #
2021/0428(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 77(2)(b) and (e) and Article 79(2)(c) thereof,
Amendment 97 #
2021/0428(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 (“Schengen Borders Code”)42 lays down rules governing the movement of persons to and from the area without controls at internal borders (the “Schengen Area”) as well as between the Member States that participate in the Schengen Areaprovides for the absence of border control of persons crossing the internal borders between the Member States of the Union. It lays down rules governing border control of persons crossing the external borders of the Member States of the Union. _________________ 42 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 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 100 #
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 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 andseveral Member States have, in various occasions, reintroduced border controls at the internal borders, often in an uncoordinated manner, undermining the essence of the Schengen area. Such circumstance underscored the need to provide a more robust framework allowing for a mto enforce effective response to challenges faced bythe rules governing the functioning of the Schengen area.
Amendment 106 #
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 Statesthe Union as a whole and of all its all Member States, and in particular those 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 borders need to be reinforced in order to better respond to new challenges that have recently emerged at the external bordersin accomplishing this goal.
Amendment 112 #
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 healthto the COVID-19 pandemic, 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 or the Commission. 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 116 #
2021/0428(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The mechanism should provide for the adoption by the Council, upon a proposal by the Commission, and after having consulted the European Parliament, of a regulation setting out restrictions on travel, including restrictions on entry and any other necessary measures for travel into the European Union, and the conditions for lifting them. In view of the politically sensitive nature of such measures which concern the right to enter the territory of Member States, implementing powers should be conferred on the Council to adopt such a regulation, acting on a proposal from the Commission, and after having consulted the European Parliament.
Amendment 117 #
2021/0428(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Importantly, in line with the applicable obligations under Union and international law, Union citizens and third- country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members should always be permitted to enter the Union. Residents in the Union should also always be permitted to return to the Union as well as refugees, persons with subsidiary or temporary protection and persons requesting international protection. The act should contain all necessary elements to ensure that restrictions on travel are effective, targeted, non-discriminatory and proportionate to the evolving epidemiological situation. It should specify, where relevant, any categories of travellers whose travel should be exempted from restrictions on entry. In addition, or alternatively, the act should specify any geographical areas or third countries from which travel may be subject to specific measures, based on an objective methodology and criteria applicable thereto that should includeaking into account, in particular, the epidemiological situation. The act could specify the conditions under which travel may be permitted such as testing, quarantine, self-isolation or any other appropriate measures, such as the need to fill in a passenger locator form or other contact tracing tool and having regard, in particular, to any Union systems developed to facilitate travel under safe conditions, such as digital certification systems. Where appropriate, the instrument could also set up a mechanism allowing to take additional measures in case the epidemiological situation dramatically worsens in one or more geographical areas.
Amendment 119 #
2021/0428(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 124 #
2021/0428(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 129 #
2021/0428(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 133 #
2021/0428(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 136 #
2021/0428(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 141 #
2021/0428(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The European Border and Coast Guard Agency assists Member States with implementing the operational aspects of external border management, including information exchange, the provision of equipment, capacity building and training to national border guards, targeted information and risk analysis, as well as the deployment of the Standing Corps. The Agency’s new mandate offers considerable opportunities to support border control activities, including screening and return operations and a launch of rapid border intervention and/or return intervention at the request and on as well as assistance in search and rescue operations for persons in distress at sea. The Agency should implement all the tools offered by the new mandate to ensure that these activities are conducted in full compliance withe territory of the host Member State concernedhe Union acquis on fundamental rights and the relevant international obligations.
Amendment 143 #
2021/0428(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) By virtue of Article 41(1) of Regulation (EU) 2019/1896, the Executive Director of the European Border and Coast Guard Agency is required to recommend to a Member State that it request the Agency to initiate, carry out or adjust the Agency’s support, in order to address identified threats and challenges at the external borders, where the conditions laid down in that provision are met. In particular, the need for Agency support may become apparent in situations where the European Border and Coast Guard Agency has carried out a dedicated vulnerability assessment in connection with the instrumentalisation of migrants. On the basis of the results of such aon the basis of the results of the vulnerability assessment or where a critical impact level is attributed to one or more external border sections and taking into account the relevant elements in the Member State's contingency plans, the Agency's risk analysis and the analysis layer of the European situational picture, the Executive Director should recommend to the Member State concerned to request that the Agency initiate, carry out or adjust the Agency’s support in accordance with Article 41(1) of Regulation (EU) 2019/1896. This competence of the Executive Director is without prejudice to the general support that the Agency may be providing to the Member States.
Amendment 144 #
2021/0428(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 150 #
2021/0428(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should be empowered to specify, in delegated acts adopted under this Regulation, appropriate standards for border surveillance, concerning in particular the new technologies that Member States may use, while taking into account the type of borders (land, sea or air), the impact levels attributed to each external border section in accordance with Article 34 of Regulation (EU) 2019/1896 and other relevant factors, as a specific response to situations of instrumentalisation of migrantsin full compliance with the Union acquis on data protection and the regulatory framework related to the use of artificial intelligence.
Amendment 155 #
2021/0428(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In an area without internal border controls, persons should be able to move freely, and in security between Member States. In this regard, it should be clarified that the prohibition of controls at internal borders does not affect the competence of Member States to carry out checks on their territory, including at their internal borders, for purposes other than border control. It should, in particular, be clarified that national competent authorities, including health or law enforcement authorities, remain, in principle, freeentitled to carry out checks in the exercise of public powers provided for under national law, provided that the effect of those powers is not equivalent to internal border control and that the exercise of these powers does not lead, directly or indirectly, to any form of discrimination.
Amendment 160 #
2021/0428(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) While the prohibition of internal border controls also extends to checks having equivalent effects, checks by competlaw enforcement authorities should not be considered equivalent to the exercise of border checks where they do not have border control as an objective, where they are based on generalspecific and substantiated police information and experience of the competentse authorities regarding possible threats to public security or public policy, including where they aim to combat irregular stay or residence and cross-border crimes linked to irregular migration, where they are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders, and where they are conducted at transport hubs, such as ports, train or bus stations and airports or directly on board of passenger transport services, and where they are based on risk analysis.
Amendment 165 #
2021/0428(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) While irregular migratory flowMigration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security, they may require additional measures to ensure the functioning of the Schengen area.
Amendment 168 #
2021/0428(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 173 #
2021/0428(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The use of modern technologies to monitor traffic flows, notably on motorways and other important roads determined by the Member States, can be instrumental in addressing threats to public policy or internal security. The prohibition of internal border controls should not be understood as preventing the lawful exercise of police or other public powers to carry out checks in the internal border areas. This includes checks that entail the use of monitoring and surveillance technologies which are generally used in the territory, such as technologies used to monitor the traffic flows, or that are based on a risk assessment for the purpose of protecting internal security. The use of such technologies for checks should therefore not be considered as equivalent to border controls.
Amendment 178 #
2021/0428(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 184 #
2021/0428(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 190 #
2021/0428(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 195 #
2021/0428(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 202 #
2021/0428(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In exceptional cases, addressing identified threats to the Schengen area may require the adoption, by the Member States, of measures at the internal borders. 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. However, considering the impact that the reintroduction of border controls at internal borders might have on freedom of movement and other fundamental rights, it shall represent an exceptional measure of last resort to be duly assessed in advance. Any decision to reintroduce such control should be taken in accordance with commonly agreed criteria and should be duly notified to the Commission or be recommended by a Union institution.
Amendment 204 #
2021/0428(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 207 #
2021/0428(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) While action at Union level is provided for in circumstances where the nature of a threat derives from persistent serious deficiencies at the external borders, there is no Union-wide mechanism that would apply to situo ensure coordinations where, within the Schengen area, a serious threat to internal security or public policy area is affecting a majority ofseveral Member States at the same time, putting at risk the well- functioning of the Schengen area. The gap should be filled by putting in place a new Schengen area safeguard mechanism permitting coordinated solutions to protect the interests of persons entitled to benefit from the area without controls at internal borders, by maximising the effectiveness of the measures taken while minimising their negative side-effects.
Amendment 211 #
2021/0428(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The new Schengen area safeguard mechanism should allow the Council to adopt, upon a proposal by the Commission, and after having consulted the European Parliament, a decision authorising the reintroduction or prolongation of internal border controls, where this is justified by a particular threat, identified on the basis of notifications received from individual Member States, or other available information, in particular a risk assessment, in case of prolongation of internal border controls beyond six months. Given the politically sensitive nature of such a decision which regulates the possibility for Member States to reintroduce or prolong internal border control in particular circumstances, implementing powers to adopt a decision should be conferred on the Council, acting on a proposal from the Commission, and after having consulted the European Parliament.
Amendment 215 #
2021/0428(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In determining whether a reintroduction or prolongation of internal border controls by the Member States is justified, the Council should take into accountmmission should first assess whether any other measures that could ensure a high level of security within the territory, such as reinforced checks in the internal border areas by the competent authorities, are available is appropriate, necessary and proportionate to address the identified threat. In the event that a prolongation of the controls is not considered justified, the Commission should, instead, recommend the use of other measures deemed more appropriate to address the identified threat, as well as the immediate lifting of those controls.
Amendment 222 #
2021/0428(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to ensure compliance with the principle of proportionality, the decision of the Council should be adopted for a limited period of time of up to six months that may be prolonged subject to regular review upon a proposal from the Commission, as long as the threat is found to persist, up to a maximum period of two years in exceptional cases. The initial decision should include an assessment of the expected impact of the measures adopted, including its adverse side-effects, with a view to determining if controls at internal borders are justified or whether less restrictive measures cshould be applied in their place in an effective manner. Subsequent decisions should take account of the evolution of the identified threat. The Member States should immediately notify the Commission, the European Parliament and the Member States of the reintroduction of internal border controls in accordance with the decision of the Council.
Amendment 226 #
2021/0428(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Reintroduction of internal border controls should also remain possible where serious deficiencies in the management of the external borders persist, putting at risk the overall functioning of the area without internal border control. Periods where the border controls were introduced by Member States because the urgency of the situation required it or where the Council takes a decision to recommend the reintroduction because a threat affects a significant number of Member States, should not be included in the two years’ period applicable to reintroductions based on serious deficiencies at the external borders.
Amendment 231 #
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 as well as for the rights of individuals. 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 and on a thorough assessment, putting an emphasis on necessity and proportionality. The proportionality principle requires that the reintroduction of internal border controls be subject to safeguards that increase over time.
Amendment 232 #
2021/0428(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
Amendment 236 #
2021/0428(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In the first instancorder to ensure that internal border controls are truly a last resort measure, Member States should assess the appropriateness of internal border controls having regard to the nature of the serious threat identified and the ability of such measure to adequately remedy the identified threat. Member State should also assess the proportionality of internal border controls and evaluate whether alterative measures could be more appropriate to remedy the threat. 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, on the right to seek asylum and the principle of non- refoulement, on the principle of non- discrimination 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, the European Parliament and the other member States. In case of prolongation of internal border controls for foreseeable events beyond an initial period of sixthree months, 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 procedmake a further risk assessment, reassessing the appropriateness, necessity and proportionality of this measure, and 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 241 #
2021/0428(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit harmful consequences resulting from the reintroduction of internal border controls, any decision to reintroduce internal border controls should be accompanied by mitigating measures if needed. Such measures should include measures to assure a smooth operation of transit of goods and transport personnel and seafarers by the establishment of ‘green lanes’. In addition, and to take account of the need to ensure the movement of persons whose activities may be essential for preserving the supply chain or the provision of essential services, Member States should also apply the existing guidelines on cross-border workers45 . Against this background, the rules for the reintroduction of border controls at internal borders should take account of the guidelines and recommendations adopted throughout the COVID-19 pandemic as a solid safety net for the Single Market, for the purpose of assuring that they are applied by the Member States, where appropriate, as mitigating measures during reintroduced internal border controls. Measurmber States should in particular be identified with a view to ensuring the uninterrupted functioning of the Single Market and safeguarding the interests of cross-border regions and of ‘twin cities’ including for instance authorisations or derogations for the inhabitants of cross- border regionsalso take into account the impact of the measures on families and the right to family life as protected under EU law. _________________ 45 2020/C 102 I/03.
Amendment 246 #
2021/0428(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The notification and the preliminary assessment 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, tThe 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 and without prejudice to the information being made available by the Commission to the European Parliament.
Amendment 249 #
2021/0428(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 257 #
2021/0428(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to ensure a sufficient degree of transparency of the actionlevel of supervision, transparency and accountability with regards to the actions taken by Member States affecting travel without internal border controls, the Member States should also informprovide detailed information to the European Parliament and the Council about the main elements concerning the planned reintroduction of border controls. In justified cases, Member States may also classify such information. Every year, pursuant to Article 33 of the Schengen Borders Code, the Commission should present to the European Parliament and to the Council a report on the functioning of the area without internal border control (‘State of Schengen report’) which should pay particular attention to the situation as regards the unauthorised movements of third country nationals, building on the available information from the relevant Agencies and data analysis from relevant information systems. It should alsolist all the decisions to reintroduce border control at internal borders and assess the necessity and proportionality of the reintroductions of border controls in the period covered by that Report. The State of Schengen rReport shallould also cover the reporting obligations resulting from Article 20 of the Schengen Evaluation Mechanism46 . _________________ 46 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, OJ L 295, 6.11.2013, p. 27include all the decisions and actions taken by the Commission with regard to the reintroduction or prolongation of border controls. The State of Schengen report shall also cover the reporting obligations resulting from Article 25 of Regulation (EU) 2022/922.
Amendment 264 #
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 possibility, for the Commission, to organise consultations between Member States, including at the request of any Member State. RThe European Parliament and 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, the appropriateness, necessity and proportionality of internal border controls and their impact as well as the possibilities of applying alternative measures instead. Where the Commission or a Member State has issued an opinion expressing concerns regarding the reintroduction of border controls, such consultations should be mandatory.
Amendment 267 #
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 eighteensix 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 mayis required to 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 274 #
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 timeprolonged, such a report should also be submitted after twelve months, and every year thereafter if exceptionally controls are maintained and for as long as the controls are maintainedany prolongation. The report should outline, in particular, the initial and follow-up assessment of the necessity and proportionality 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 281 #
2021/0428(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) When implementing this Regulation, Member States shall not categorise people based on racial, ethnic, national or religious characteristics, and not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In line with the European Union’s commitments under the EU anti- racism action plan, Member States should adopt National Action Plans against racism which include concrete provisions aimed at countering discrimination by law enforcement authorities, including by providing for effective remedies for victims of racial profiling.
Amendment 283 #
2021/0428(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The competent authorities shall use their powers to carry out checks within the territory and apply relevant procedures inreferred to in this Regulation shall fully respect of the rules on data protection under Union law in all their activities. Regulation (EU) 2016/679 of the European Parliament and of the Council or Directive (EU) 2016/680 of the European Parliament and of the Council apply to the processing of personal data by competent national authorities for the purposes of this Regulation, in their respective field of application.
Amendment 288 #
2021/0428(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Regulation (EU) No 2016/399 and Directive 2008/115/EC should therefore be amended accordingly,
Amendment 290 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 2016/399
Article 2 – point 12
Article 2 – point 12
12. ‘border surveillance’ means the surveillance of borders between crossing points and of border crossing points outside fixed opening hours, including preventative measures to detect and order to prevent unauthorised border crossings or the circumvention of border checks.
Amendment 293 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 2016/399
Article 2 – point 27
Article 2 – point 27
Amendment 297 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/399
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 306 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The main purpose of border surveillance shall be to detect and prevent unauthorised border crossings, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. Arregularly. Without prejudice to Articles 3 and 4, a person who has crossed a border illegalrregularly and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC, provided that this person does not fulfil the conditions to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under the applicable national legal framework, and that his/her return would not lead to risks of violations of the principle of non- refoulement or other fundamental rights obligations under the EU or international law.
Amendment 311 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The border guards shall use stationary or mobile units to carry out border surveillance. That surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points and from circumventing the checks at border crossing points, in full compliance with the obligations arising from Article 4.
Amendment 313 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, so that unauthorised border crossings are effectively detected or prevenalways at risk of being detected.
Amendment 315 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border illegalrregularly. Surveillance may also be carried out by technical means, including electronic means, equipment and surveillance systems, and shall be conducted in accordance with the standard and obligations provided for in the Regulation (EU) .../... of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts.
Amendment 318 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 324 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 331 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/399
Article 13 – paragraph 7
Article 13 – paragraph 7
7. TFor the purpose of paragraph 4, the Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning additional measures governing surveillance, including the development of standards for border surveillance, in particular the use of surveillance and monitoring technologies at the external borders, taking into account the type of borders, the impact levels attributed to each external border section in accordance with Article 34 of the Regulation (EU) 2019/1896 and other relevant factors.
Amendment 332 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
Regulation (EU) No 2016/399
Title II – Chapter VI (new) – Title
Title II – Chapter VI (new) – Title
(4) After Chapter V is renamed as follows: “Specific measures relating to the external bordersthe following Chapter VI is inserted: “Specific measures in the event of infectious diseases with epidemic potential”
Amendment 335 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – paragraph 1 – introductory part
Article 1 – paragraph 1 – point 4 – paragraph 1 – introductory part
Regulation (EU) No 2016/399
Chapter VI (new) – Article 21a
Chapter VI (new) – Article 21a
In Chapter VI, the following Article 21a is inserted:
Amendment 338 #
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) No 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 Commission identifyies 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 342 #
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) No 2016/399
Article 21a – paragraph 2 – subparagraph 1
Article 21a – paragraph 2 – subparagraph 1
2. The Council, on the basis of a proposal by the Commission, and after having consulted the European Parliament, may adopt an implementing regulation, providing for temporary restrictions on travel to the Member States.
Amendment 345 #
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 3 – point ba new
Article 21a – paragraph 3 – point ba new
b a) refugees, persons with subsidiary or temporary protection and persons requesting international protection, in particular as regards non-refoulement.
Amendment 347 #
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) No 2016/399
Article 21a – paragraph 4 – point b
Article 21a – paragraph 4 – point b
b) identify any geographical areas or third countries from which non-essential travel may be subject to restrictions or exemptions from restrictions, having regard to the particular situation of the areas or countries concerned on the basis of objective methodology and criteria, including, in particular, the epidemiological situation;
Amendment 349 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – point a
Article 23 – point a
a) the exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their internal border areas, as conferred on them under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks. TWithin the meaning of the first subparagraph, the exercise by competent authorities of their powers may not, in particular, be considered equivalent to the exercise of border checks when the police measures:
Amendment 350 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – point a – point ii
Article 23 – point a – point ii
ii) are based on generalspecific and substantiated police information and experience of the competent authorities regarding possible threats to public security or public policy and aim, in particular, to:
Amendment 353 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – point a – point ii – indent 2
Article 23 – point a – point ii – indent 2
Amendment 357 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 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, for the purposes of addressing threats to public security or public policy as set out under ii);
Amendment 359 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – paragraph 1 – point aa new
Article 23 – paragraph 1 – point aa new
a a) the substantiated information referred to in paragraph a), point ii), cannot include information collected through the automated processing of data available in different data sources or in different data formats in order to forecast or predict trends related to migration, movement and border crossings;
Amendment 362 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 2016/399
Article 23 – point e
Article 23 – point e
Amendment 364 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 2016/399
Article 23a
Article 23a
Amendment 376 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 2016/399
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) activities direct and immediate threlating to of acts of terrorism or of serious organised crime;
Amendment 379 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 2016/399
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
Amendment 384 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 2016/399
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 386 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 2016/399
Article 25a – Title
Article 25a – Title
Procedure for cases requiring action due to unforeseeable or foreseeable eventtemporary reintroduction or prolongation of border control at internal borders
Amendment 390 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 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, the European Parliament and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
Amendment 394 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 2016/399
Article 25a – paragraph 3
Article 25a – paragraph 3
3. For the purposes of paragraph 1, border control at internal borders may be immediately reintroduced for a limited period of up to one month. If 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 further periods, leading to a maximum duration not exceeding three months. In doing so, the Member State concerned shall carry out an assessment of the necessity and the proportionality of the measure as referred to in Article 26, and make a new notification in accordance with Article 27(1).
Amendment 399 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 2016/399
Article 25a – paragraph 4
Article 25a – paragraph 4
4. Where a serious threat to public policy or internal security is foreseeable in a Member State, the Member State shall notify the Commissionmay, on exceptional basis and as a last resort, reintroduce border controls at internal borders following the assessment provided for in Article 26 and a notification to the Commission, the European Parliament and the other Member States and the Commission in accordance with Article 27(1),. The notification shall be transmitted at the latest four weeks before the planned reintroduction of border controls, or within a shorter period where the circumstances giving rise to the need to reintroduce border controls at internal borders become known less than four weeks before the planned reintroduction.
Amendment 404 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 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 sixthree 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 sixthree months. Any prolongation shall be notified to the Commission, the European 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 twoone years.
Amendment 409 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 2016/399
Article 25a – paragraph 6
Article 25a – paragraph 6
Amendment 413 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. To establish whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with Article 25, a Member State shall assess, before adopting any relevant measure, in particular consider:
Amendment 416 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – point aa new
Article 26 – paragraph 1 – point aa new
(a a) the proportionality of the measure of reintroducing border controls at internal border, and in particular whether measures other than the reintroduction of border controls at internal borders, such as enhanced cross-border police cooperation or proportionate police checks, are likely to adequately remedy the threat to public policy or internal security;
Amendment 418 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) the likely impact of such aany measure provided for in paragraphs (a) and (aa) on:
Amendment 420 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – point b – indent 1
Article 26 – paragraph 1 – point b – indent 1
— free movement of persons within the area without internal border control and;
Amendment 421 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – point b – indent 1a new
Article 26 – paragraph 1 – point b – indent 1a new
- the right to seek asylum and the principle of non-refoulement;
Amendment 422 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 1 – point b – indent 1b new
Article 26 – paragraph 1 – point b – indent 1b new
- the principle of non- discrimination; and
Amendment 430 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. Where a Member States decides to prolong the border control at internal borders pursuant to Article 25a(5), it shall also assess in detail whether the objectives pursued by such prolongation could be attained by:carry out a further risk assessment in accordance with paragraph 1.
Amendment 433 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 434 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 438 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 439 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 2016/399
Article 26 – paragraph 2a new
Article 26 – paragraph 2a new
2 a. Where a Member State assesses under point (a) of the paragraph 1 that the temporary reintroduction of internal border control is not likely to adequately remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control; Where a Member State assesses under point (aa) of paragraph 1 that measures other than the temporary reintroduction of internal border control are likely to adequately remedy the threat to public policy or internal security, it shall not reintroduce or prolong internal border control and shall take those other measures; Member States shall strive to adopt the less intrusive measure having regard to the assessment under point (b) of paragraph 1.
Amendment 445 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 2016/399
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) the considerationsoutcome of the assessment as to the necessity and proportionality referred to in Article 26(1) and, in the case of a prolongation, in, 26(2) and 26(2a) and the accompanying mitigating measures adopted pursuant to Article 26(23);
Amendment 452 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 2016/399
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where border controls have been in place for sixthree months in accordance with Article 25a(45), any subsequent notification for the prolongation of such controls shall include a risk assessment. T in accordance with Article 26(2). In addition to the aspects listed in Article 26(1), 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 455 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 2016/399
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 458 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 2016/399
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Member State concerned shall upon request by the Commission, provide any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Article 23 and 23a .
Amendment 462 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 2016/399
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States submitting a notification under paragraphs 1 or 2 may, where necessary and in accordance with national law, decide to classify all or parts of the notified information. Such classification shall not preclude access to information, through appropriate and secure police cooperation channels, by the other Member States affected by the temporary reintroduction of border controls at internal borders, and information from being made available by the Commission to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament according to this paragraph shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 466 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 2016/399
Article 27a – paragraph 1
Article 27a – paragraph 1
1. Following receipt of notifications, submitted under Article 27(1), the Commission may 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, the European Parliament and the relevant Union agencies.
Amendment 467 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 2016/399
Article 27a – paragraph 1 – subparagraph 2
Article 27a – paragraph 1 – subparagraph 2
The consultation shall concern in particular the identified threat to public policy or internal security, the relevance and the impact of the intended reintroduction of border controls, in line with the criteria set out in Article 26(1) and taking into account the appropriateness of alternative measures, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduced border controls.
Amendment 469 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 2016/399
Article 27a – paragraph 2
Article 27a – paragraph 2
2. Following the receipt of notifications, submitted in relation to the reintroduction or prolongation of border controls at internal borders, the Commission or any other Member State may, without prejudice to Article 72 TFEU, issue an opinion, if, based on the information contained in the notification, assessment and risk assessment, where appropriate, or any additional information, they have concerns as regards the necessity or proportionality of the planned reintroduction or prolongation of border control at internal borders.
Amendment 474 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 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.
Amendment 476 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 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 may establish a consultation process, within the meaning of paragraph 1, 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 477 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 2016/399
Article 27a – paragraph 5
Article 27a – paragraph 5
Amendment 483 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Where the Commission, establishes that the same receives notifications as referred in Article 27(1) that a serious threat to internal security or public policy, affects a majority of Member Statess defined in Article 25, points (a) and (b), affects several Member States at the same time, putting at risk the overall functioning of the area without internal border, it may, make a proposal to the Council to adopt, after having consulted European Parliament, an implementing decision authorising the reintroduction of border controls by Member States where the available measures referred to in Articles 23 and 23a are not sufficient to address the threat.
Amendment 486 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 1a new
Article 28 – paragraph 1a new
1 a. Before making the proposal to the Council, the Commission shall assess whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with the criteria laid down in Article 26. The Commission may issue a recommendation indicating other measures as referred to in Articles 23 that could complement internal border controls or be more suitable to address the identified threat to internal security or public policy as referred to in paragraph 1.
Amendment 490 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The decision shall cover a period of up to six months and may be renewed, upon proposal from the Commission, for further periods of up to six months as long as the threat persists, taking into account the review referred to in paragraph 5. The maximum duration of the internal border controls on the basis of the particularly serious threat identified shall not exceed two years.
Amendment 494 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall review the evolution of the identified threat as well as the impact of the measures adopted in accordance with the Council decision referred to in paragraph 1, with a view to assess whether the measures remain justified and to propose the lifting of the internal border controls.
Amendment 497 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 6
Article 28 – paragraph 6
6. Member States shall immediately notify the Commission, the European Parliament and the other Member States in the Council of a reintroduction of border controls in accordance with the decision referred to in paragraph 1.
Amendment 500 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 2016/399
Article 28 – paragraph 7
Article 28 – paragraph 7
Amendment 505 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Where a Member State notifies the Commission and the other Member States of the reintroduction of border controls in accordance with Article 27(1), it shall at the same time informprovide the same notification to the European Parliament and the Council of the following:.
Amendment 506 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
Amendment 508 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
Amendment 510 #
2021/0428(COD)
Amendment 512 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 2 – point d
Article 31 – paragraph 2 – point d
d) the date and duration of the planned reintroduction;eleted
Amendment 514 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 2 – point e
Article 31 – paragraph 2 – point e
Amendment 516 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
3. The provision of information may be subject to classification of information by Member States pursuant to Article 27(45).
Amendment 517 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 2016/399
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 524 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 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 twelve months and every twelve months thereaftersix months if border control is exceptionally maintained.
Amendment 527 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 2016/399
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The report shall outline, in particular, the initial and follow-up assessment of the necessity of border controls and the respect of the criteria referred to inand proportionality of border controls in line with Articles 26, the operation of the checks, the practical cooperation with neighbouring Member States, the resulting impact on the movement of persons in particular in the cross-border regions, the effectiveness of the reintroduction of border control at internal borders, including an ex-post assessment of the necessity and proportionality of the reintroduction of border control.
Amendment 533 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 2016/399
Article 33 – paragraph 6
Article 33 – paragraph 6
6. The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control entitled (‘State of Schengen report’). The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year. It shall also include information on the trends within the Schengen area as, as well as all the actions and decisions taken by the Commission with regards the unauthorised movements of third country nationals, taking into account available information from the relevant Union agencies, data analysis from relevant information systems ando the reintroduction or prolongation of border controls. It shall also include an assessment of the necessity and proportionality of the reintroductions of border controls in the period covered by that report and be accompanied by the Report foreseen in Article 25 of Regulation (EU) 2022/922.
Amendment 536 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) No 2016/399
Annex XI – paragraph 1 – point vi
Annex XI – paragraph 1 – point vi
vi. Passengers travelling for imperative family reasons, in line with the right to family life;
Amendment 538 #
2021/0428(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 2016/399
Annex XII
Annex XII
Amendment 544 #
2021/0428(COD)
Proposal for a regulation
Article 2
Article 2
Directive 2008/115/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment to Directive 2008/115/EC 1. Article 6(3) of Directive 2008/115/EC is replaced by the following: ‘3. Member States may refrain from issuing a return decision to a third- country national staying illegally on their territory if the third-country national concerned is taken back by another Member State in accordance with the procedure provided for in Article 23a of the Regulation (EU) 2016/399 of the European Parliament and of the Council* or under bilateral agreements or arrangements. The Member State which has taken back the third-country national concerned in accordance with the first subparagraph shall issue a return decision in accordance with paragraph 1. In such cases, the derogation laid down in the first subparagraph shall not apply. Member States shall without delay notify any existing, amended or new bilateral agreements or arrangements to the Commission.” * Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1).rticle 2 deleted
Amendment 548 #
2021/0428(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 3 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the fact that the COVID pandemic is dealing a heavy blow toconsequences of a combined health pandemic and a global recession will seriously undermine the capacity of developing countries, notably the Least developinged countries (LDCs) to achieve the SDGs, with already poor and vulnerable people taking the hardest hits and progress towards Sustainable Development Goals in many cases being replaced by regress;
Amendment 7 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that development assistance together with substantial debt relief measures involving all private and public creditors and further development of international tax cooperation is badly needed to tackle the problems of tax- motivated illicit financial flows originating from cross-border operations by multinational entreprises, tax evasion and tax fraud in order to improve the tax bases of developing countries, to shore up public finances, avert damaging austerity measures and prevent that spending on COVID vaccination crowds out other crucial expenditure; calls on the European Commission to define a comprehensive European debt relief strategy towards developing countries; calls for support to the creation of a multilateral debt workout mechanism, under UN auspices, to address both the impact of the crisis and the financing requirements of the Agenda 2030; believes that steps should also be taken towards agreement on binding rules on responsible sovereign lending and borrowing in order to support improved debt crisis prevention;
Amendment 16 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out the urgency of scaling up funds for health care, food security and nutrition, education, access to basic water and sanitation services, social protection and gender equality and to reinforce the People and Planet - Global Challenges lines from the Emerging challenges and priorities cushion; stresses that human development as well as protection of biodiversity should be prioritised in geographical lines;
Amendment 17 #
2021/0227(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to finance actions involving Indigenous People and Local Communities, in order to halt biodiversity loss, fight against illegal logging and wildlife trade and trafficking and ensure sustainable use and management of ecosystems; stresses that new investment tools to support resource mobilisation can be used to this end (e.g biodiversity-relevant taxes, fees and charges); calls on scaling up investments to better track, reform and phase-out subsidies harmful for biodiversity and channelling them towards biodiversity friendly activities, in line with Agenda 2030;
Amendment 21 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to ensure that it will be able to convincingly demonstrate adherence to the NDICI - Global Europe regulation’s provisions and reach the committed targets on expenditure for social inclusion and human development, gender, climate, biodiversity and migration objectives and full respect of the requirement that 93% of the NDICI expenditure shall qualify as official development assistance; insists on the need to increase ODA, in particular to least developed countries, so as to contribute to fulfilment of the EU’s and its Member States’ collective pledges;
Amendment 23 #
2021/0227(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission and financial institutions, including the EIB, to ensure that all operations engaged through EFSD+ - EAG respect the principle of development additionality and are compliant with the external action goals of the EU as defined in Article 21 TEU, including respect and promotion of human rights, eradication of poverty, and the management of environmental risks; calls on the Commission to assess the development additionality of channelling EU funds through EFSD+ to reinforce the COVAX facility;
Amendment 24 #
2021/0227(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that according to the GE- NDICI Regulation, EDF reflows will be ring-fenced to ACP countries and channelled exclusively through the EIB via budgetary guarantees and blending operations under EFSD+ - EAG; calls on the use of EDF reflows to help remedy the current lack of presence of the EIB on the ground in ACP countries in order to analyse the reality of the situation around the projects it finances; underlines the positive role a stronger involvement of EU delegations could also play to this end;
Amendment 28 #
2021/0227(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that social protection systems accessible to all and universal health coverage should be promoted by a Pan-Africa Programme, which should have its own budget line; welcomes the funds for continued building of OACP capacity in the framework of the EU-ACP Joint Parliamentary Assembly.
Amendment 31 #
2021/0227(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes an ACP programme with its own budget line is essential to cover the common and intersecting objectives and strategic priorities under the new EU- OACPs agreement; considers that this programme would complement EU programming at regional and country level in these parts of the world and should be dedicated priorily towards vulnerable populations facing climate change and biodiversity loss, and support the financing of COVID-19 related healthcare to facilitate access to quality medical care and vaccines for all;
Amendment 34 #
2021/0227(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the annual budget exercise to properly reflect the provisions of the GE-NDICI on the mobilisation of the emerging challenges and priorities cushion, in particular to ensure additional EUR 1 billion throughout the entire duration of the MFF to thematic programmes (EUR 200 000 000 for the Human Rights and Democracy thematic programme, EUR 200 000 000 for the Civil Society Organisations thematic programme and EUR 600 000 000 for the Global Challenges thematic programme);
Amendment 36 #
2021/0227(BUD)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses that the humanitarian aid budget for Afghanistan and neighbouring countries should be strongly increased to support and protect vulnerable Afghans and their families, including Internally Displaced People and refugees, and to enhance resettlement; demands that, unless the respect for human rights and especially the rights of women and girls can be guaranteed, development assistance to the Afghan regime remains suspended and is redirected towards and limited to independent development and humanitarian organisations in line with EU external action objectives;
Amendment 19 #
2021/0211(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Low income, lower-middle income and Least Developed Countries are the most vulnerable to the impact of climate change. Although their shares to the greenhouse gases in the atmosphere are very small or even negligible, they tend to be heavier exposed to impacts of climate change, notably in view of the state of their infrastructure and their peoples’ living conditions. Those countries are now in a calamitous situation by the combination of the global failure to curb GHG emissions, which raises their adaptation needs and costs ever higher, and the public finance crises caused by the COVID-pandemic and the associated ‘debt pandemic’.
Amendment 20 #
2021/0211(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9 b) Significant financial resources are needed to implement the Paris Agreement. The EU remains committed to contributing towards the developed countries’ goal of jointly mobilising from different sources USD 100 billion per year by 2020 to support developing countries. The goal was extended until 2025 before a new collective goal is set.The funding will come from a wide variety of sources – public and private, bilateral and multilateral, and alternative sources of finance. However, this goal remains unmet. The EU should step up its support for these countries including through the ETS in order to strengthen their ability to adapt and their resilience to climate change.
Amendment 21 #
2021/0211(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9 c) LDCs are especially vulnerable to the effects of climate change and are responsible only for a very low level of greenhouse gas emissions. Therefore, particular priority should be given to addressing the needs of LDCs through the use of EU ETS allowances to fund climate action, in particular adaptation to the impacts of climate change. Collective pledging by the EU would increase EU influence in the UNFCCC negotiations while contribution through the Green Climate Fund would also encourage others to contribute a portion of their own carbon pricing schemes to the Fund.
Amendment 22 #
2021/0211(COD)
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9 d) All revenues (or the equivalent in financial value) from EU ETS should be earmarked for climate action and 50% should be dedicated to EU’s collective contribution to international climate finance.
Amendment 31 #
2021/0211(COD)
(11) Article 10 is amended as follows: All revenues (or the equivalent in financial value) from EU ETS should be earmarked for climate action and 50% should be dedicated to EU’s collective contribution to international climate finance, to support in priority adaptation to climate change, in particular for Least Developed Countries and Small Islands Developing States, as well as in low income and lower-income countries, and loss and damage, which are of peculiar importance for vulnerable developing countries.
Amendment 46 #
2021/0140(CNS)
Proposal for a regulation
Recital 6
Recital 6
(6) The evaluation and monitoring mechanism may cover all areas of the Schengen acquis - present and future - except those where a specific evaluation mechanism already exists under Union law. The evaluation and monitoring mechanism should also include for each evaluation and each evaluated Member State a fundamental rights’ assessment covering the respect and promotion of the provisions of the Charter of fundamental rights of the European Union in the implementation of the Schengen acquis. The evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of Schengen area.
Amendment 49 #
2021/0140(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) Evaluation and monitoring activities should be targeted, taking into account the results of previous evaluations and the results of national quality control mechanisms. They should be supported by reinforced cooperation with Union bodies, offices and agencies, their systematic involvement in Schengen evaluations and by improved risk analyses and information sharing. This cooperation and involvement concerns in particular the European Border and Coast Guard Agency (‘Frontex’), the European Union Agency for the Operational Management of Large-Scale IT Systems (eu-LISA), the Union Agency for Law Enforcement Cooperation (Europol), the European Agency for Fundamental Rights and the European Data Protection Supervisor. The cooperation should also become more reciprocal and the agencies should not only be contributors, but also benefit from being involved in the evaluation and monitoring mechanism.
Amendment 52 #
2021/0140(CNS)
Proposal for a regulation
Recital 9
Recital 9
(9) The vulnerability assessment carried out by Frontex is a complementary mechanism to the evaluation and monitoring mechanism established by this Regulation for guaranteeing quality control at Union level and ensuring constant preparedness at both Union and national levels to respond to any challenges at the external border. Both mechanisms constitute a component of the European Integrated Border Management. Synergies between the vulnerability assessment and the evaluation and monitoring mechanism should be maximised with a view to establishing an improved situational picture of the functioning of the Schengen area, avoiding, to the extent possible, duplication of efforts and conflicting recommendations. For that purpose, regular exchange of information between Frontex and the Commission on the results of both mechanisms should take place. Increasing the strategic focus and more targeted evaluation design also requires increasing synergies further with the relevant mechanisms and platforms operated by Union agencies and national administrations, such as the European Multidisciplinary Platform Against Criminal Threats (‘EMPACT’) or the oversight conducted by the Commission with the support of eu-LISA as regards the preparation of the Member States for the implementation of relevant IT systems as well as the findings of the national quality control mechanismsevaluation and monitoring mechanism established by this Regulation should act, in each of its phases, in full synergy with other existing monitoring and reporting mechanisms, instruments, and bodies developed at national, EU and international level.
Amendment 54 #
2021/0140(CNS)
Proposal for a regulation
Recital 10
Recital 10
(10) During the evaluation, particular attention should be paid to verifying respect forThe assessment of the respect for and promotion of fundamental rights in the application of the Schengen acquis should be horizontally mainstreamed in each evaluation, in addition to the evaluation of the correct implementation and application of the data protection requirements of the Schengen acquis carried out by separate evaluations. To increase the capacity of the evaluation and monitoring mechanism to identify violations of fundamental rights in relevant policy areas, additional measures should be implemented. Schengen evaluators should be properly trained in this regard, relevant information from the European Agency for Fundamental Rights should be better utilised and its experts better involved in the design and implementation of evaluations. In particular, the Commission, in cooperation with the European Union Agency for Fundamental Rights, should develop specific benchmarks, to be included in the standard questionnaire, against which compliance with fundamental rights’ can be assessed. Furthermore, evidence which is made public or provided through independent monitoring mechanisms or by relevant third parties at their own initiative such as ombudspersons, authorities monitoring the respect of fundamental rights, non- governmental and international organisations, should be taken into account in the programming, design and implementation of evaluations.
Amendment 57 #
2021/0140(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) The forms of evaluations and methods should be made more flexible to increase the efficiency of the evaluation and monitoring mechanism and its capacity to adapt to new circumstances and legislative developments and to streamline the use of the resources of the Member States, Commission and the Union bodies, offices and agencies. Periodic evaluations through visits should be the primary means of evaluation. The proportion of unannounced visits and thematic evaluations should be gradually increased to ensure a more balanced use of available tools. The forms of evaluation should be clearly defined. Depending on the policy area and the nature of the evaluation and monitoring activity, the evaluation and monitoring mechanism should allow the evaluation of several Member States at the same time and conduct entirely or partly remote evaluations, as complementary evaluation methods to physical visits, as well as to combine the evaluation of policy fields. The evaluation and monitoring mechanism should strive towards drawing comprehensive Member State evaluation reports assessing the Member State’s overall performance in the application of the Schengen acquis.
Amendment 58 #
2021/0140(CNS)
Proposal for a regulation
Recital 13
Recital 13
(13) Thematic evaluations should be used more frequently to provide a comparative analysis of Member State practices. They should take place to assess the implementation of major legislative changes as they start to apply and of new initiatives, as well as to assess issues across policy areas or similar policies and practices ofacross Member States facing similar challenges.
Amendment 63 #
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 significantnegatively impact on the functioning of the Schengen area or lead 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 65 #
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 experts designated by Member States. 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. The experts can be assisted in their evaluation and monitoring activities by observers designated by the European Parliament and by the relevant Union bodies, offices and agencies involved in the implementation of the Schengen acquis as well as by the European Union Agency for Fundamental Rights. For each evaluation and monitoring activity, the Commission should always invite the European Parliament to designate a representative as an observer.
Amendment 71 #
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 impactgive an account of deficiencies identified 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 76 #
2021/0140(CNS)
Proposal for a regulation
Recital 22
Recital 22
(22) In addition, where evaluations identify a serious deficiency, specific provisions should apply to ensure the prompt adoption of remedial measures. Given the risk posed by such deficiency, as soon as the evaluated Member State is informed about a serious deficiency, the evaluated Member State should start immediately implementing actions to remedy the deficiency including, where necessary, mobilising all available operational and financial means. Remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. In this regard, the Commission should immediately inform the Council and the European Parliament when an evaluation establishes the existence of a serious deficiency and organise a ‘serious deficiency’ revisit no later than one yearsix months from the date of the evaluation to verify whether the Member State has remedied the shortcomings concerned. The Commission should present a revisit report to the Council following the revisit. Considering the severe impact that a serious deficiency might have on the Schengen area as a whole and on individuals’ fundamental rights, in case the revisit report concludes that the identified serious deficiency has not been adequately remedied, the Commission should launch without delay an action pursuant to article 258 of the Treaty on the Functioning of the European Union in order to address the identified shortcomings.
Amendment 79 #
2021/0140(CNS)
Proposal for a regulation
Recital 23
Recital 23
(23) The identification of a serious deficiency requires a thorough case-by- case assessment on the basis of clear criteria regarding the nature, scale and potential impact of the problems, which may be different for each policy area. Different key elements for the effective implementation of the Schengen acquis and different combination of factors could lead to the classification of a finding as a serious deficiency. However, if it is considered that a shortcoming identified is or in a short-term has the potential of putting the overall functioning of the area without internal border control at risk, or have a significantof negatively impact oning the rights of individuals, such shortcoming is to be regarded as a serious deficiency. Where a serious deficiency in the carrying out of external border control is identified in an evaluation report, Articles 21 and 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council37 may apply. _________________ 37 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 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 82 #
2021/0140(CNS)
Proposal for a regulation
Recital 24
Recital 24
(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 six months.
Amendment 84 #
2021/0140(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) As part of its monitoring activities, it should be possible for the Commission to organise revisits and verification visits. Revisits should be organised to monitor the progress of the implementation of an action plan following an evaluation that identified serious deficiency or following an evaluation which preceeds the full Schengen accession of a Member State (‘first time evaluation’) and concluded that the evaluated Member State did not fulfil the necessary conditions to apply the Schengen acquis in the respective evaluated policy area. The revisit report should be limited to present the progress made to implement the recommendations. Otherwise, verification visits may be carried out to monitor the implementation of an action plan, following an evaluation that did not identify serious deficiency where deemed necessary. Verification visits should always be organised before the closure of an action plan following a first time evaluation. In terms of the organisational and reporting requirements, verification visits shcould be lighter than evaluation visits. In particular, they should comprise smaller teams and should not lead to new findings or require the adoptioncomprise smaller teams and focus on the previously identified deficiencies, without prejudice to any additional issues identified by the experts. There should always be a report, either separate ofr a separate reportnnexed to the original report to document findings. The Council should be more actively involved in the monitoring phase and should express its position on the proposed closure of action plans.
Amendment 90 #
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, at all stages, of the content and results of the evaluations. 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 adoptingconsidering the central function that the monitoring framework has in the overall architecture underpinning the Schengen acquis, should the Commission submit a proposal to amend this Regulation, this amended proposal would be based on Article 77(2)(b) of the of the Treaty on the CoFuncil's Rules of Procedure (OJ L 325 11.12.2009, p. 35)tioning of the European Union.
Amendment 95 #
2021/0140(CNS)
Proposal for a regulation
Recital 39
Recital 39
(39) Given that the verification in accordance with the applicable Schengen evaluation procedures concerning Bulgaria, Cyprus, Romania and Croat and Romania, has already been completed pursuant to their respective Act of Accession, the verification under Article 1(2)(b) of this Regulation should not be relaunched in respect of those Member States,
Amendment 102 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘Schengen acquis’ means the provisions integrated into the framework of the Union in accordance with Protocol No 19 annexed to the TEU and to the TFEU, together with the acts building upon them or otherwise related to them, including the full implementation of the fundamental rights and freedoms enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 105 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘unannounced evaluation’ means an evaluation, which is conducted without any prior notice and is not included in the multiannual and annual evaluation programmes, to verify the application of the Schengen acquis by one or more Member States in one or more policy fields;
Amendment 107 #
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, or part of it, and which individually or in combination, have, or risk to have over time, a significant negatively impact or risk to negatively impact on the rights of individuals or on the functioning of the Schengen area;
Amendment 112 #
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 by the Commission representativ, and observers designated by relevant Union institutions, bodies or agencies, who carry out evaluations and monitoring activities.
Amendment 119 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Member States and, the Commission and the Council shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this Regulation.
Amendment 128 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission mayshall organise unannounced evaluations, in particular:
Amendment 132 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) to evaluate practices at internal and external borders;
Amendment 134 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) when it becomes aware of emerging or systemicexisting problems that could potentially have a significanthave a negative impact on the functioning of the Schengen area;
Amendment 139 #
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 internal and external borders.
Amendment 143 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission may organise thematic evaluations in particular to assess the implementation of significant legislative changes, as they start to apply, and of new initiatives, or to assess issues across policy areas or similar policies and practices ofacross Member States facing similar challenges.
Amendment 145 #
2021/0140(CNS)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Evaluations and monitoring activities referred to in Articles 4 and 5 may be carried out by means of announced or unannounced visits, and questionnaires or other remote methods. Unannounced evaluations shall take place by means of unannounced visits and in-person surveys.
Amendment 147 #
2021/0140(CNS)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. TFor the purpose of the implementation of this Regulation, the Commission shall cooperate with relevant Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis as well as with the European Union Agency for Fundamental Rights, including by exchanging relevant information.
Amendment 148 #
2021/0140(CNS)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 150 #
2021/0140(CNS)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 154 #
2021/0140(CNS)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The risk analysis referred to in paragraph 1 shall cover all relevant aspects related to integrated border management, including an assessment of the implementation of Regulation (EU) 656/2014 by the Member States and Frontex, and it shall also contain recommendations for announced and unannounced visits in the following year, irrespective of the order of Member States to be evaluated each year, as established in the multiannual evaluation programme in accordance with Article 12.
Amendment 155 #
2021/0140(CNS)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The Commission shall transmit that risk analysis without delay to the European Parliament and to the Council.
Amendment 156 #
2021/0140(CNS)
Proposal for a regulation
Article 9
Article 9
Amendment 158 #
2021/0140(CNS)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shaIn its programming, evaluation, monitoring and follow-up activity, the Commission shall rely on and make full use of the results of relevantfindings and recommendations of existing monitoring and reporting mechanisms and, instruments, including evaluation and monitoring activities of Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis and of the European Union Agency for Fundamental Rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities, to improve awareness on the functioning of the Schengen area and to avoid the duplication of efforts and conflicting measures. and bodies operating at national, European and international level, including: - the European Union Agency for Fundamental Rights (FRA), the European Data Protection Supervisor (EDPS); - the European Court of Auditors; - the monitoring mechanisms provided for in Article 7 of the Regulation (EU) xxxx/xxxx (Regulation on Screening), in Articles 32, 109 and 110 of Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation) and Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation]; - national human rights organisations, ombudspersons, National Preventive Mechanisms and independent non- governmental or civil society organisations; - the Council of Europe, in particular the Venice Commission and the European Committee for the Prevention of Torture (CPT); - international organisations such as the United Nations, its agencies and bodies, and the Organization for Security and Co- operation in Europe (OSCE).
Amendment 163 #
2021/0140(CNS)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 170 #
2021/0140(CNS)
In the programming and implementation of the evaluations and monitoring activities, the Commission shall take into account information provided by third parties, including independent authorities, non- governmental organisations and international organisationational human rights organisations, ombudspersons, National Preventive Mechanisms, non-governmental or civil society organisations and international organisations such as the United Nations’ and the Council of Europe’ institutions and bodies.
Amendment 174 #
2021/0140(CNS)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In each multiannual evaluation cycle, each Member State shall undergo one periodic evaluation and at least one unannounced evaluation or thematic evaluationpursuant to Article 4(2)(a) or one thematic evaluation. Unannounced evaluations pursuant to Articles 4(2)(b) and 4(2)(c) shall be organised by the Commission whenever the circumstances provided for in those articles arise.
Amendment 176 #
2021/0140(CNS)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall adopt the multiannual evaluation programme by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(3). The Commission shall transmit the multiannual evaluation programme to the European Parliament and to the Council which shall have the opportunity to express their views on it.
Amendment 178 #
2021/0140(CNS)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The multiannual evaluation programme shall identify the specific priority areas to be covered by the periodic evaluations and shall, which shall include, for each evaluated Member State and as part of the annual thematic evaluation, a fundamental rights’ assessment covering the respect and promotion of the provisions of the Charter of Fundamental Rights of the European Union in the implementation of the Schengen acquis. The multiannual evaluation programme shall also include a provisional time- schedule of those evaluations.
Amendment 179 #
2021/0140(CNS)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
It shall set out a provisional list of Member States to be subject to periodic evaluations, together with the relevant Union institutions, bodies, offices and agencies performing functions related to the implementation of the Schengen acquis in the relevant Member States, without prejudice to adjustments made under paragraph 4, in a given year. The provisional order in which the Member States are to be subject to a periodic evaluation shall take into account the time which has elapsed since the previous periodic evaluation. It shall also take into account the outcome of previous evaluations, the pace of implementation of the action plans and other relevant information at the Commission’s disposal as regards the practices of the Member States.
Amendment 180 #
2021/0140(CNS)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall establish, by means of an implementing act, an annual evaluation programme by 15 November of the year preceding that to which the programme relates, based on in particular the risk analyses, findings, recommendations and other information obtained by the Commission in accordance with Articles 7, 8, 9, 10 and 11. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(3).
Amendment 183 #
2021/0140(CNS)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. The Commission shall transmit the annual evaluation programme to the European Parliament and to the Council which shall have the opportunity to express their views on it.
Amendment 184 #
2021/0140(CNS)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
In drawing up the questionnaire, the Commission may consult relevant Union bodies, offices and agencies referred to in Article 7. The Commission, in cooperation with the European Union Agency for Fundamental Rights, shall develop and include in the questionnaire specific benchmarks against which the evaluation teams assess the fundamental rights’ compliance.
Amendment 185 #
2021/0140(CNS)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The standard questionnaire shall cover the implementation of the relevant legislation, including the Charter of Fundamental Rights of the European Union, and the organisational and technical means available for the implementation of the Schengen acquis, including the ones referred to in Handbooks, the Schengen catalogues and relevant statistical data.
Amendment 199 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. Observers from Union bodies, offices and agencies shall not participate in a team carrying out an evaluation or monitoring activity of the Member State where they perform their functions.
Amendment 200 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
5 b. The Commission shall invite the European Parliament to designate a representative to take part as an observer in an evaluation or monitoring activity.
Amendment 203 #
2021/0140(CNS)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
7. The observers referred to in paragraphs 5, 5b and 6 shall support the team as requested by the lead experts, but they shall not participate in the internal decision-making process of the team.
Amendment 206 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The detailed programme for the visits in a Member State or in its consulates shall be established by the Commission in close cooperation with the lead experts and , for announced visits, the Member State concerned. In the latter case, the Commission shall send the detailed programme also to the relevant national Parliament.
Amendment 209 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
It may include visits to and meetings with national authorities and bodies, non- governmental and international organisations as well as other entities, agencies and bodies involved in, participating in or concerned by the implementation of the Schengen acquis and the Union and international human rights framework while cooperating with the Member State subject to the evaluation or monitoring activity.
Amendment 212 #
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 218 #
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 222 #
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 as complementary evaluation methods to physical visits.
Amendment 225 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. In preparing the evaluation report, the teams shall take account of the replies to the standard questionnaire or to the in- person surveys, any additional information obtained in accordance with Articles 7, 8, 9, 10 and 11 and the findings of the evaluation activity. The evaluation reports may include documentary and digital material to support the findings. Where an evaluation is carried out by means of a visit, the team shall draft the evaluation report during the visit.
Amendment 228 #
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 232 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. The Commission shall transmit the draft evaluation report to the evaluated Member State within four weeks of the end of the evaluation activity. The evaluated Member State shall provide its comments on the draft evaluation report within two weeks of its receipt. A drafting meeting shall be held at the request of the evaluated Member State, no later than five working days from the receipt of the comments from the evaluated Member State. The comments of the evaluated Member State mayshall be reflected in the draft evaluation report.
Amendment 233 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. The evaluation reports pursuant to this Article and Article 23 of this Regulation shall contribute to the assessment of the effective application and implementation of the Charter of Fundamental Rights according to Article 15(1) and Annex III of Regulation (EU) 2021/1060 (Common provisions Regulation).
Amendment 236 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
If the Commission does not consider that all the recommendations have been sufficiently addressed, also on the basis of the information, findings and recommendations obtained according to Articles 7, 8, 10 and 11, the evaluated Member State shall submit a revised action plan within one month of the receipt of the observations.
Amendment 240 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the Commission considers the action plan implemented, it shall inform the evaluated Member State about the closure of the action plan. If, after 24 months from the evaluation report, the Commission does not consider that all the recommendations have been sufficiently addressed and the action plan fully implemented, it shall invite the European Parliament and the Council to express their position on the matter through a reasoned decision, which shall be made public. This is without prejudice to the Commission’s prerogatives under Article 258 TFEU.
Amendment 242 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
The Commission shall inform the European Parliament and, the Council and the national parliaments concerned at least twice a year about the state of implementation of the action plans and made available to them, in accordance with the provisions of Article 26, all relevant documents referred to in paragraph 1, 2 and 3 of this Article. The Commission shall in particular provide information about its observations on the adequacy of the action plans referred to in paragraph 2, the outcome of revisits and verification visits and whether it observes considerable lack of progress in the implementation of an action plan.
Amendment 244 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
The evaluated Member State shall take immediate remedial actions including, where necessary, mobilising all available operational and financial means. The evaluated Member State shall inform without delay the Commission and the Member States about the immediate remedial actions taken or planned. In parallel, the Commission shall inform the respective Union bodies, offices and agencies referred to in Article 7 of the serious deficiency in view of their possible support to the evaluated Member State. The Commission shall also immediately inform the Council and, the European Parliament and Member States’ national parliaments of the identified serious deficiency and the remedial actions, if any, already taken by the evaluated Member State.
Amendment 247 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Amendment 249 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. In light of the findings, the comments provided by the evaluated Member State and of other information as referred to in Articles 7, 8, 10 and 11, the team shall draft recommendations for remedial actions aimed at addressing the serious deficiency identified in the draft evaluation report. The comments of the evaluated Member State shall be reflected in the evaluation report.
Amendment 250 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The Commission shall transmit a proposal to the European Parliament to express its observations and submit athe proposal to the Council to adopt the recommendations concerned.
Amendment 255 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
The Commission shall provide the evaluated Member State observations on the adequacy of the action plan within two weeks from its submission. The Commission shall transmit its observations to the Council and the European Parliament which shall be invited to express their views on them.
Amendment 256 #
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 month of the adoption of the recommendations. The Commission shall immediately transmit that action plan to the European Parliament.
Amendment 259 #
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 yearsix months from the date of the evaluation activity.
Amendment 262 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 8 a (new)
Article 23 – paragraph 8 a (new)
Amendment 265 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
Amendment 268 #
2021/0140(CNS)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The rules laid down in paragraphs 2 and 3to 5 shall apply in relation to first time evaluations.
Amendment 269 #
2021/0140(CNS)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. The evaluation report drafted in accordance with Article 21(2), (3) and (4) following first time evaluations shall not contain recommendations. In light of the findings, the team shall draft recommendations for remedial actions and of other information as referred to in Articles 7, 8, 10 and 11, the team shall draft recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified in the draft evaluation report. The timelines in Article 21(1) and (6) shall apply.
Amendment 271 #
2021/0140(CNS)
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 2
Article 24 – paragraph 3 – subparagraph 2
The Council mayshall set time limits for the implementation of specific recommendations.
Amendment 272 #
2021/0140(CNS)
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 3
Article 24 – paragraph 3 – subparagraph 3
The Commission shall organise a revisit in case the evaluation report concluded that the evaluated Member State did not fulfil the conditions necessary to apply the Schengen acquis. The Commission shall adopt, by means of an implementing act the revisit report in accordance with the examination procedure referred to in Article 29(3). The Commission shall submit the revisit report to the Council, which shall adopt a reasoned decision.
Amendment 273 #
2021/0140(CNS)
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 3 a (new)
Article 24 – paragraph 3 – subparagraph 3 a (new)
The rules laid down in Article 22(1) and (2) shall apply to first time evaluations.
Amendment 274 #
2021/0140(CNS)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Article 24(2) and (3) shall apply to thematic evaluations.
Amendment 276 #
2021/0140(CNS)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The transmission and handling of classified information and documents for the purposes of this Regulation shall take place in compliance with the applicable security rules. Such rules shall not preclude information being made available to the European Parliament, national parliaments and to relevant Union bodies, offices and agencies referred to in Article 7.
Amendment 278 #
2021/0140(CNS)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Revision Any future proposal from the Commission for amending this evaluation and monitoring mechanism to verify the application of the Schengen acquis will be based on Article 77(2)(b) of the Treaty on the functioning of the European Union (TFEU).
Amendment 1 #
2020/2255(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the 'New Pact on Migration and Asylum' is a holistic attempt to address Europe's migration challenges; stresses however that these challenges origina, taking into account both internal and external dimensions; urges that the root causes of poverty, while working with and for migrants and local communities according to their needs and vulnerabilities, be effectively addressed; notes that despite the fact that most migration to Europe is a regular phenomenon, the Union has devoted outside Europe and urges that the root causes and drivers of migration be effectively addressednly limited attention and resources to seizing the positive contributions that migration can make to sustainable development and societies in countries of origin and destination; calls on the Commission and the Member States to make of the new Pact a tool for harnessing the benefits of migration and for developing and increasing safe and regular legal mobility channels;
Amendment 8 #
2020/2255(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the European Consensus for Development provides for a coordinated, holistic and structured approach to migration, given its cross- cutting nature and considers it as one of the key areas to which Policy Coherence for Development (PCD) applies; in this regard, calls for PCD compliant and regularly assessed external migration policies which contribute to human rights, gender equality and empowerment, poverty eradication and human development;
Amendment 17 #
2020/2255(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls Member States’ right to determine their own that Article 79 TFEU provides for the management of legal migration at Union level and commits the Member States to developing a common immigration policiesy; underlines that facilitating labour migration at Union level underminescan benefit Member States’ unique and diverse labour market policies; considers that increasing regular migration channels will not reduce illegal migration or human trafficking by addressing skills gaps and demographic challenges and in this way can be a way forward to lower irregular migration in the long term; considers that well-designed and well-managed legal migration policies can be a source of innovation and economic and social development, beneficial for both countries of origin and host countries; stresses that development support for policies favouring migration through regular channels can be more effective for the long-term and sustainable development of countries in the Global South than policies to modify and control migration;
Amendment 23 #
2020/2255(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that mobility has long been a critical adaptation strategy for populations facing economic, security and environmental pressure in their regions of origin; stresses that tackling the external dimension of legal migration requires Union policies that favour the development of legal and safe migration pathways, in order to reshape rather than prevent migration trends, so as to work with rather than against them; insists that an approach which emphasizes border control and the reduction of migrant arrivals in Europe pushes migrants towards more dangerous routes but will not prevent them from undertaking their journey; underlines that the use of development aid to deter migration has been proven not to reduce migration rates but may instead help them increase;
Amendment 24 #
2020/2255(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that as most migrants move within their own region and continent of origin, intra-regional and intra-continental mobility should be facilitated; calls on the EU- Africa partnership and the future OACPs-EU agreement to support intra-regional and intra-continental mobility of persons in accordance with the African Charter of Human rights and the African Union Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment;
Amendment 25 #
2020/2255(INL)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 38 #
2020/2255(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that emigration of highly qualifiedin order to prevent that emigration of citizens deprives countries of origin of their human capital and an educatedessential workforce (“brain drain”) and seriously hampers their economic and social development in the long term, it is necessary to provide countries of origin with development assistance in the education and health sector, as well as for better governance and the protection of human rights; calls for the future EU Talent Partnerships to address this issueadequately the issue of brain drain and take on board lessons from the recent EU pilot projects on legal migrationimplementation of Union-funded pilot projects on legal migration; stresses that moving beyond the “pilot” phase, which implies scaling up the amount of projects and funding, will require sustained political and financial support from Member States as well as close cooperation with partner countries to ensure that EU Talent Partnerships can truly reflect shared priorities around mobility and skills and do not focus on destination countries needs only; calls on upcoming EU Talent Partnerships to overcome the shortcomings of the Pilot Projects and therefore: to expand the scope of participants, duration and purpose of trainings, to ensure better social protection and labour rights of participants, not to make such mobility schemes conditional on cooperation of third countries on Union migration management, readmission and return policies, to target more projects towards Subsaharan Africa - in particular in the framework of the EU-Africa partnership;
Amendment 44 #
2020/2255(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the COVID-19 pandemic has revealed the important contributions of immigrant workers across the skills spectrum in key sectors such as health care and social care, information and communications technology (ICT), logistics, agriculture, and construction; calls on the Union to develop a more sustainable legal migration policy in partnership with third countries and to ensure safe two-way migration mobility, such as for labour, academic or training purposes which could benefit both, countries of origin and host countries;
Amendment 48 #
2020/2255(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses the need to simplify administrative procedures for the recognition of migrants’ qualifications and professional skills; underlines that knowledge and skills’ transfer acquired abroad have been shown to have concrete development benefits in origin countries; recalls that measures to support youth and women’s entrepreneurial activities or to facilitate remittances are other ways in which migrants abroad can invest in their country of origin;
Amendment 55 #
2020/2255(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 66 #
2020/2255(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the appropriate use of the NDICI-Global Europe to contribute to reducing migration flows by stimulating economic growth and development Deplores the fact that less than 1% of Union spending for asylum and migration has been dedicated to expenditure on migration facilitation and mobility including pathways to protection, and in particular to the Union between 2014 and 2019, while around 13% was allocated to addressing migration restriction and reduction measures; notes that there is no long-term assessment of the consequences of the measures on migratory routes and the security situation; calls for the appropriate use of the NDICI-Global Europe to allocate a significant part of its 10% spending earmarked for migration to developing and expanding legal migration policy options including developing new channels for migrants to enter the Union, supporting the freedom of movement within regions outside of Europe, supporting labour mobility schemes, promoting education and study mobility schemes, in particular through the budget line allocated to Erasmus+, facilitating safe arrival in the Union for asylum and non-asylum migration, facilitating the recognition of professional qualifications, supporting pilot projects on legal migration within third countries and in the Union;
Amendment 73 #
2020/2255(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that development support cannot be conditional upon the capacity or willingness of partner countries to cooperate on Union migration policies, as this would undermine the legal obligation of the Union to Policy Coherence for Development and with the European Consensus on Development, and be against the aid effectiveness principle of country ownership; recalls also that ODA must be used for its primary purpose of eradicating poverty and not to support migration management and control or any other actions without development objectives;
Amendment 76 #
2020/2255(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that NDICI-Global Europe Regulation foresees mid-term and final evaluations and the detailed annual reporting by the Commission to the European Parliament and the Council on the ongoing activities, results delivered, effectiveness, as well as progress towards the thematic targets and objectives of that Regulation; calls on the Commission to develop and implement a precise methodology for tracking the 10% expenditure earmarked for migration and forced displacement to effectively ensure proper transparency and accountability regarding this spending, as required in that Regulation;
Amendment 80 #
2020/2255(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need to involve all relevant stakeholders in Europe and partner countrie, including parliaments, NGOs, local authorities and the private sector in Europe and partner countries as well as diaspora organisations in the definition and evaluation of new and existing legal migration strategies; highlights the importance of religious entitiesa structured dialogue with civil society, which play a key role in partner countries, including in conflict resolution.
Amendment 3 #
2020/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view; deeply regrets that Frontex’s activities regarding the respect for and the protection of fundamental rights were not included in the scope of the audit; requests that any future special report by the Court on the Agency's activities should includes an analysis about Frontex’s activities regarding respect for and the protection of fundamental rights; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf
Amendment 11 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesseshortcomings 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 implemlisted by the Court, which are: situation monitoring, risk analysis, vulnerability assessment, joint operations and rapid border interventation of the 2016 mandate ands, return operations and Frontex's training; regrets the failure of the Agency to take the measures necessary to adapt its organisation to fully implement thate 2016 mandate; 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)recalls that Frontex's budget skyrocketed from EUR 118 million in 2011 to EUR 460 million in 2020, and to an annual average of EUR 900 million for the 2021-2027 period; notes with concern that the Court identifies several risks related to Frontex's 2019 mandate2; acknowledges the gaps and inconsistencies of the information exchange network; _________________ 2Regulation (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 17 #
2020/2167(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that the Agency did not provide information about the performance, real impact orand cost of its activities, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment), as well as the Member States’ actual contribution to the joint operations; notes that the Agency only presents costs based on estimates that can reveal significant differences; is disappointextremely concerned that the Agency’s operationalinsufficient reporting means that decision makers are not adequately informed;
Amendment 20 #
2020/2167(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the Court's finding that Frontex has not attributed sufficient importance to the role of cultural mediator, who is required to understand cultural differences and the social norms of different cultures, while inspiring confidence in those who have recently arrived at the border;
Amendment 24 #
2020/2167(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the partial recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; insists thaturges the Agency to swiftly recruits the remaining 20 fundamental rights monitors and to does so in AD positions;
Amendment 28 #
2020/2167(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. UDeeply deplores that despite repeated calls of Parliament and a significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources and is therefore clearly hampered to properly conduct the tasks that he is entrusted to; urges the Agency to provide its Fundamental Rights Officer with adequate resources and staff, in particular in relation to further developing and implementing the Agency’s strategy to monitor and ensure the protection of fundamental rights; urges the Agency’s management board to swiftly adopt the action plan to implement the updated fundamental rights strategy and improve the mechanisms for monitoring and reporting fundamental rights violations and complaints in the Agency; reminds the Agency of the importance of adhering to the Staff Regulations;
Amendment 33 #
2020/2167(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the OLAF investigation into Frontex over allegations of harassment, misconduct and migrants pushbacks is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanismindependence, effectiveness and transparency of the complaints mechanism and the role of the Fundamental Rights Officer, case OI/5/2020/MHZ, was closed on 15 June 2021, finding, among other things, a regrettable lack of transparency; notes that according to the European Ombudsman, between 2016 and January 2021 the FRO had received 69 complaints of which 22 were admissible, and that this may be explained by the lack of awareness and understanding of the complaints mechanism, the fear of negative repercussions, coupled with the fact that it is not possible to submit anonymous complaints, the stressful situation in which potential victims find themselves, and the lack of engagement by Frontex deployed officers who could play a more active role in receiving and transmitting complaints to the FRO; takes note of the European Ombudsman recommendation to improve complaints handling and follow up and the accessibility of the complaints mechanism to potential victims; 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, which was established to monitor and investigate the management and operations of Frontex, and is working on a report on the allegations of violations of fundamental rights by the Agency;
Amendment 37 #
2020/2167(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Progress Lawyers Network, Front-LEX and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 39 #
2020/2167(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; stresses that discharge for the Agency is conditional on such accountability and, transparency and fundamental rights compliance, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarification of the alleged violations of fundamental rights at the external borders and of the steps taken to avoid potential fundamental rights violations, including the measures to ensure non-repetition of such violations; deeply regrets the lack of impact assessments and evaluation before reform of the mandates of the Agency was proposed by the European Commission;
Amendment 2 #
2020/2124(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the High-Level Group of Wise Persons (HLGWP) on the European financial architecture for development released its final report on 7th October 2019 with 3 possible options to build the future European Climate and Sustainable Development Bank, as follow: a) building on the EBRD and the external financing activities of the EIB; b) pulling together the external activities of the current EU financial institutions in a new financial institution with mixed ownership; c) transferring all external activities of the EIB into an EIB subsidiary with significant other shareholders; whereas Council Conclusions of December 2019 indicated that only option a) and c) should be explored; whereas the results of feasibility studies on each options which were supposed to be delivered in Autumn 2020 are still expected;
Amendment 5 #
2020/2124(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the important role thatof the EIB, the world’s largest multilateral lender, can play; notes that despite dedicating only around 10% of its overall annual disbursements for activities outside the European Union, it can still improve its role in contributing to the Union’s development policy objectives, and in particular its potential to promote climate action, social and human rights, and to support the recovery from shocks such as COVID-19;
Amendment 8 #
2020/2124(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that as the main focus of the EIB is not development policies, strengthening its role in this field would require considerable reshuffling of business and managerial practices, and a shifted approach to risk-taking, where development outcomes take precedence over profitability; stresses that the HLGWP reports that creating a dedicated subsidiary of the EIB for development purpose would be the quickest and technically simplest option to pursue, but also the one with the highest risk of ineffectiveness and uncertainty as to the development impact;
Amendment 11 #
2020/2124(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the ‘policy first’ principle and the notion of ‘open architecture’ underpinning the European Fund for Sustainable Development Plus (EFSD+) - External Action Guarantee(EAG), which should enhance coherence and coordination among the EIB, EBRD, European Development Finance institutions (DFIs), national development agencies, the Commission and Member States in identifying investment operations that can contribute to sustainable development; is concerned about the use of EU development funds for de-risking private investment given the lack of evidence as to the capacity of this financial modality to demonstrate additionality and fulfil development objectives, as recently reported per the final review of EFSD as well as the opinion of the European Court of Auditors (No 7/2020); stresses the need for donors to prioritise grant-based financing as the default option, especially to LDCs, and not favour blending, guarantee or any loans over grants, that fall short of SDGs and could increase the burden of debt;
Amendment 17 #
2020/2124(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. As all EIB shareholders are committed to the G20 commitment to suspend the debt of 77 countries following the debt crisis linked to the COVID-19 outbreak, calls on the EIB to apply a suspension to its pending loans, to carefully assess the debt impact of its future operations, and to express public support to the creation of a multilateral debt workout mechanism to address both the impact of the crisis and the financing requirements of the Agenda 2030;
Amendment 20 #
2020/2124(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. reiterates its longstanding demands that the European Court of Auditors be empowered to audit all EIB operations, and that these audits be made public;
Amendment 22 #
2020/2124(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the EIB to maximisensure additionality and the development impact of its operations outside the Union by increasing its engagement in LDCs, enhancing the transparency of operations carried out by financial intermediaries notably thanks to the disclosure of the name of the final beneficiary, the amount received, the type of project and related environmental information, cooperating with EU delegations, and increasing its presence on the ground where necessaryith additional staff focusing on development issues;
Amendment 36 #
2020/2124(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the need for robust and publicly available ex ante impact assessments to mitigate the risks of EIB operations on human rights and on environmental, labour and social standards, and the need for regular and meaningful consultations with stakeholders, including civil society organisations; stresses that the EIB needs to deal with complaints in a transparent and effective manner ensuring that local communities have access to independent entities such as a reinforced EIB complaint mechanism with effective redress and the European Ombudsman; calls on the revision of the EIB's environmental and social standards in 2021 to address these major issues;
Amendment 42 #
2020/2124(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the EIB to engage in closer and transparent dialogue with the European Parliament, notably in the context of the EFSD+ and the ongoing discussions on the future European financial architecture for development., the future Development and climate Bank and as to the role of the EIB in this new framework;
Amendment 10 #
2020/2118(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the UN Political Declaration of the High-level Meeting on Universal Health Coverage “Universal health coverage: moving together to build a healthier world” 2019,
Amendment 13 #
2020/2118(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the World Health Assembly’s resolution on Water, sanitation and hygiene in health care facilities of 28 May 2019,
Amendment 15 #
2020/2118(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the UNCTAD Investment Policy Framework for Sustainable Development (2015),
Amendment 17 #
2020/2118(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to the UNCTAD Report “Impact of the Covid-19 Pandemic on Trade and Development. Transitioning to a New Normal (2020),
Amendment 20 #
2020/2118(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas, according to the UNCTAD special report of 2020 “Impact of the Covid-19 pandemic on trade and development: transitioning to a new normal”, the disruption caused by Covid- 19 has had real and disproportionate consequences on vulnerable and disadvantaged low-income households, migrants, workers in the informal sector, and often women, notably in developing countries, where populations are not covered by social safety nets and yet are particularly affected by soaring unemployment;
Amendment 21 #
2020/2118(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the COVID-19 pandemic has increased gender-based violence, child marriages and existing inequalities, in particular in terms of access to health services, including SRHR services, and has already reversed some of the progress made on gender equality over the last decades;
Amendment 24 #
2020/2118(INI)
Motion for a resolution
Recital A
Recital A
A. whereas development and humanitarian aid isare severely underfunded, which makes it difficult to adequately address the consequences of the COVID- 19 pandemic in developing countries, in particular in countries affected by pre- existing crises;
Amendment 34 #
2020/2118(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the COVID-19 pandemic has massively impacted access to sexual and reproductive health and rights (SRHR), in particular for women and young people due to the de-prioritization and disruption in the provision of SRHR services as well as mobility restrictions and changes in health-seeking behaviours; whereas an additional 49 million women have had an unmet need for modern contraceptives because of COVID-19;
Amendment 38 #
2020/2118(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has greatly exacerbated the existing debt problems of developing countries, further endangering their efforts at mobilizing sufficient resources to achieve the Sustainable Development Goals;
Amendment 47 #
2020/2118(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas development finance is characterised by declining level of concessionality;
Amendment 48 #
2020/2118(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas for many developing countries, the economic effects of the pandemic include huge capital outflows, commodity price drops, falls in tourism income and remittances and escalating debt service costs; whereas most African countries lack the fiscal space to respond adequately to the crisis due to low domestic saving rates, low levels of domestic resource mobilisation, high illicit financial outflows, volatile commodity prices, high fiscal deficits and stagnating official development assistance; whereas, accordingly, additional efforts in terms of debt relief is urgently needed to avoid widespread defaults in developing countries and to facilitate investments in recovery and the SDGs;
Amendment 56 #
2020/2118(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas globally, two out of five people do not have access to basic handwashing at home[1]; and whereas the lack of access to water, which is essential to reduce the spread of COVID- 19, has made containing the disease in developing countries much more challenging; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 27.
Amendment 65 #
2020/2118(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the Covid-19 pandemic highlighted the vulnerability of the global supply chain, notably in food and health, and the need to build regional value chains and boost regional integration;
Amendment 67 #
2020/2118(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas local markets and short supply chains are crucial to ensure the continuity of accessible, safe, affordable, nutritious and healthy food for all;
Amendment 72 #
2020/2118(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas official development assistance continues to represent a critical source of external finance for some developing countries, particularly those unable to attract large foreign direct investment inflows or lacking large diaspora communities; in particular, whereas Least Developed Countries and Small Island Developing States are extremely reliant on official development assistance and, to a lesser extent, on remittances, to finance their capital accumulation;
Amendment 77 #
2020/2118(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas developing countries are particularly vulnerable to public revenue leakages arising from tax-motivated illicit financial flows; whereas recent estimates of those revenue losses in Africa, Latin America and the Caribbean account for 2.3% of their GDPs; whereas, moreover, tax-motivated illicit financial flows affect revenue raising capacity most strongly in low-income and lower middle-income countries, due to the higher proportion of corporate tax in their total revenues[1]; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 56.
Amendment 81 #
2020/2118(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas UNCTAD estimates a 20% fall in remittances in 2020 compared with 2019[1], which indicates that remittances will not provide a cushion against the downturn in international financial flows to developing countries; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 57.
Amendment 90 #
2020/2118(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU’s global response to the COVID-19 pandemic, which demonstrates its ambition to lead and show solidarity with all partner countries; points out, however, that current funds are essentially reallocated from other budget lines and that the challenge of aid front-loading has to be tackled; calls, therefore, for substantial new funds to be mobilised to assist developing countries worldwide in fighting the direct and indirect consequences of the COVID-19 pandemic; urges donors to rapidly scale up official development assistance to achieve levels already committed in the past but never delivered; stresses that making safe vaccines, therapeutics and diagnostics available globally in a fast and affordable manner must be one of the first steps;
Amendment 98 #
2020/2118(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that the momentum gained from the common Team Europe approach in terms of joint analysis, joint programming and joint implementation must translate into a new standard for cooperation in the fields of humanitarian aid and development policy, both in law and in practice; highlights the importance of the Neighbourhood, Development and International Cooperation Instrument (NDICI) to ensure funding for human development, including the health sector, and calls on EU Delegations and Member States' embassies to prioritise human development and health in their joint programming;
Amendment 128 #
2020/2118(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. EUnderlines that the disruptions triggered by COVID-19 have shone a spotlight on the vulnerabilities of the global food system; in particular, highlights that countries that are both dependent on food imports and tourism revenues are expected to be among the most severely affected with regard to food security; emphasises the need to support i.e. the actions of the FAO and the WFP, as well as actions of local and international NGOs, aimed at mitigating hunger and loss of livelihood and building up resilient food systems, such as those to set up a global data facility for the provision of swift information on humanitarian needs, to provide food production assistance and access to food, to organise cash transfers and in-kind food distribution, to stabilise food systems, and to ensure the functioning of local food markets, value chains and systems while focusing on smallholder farmers by implementing sanitary measures in order to prevent the transmission of COVID-19;
Amendment 139 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the COVID-19 pandemic highlights the need for food systems transformation, notably the crucial need to develop local agriculture for local consumption; calls on the EU to promote sustainability across all aspects of food supply chains, from production to consumption, in line with the Farm to Fork strategy;
Amendment 143 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls agro-ecology’s unique capacity to reconcile the economic, environmental and social dimensions of sustainability, which has been recognised by landmark reports from the Intergovernmental Panel on Climate Change and the Intergovernmental Platform on Biodiversity and Ecosystem Services and the World Bank and FAO- led International Assessment of Agricultural Knowledge, Science and Technology for Development(IAASTD); against this backdrop, reiterates that agroecology and family farming can be positioned as a systemic solution to prevent and build resilience to future shocks; urges the EU to boost investment in agro-ecology and agro-forestry, and to gradually shift away from trade-oriented agricultural policies to local and regional markets, in line with the Green Deal and its international commitments on climate change and biodiversity;
Amendment 146 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Highlights that the “One Health” approach, which combines animal, human, and environmental health, is particularly relevant to tackle threats like COVID-19, and is critical for preventing another devastating pandemic; stresses that sustainable food systems are a core element of the One Health approach, notably since healthier diets, a key outcome of sustainable food systems, would support stronger immune systems, and thereby reduce the impact of crises like Covid-19; but notes with concern that most agricultural development funding in Sub-Saharan Africa still supports Green Revolution approaches, where the use of public finances to unlock private investment opportunities (e.g. PPPs, blended finance models) mostly target export commodity production and agropoles, and is increasingly conducive to food system industrialisation, while smallholders, and particularly women, struggle in the meantime to access credit;
Amendment 148 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Urges the European Union to renew its financial and political commitments to end malnutrition in all its forms at the 2021 Nutrition for Growth summit as its current financial commitment ended at the end of 2020;
Amendment 149 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Stresses that the COVID-19 crisis has amplified profound fault lines in the functioning of global value chains (GVCs) and exposed the fragility of a model characterized by high interdependencies between leading firms and suppliers located across several continents; in light of this, stresses the need to support endogenous development, based on domestic production (rather than an export-led growth model); and considers that economic diversification is key for developing countries to move towards a more sustainable and resilient economic model;
Amendment 153 #
2020/2118(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that global extreme poverty is expected to rise dramatically in 2020 for the first time in over 20 years, with the COVID-19 pandemic compounding the forces of conflict and climate change and having a particularly hard impact on informal and migrant workers (who represent one quarter of the global workforce), the tourism sector and Latin American and Caribbean economies, Caribbean and African economies; notes with concern that the International Labour Organisation (ILO) indicates that globally about 50% of countries have had no social protection responses to the crisis[1]; highlights, against the backdrop of this extreme crisis, the importance of universal social protection, labour programmes and social dialogue; asks the Commission to work out strategies with partner countries for the economic recovery and job creation and for improving social security systems; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 27.
Amendment 165 #
Amendment 168 #
2020/2118(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises that refugees and forcibly displaced people are among the most vulnerable people in the world and, due to the massive and complex emergency they were already facing before Covid-19, they are disproportionately affected by the impact of the pandemic crises;
Amendment 170 #
2020/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to address the specific needs of refugees, migrants and Internally Displaced Persons (IDPs) upholding the guiding principle of public health networks of leaving no-one behind and refraining from blockingcontributing to facilitating access to front-line humanitarian workers from havingto ensure direct contact with the migrants, IDPs and refugees they serve; recalls with concern that refugees, migrants and IDPs are among the most vulnerable populations facing this health crisis, as they are often confronted with precarious living conditions and may face more difficult access to basic health services than local populations; stresses the absolute need for equal access to COVID-19 treatment, and other health services and safety net programmes for all affected people, regardless of nationality, migrant/refugee/IDP status, origin, sex, gender identity or any other characteristic in order to avoid them being disproportionately affected by the pandemic and to avoid their further stigmatisation;
Amendment 184 #
2020/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CUnderlines that development aid should primary be dedicated to deliver - “horizontal” - universal health care system coverage through a holistic and rights-based approach, which entails i.a. to fully address the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty), along the line of “One Health” approach; in particular, calls for the revision of proposed or existing strategies and partnerships with the aim of further strengthening health systems in partner countries, in particular as regards preparedness for pandemics and the organisation and management of health systems, including the provision of universal healthcare (including mental health), health monitoring and information, training of medical staff, diagnostic capacity and medicine supply;
Amendment 220 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that traditional medicine is culturally entrenched, accessible, and affordable, and serves as a primary source of healthcare for more than 80% of the population across the African continent; stresses the need to harness the potential contribution of traditional and complementary medicines to provide traditional medical therapies that are affordable and safe for public health, including to face important sanitary crises such as COVID-19; encourages African governments to give formal recognition to traditional medicine to create an enabling environment for its practice in its health systems;
Amendment 223 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that a more equitable distribution of vaccines around the globe is essential to combat effectively the spread of the COVID-19 and its mutation; recalls equally that COVID-19 medical tools should be affordable, safe, effective, easily administered and universally available for everyone and everywhere to be considered a “global public goods”;
Amendment 224 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Reaffirms that the Human Right to Health takes precedence over the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); recalls the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to use to the full the flexibility provisions in the TRIPS Agreement to protect public health and, in particular, provide access to medicines for all; urges the EU to support third countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in the TRIPS agreements, such as compulsory licencing and parallel imports, in order to remedy abusive use of intellectual property protections that lead to monopolistic positions of patent holders; in addition, calls on the EU and its Member States to support the call for a waiver by India, South Africa, Kenya and Eswatini on the implementation of some provisions of the WTO’s TRIPS Agreement, namely covering copyright, industrial designs and undisclosed information, for combating the COVID-19 pandemic, with a view to facilitating an effective technology transfer for COVID-19 related vaccines, therapeutics or diagnostic tests and ensure global access to these products;
Amendment 228 #
2020/2118(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the especially severe consequences of COVID-19 lockdowns and quarantine measures and the collateral damage that has been suffered by women, girls and children, in particular the rise in gender-based violence and limited access to health services, including SRHR services, but also the exposure of women to COVID-19 due to their disproportionately high representation in the global health workforce and the informal working sector which is prominent in developing countries; highlights that, also within the EU, in particular women from diaspora communities tackle negative effects on their own livelihood and context-sensitive investments via remittances towards developing countries; calls for action to counterbalance the disproportionate care burden borne by women and any potential roll-backs in safety, health, emancipation, economic independence and empowerment, and education, through specific programmes such as the spotlight initiative and by re- focusing European support; calls on stepping up efforts to better prevent and address domestic violence through relevant services such as the provision of lifesaving medical treatment, social and psychological support, access to sexual and reproductive health services and legal representation for the victims; calls for meaningful participation of women in the decisions that impact their health and working lives; underlines the need to include the gender perspective in the EU’s COVID-19 response, to advocate for inclusive decision-making bodies and collect sex- and age-disaggregated data for gender analysis;
Amendment 237 #
2020/2118(INI)
6a. Reminds that the economic and social effects of the pandemic are proving to disproportionately affect women and risk reversing decades of progress on gender equality and women’s empowerment; to address this challenge and ensure a sustained recovery, urges the EU and its Member States to upgrade its external support to i.e. enhancing the voice and participation of women in decision-making processes; improving education and training for women; removing discrimination in access to credit and enacting laws against gender- based violence;
Amendment 240 #
2020/2118(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, since the beginning of the COVID-19 crisis, many governments have used the emergency to justify placing restrictions on democratic processes and the civil space and to oppress minorities; in particular, condemns censorship, arrests and intimidation of journalists, opposition figures, healthcare workers and other individuals for criticizing governments including their crisis management; more broadly, draws attention to the growing negative impact of COVID-19 on all human rights, democracy and the rule of law and calls, therefore, for the strengthening of aid, political dialogue and support for institution-building in all these fields, with particular attention to human rights defenders and civil society activists;
Amendment 247 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the consequences of a combined health pandemic and a global recession will seriously undermine the capability of developing countries to achieve the SDGs, notably by least developed countries (LDCs); reminds the UN’s call for a $2,5 trillion coronavirus crisis package for developing countries which face unprecedented economic damage from the COVID-19 crisis; calls for a far-reaching policy response based on the core Agenda 2030 principle of ‘leaving no one behind’;
Amendment 251 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Notes with concern that public indebtedness in the global south was already at unprecedented levels before COVID-19, which resulted in an increasing portion of public budget being used to service external debts, thereby affecting the capacity of governments to adequately fund and deliver basic public services; is alarmed that the current crisis has exacerbated these pre-existing debt vulnerabilities, notably in a context where financial support for developing countries to tackle the pandemic is being provided principally in the form of new loans; reminds that developing countries have relatively greater health and social protection expenditure requirements due to their weaker health systems and response mechanisms; consequently, they require greater external liquidity support in foreign currencies to pay for vital imports, while also servicing their outstanding debt obligations; accordingly, stresses the need to raise IMF Special Drawing Rights to provide liquidity to developing countries;
Amendment 253 #
2020/2118(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes, as a first step, the temporary suspension of debt service payments for the poorest countries announced by the G20 and joins the call on private creditors to follow suit; underlines that the magnitude of the economic and social crisis in the developing world requires more profound and far-reaching measures and encourages the Commission to support international efforts in this regard; considers that interest saved thanks to this suspension should instead be invested in the health sector, which is often severely underfunded in developing countries; ; believes, however, that the G 20 Debt Service Suspension Initiative (DSSI) falls short of the effort needed to respond to the magnitude of the economic and social crisis in a context where multilateral and commercial debt are excluded from debt service suspension for all countries, while many middle- income countries at risk are entirely excluded from the initiative; stresses the need to secure the participation of all creditors, including the World Bank and other multilateral development banks, as well as private creditors, in the DSSI and any further debt relief offers; and encourages the Commission to support international efforts in this regard; considers that interest saved thanks to this suspension should instead be invested in the health sector, which is often severely underfunded in developing countries; in addition, calls for an urgent upscaling of ODA as part of a more comprehensive systemic multilateral response, considering that short-term measures will not suffice to avoid defaults and to facilitate investments in recovery and the SDGs; more broadly, calls for the creation of a multilateral debt workout mechanism, under UN auspices, to address both the impact of the crisis and the financing requirements of the Agenda 2030; believes that steps should also be taken towards agreement on binding rules on responsible sovereign lending and borrowing in order to support improved debt crisis prevention;
Amendment 259 #
2020/2118(INI)
14. Points out that the budgets of many developing countries were already out of balance before the crisis and that too little funding was allocated to crisis prevention, health systems and social protection; calls on the Commission to take new initiatives to tackle the problems of illicit financial flows, tax evasion and tax fraud in order to improve the tax bases of developing countr (notably tax-motivated illicit financial flows originating from cross- border operations by multinational enterprises), tax evasion and tax fraud in order to improve the tax bases of developing countries; to this end, urges the EU to ensure that its trade, double taxation and investment agreements are consistent with the objective of domestic resource mobilisation of ACP countries and translate into tangible and sustainable development outcomes, in line with the principle of Policy Coherence for Development, as enshrined in Article 208 of the Lisbon Treaty; more broadly, calls for the setting-up of a global tax body at the UN level to help coordinating tax policies; calls, furthermore, for budget support to be directed towards universal basic services, notably access to basic health, water and sanitation services, and resilience;
Amendment 263 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes with concern that over the past few years, the level of concessionality of ODA has gradually decreased for developing countries in general and for LDCs in particular, although concessionality is of particular importance for LDCs to prevent an unsustainable debt burdens; stresses the need for donors to prioritize grant-based financing, especially to LDCs;
Amendment 265 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that the Commission still foresees a prominent role for blending mechanisms in EU development policy, at the expense of other aid modalities; stresses that while blended finance has grown rapidly, there is little evidence of its development impact, as most blended finance currently goes to middle-income countries, with only a small portion going to LDCs; recalls equally that blending raises concerns in terms of debt sustainability; accordingly, calls on the EU and its Member States to adopt a cautious approach to blended finance and ensure that all finance mobilised through blending meets development effectiveness principles;
Amendment 266 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Highlights that reduced inflows of remittances in developing countries will worsen the living conditions of households that rely on this source of income to finance the consumption of goods and services such as food, health care and education; therefore, urges the EU and the donor community to take decisive action to fulfil their promise to contribute to reducing the cost of remittance fees to close to zero, and at minimum to the 3%, as called for in SDG 10;
Amendment 272 #
2020/2118(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the fact that the COVID-19 pandemic has led to unprecedented numbers of pupils missing out on months of schooling, constituting a major set-back to efforts in the education sector especially with regard to girls’ and women’s education; urges governments to use school closures only as a measure of last resort in the fight against the pandemic; presses for education to be kept as a spending priority in EU development policy and for due consideration to be given to the social function of schools; urges governments, in this context, to prioritise support for the most marginalised children and their families; stresses that the most at-risk children, especially those with disabilities and living in conflict- affected areas, are those hardest hit by this pandemic; underlines that the pandemic leads to a heightened risk of violence, exploitation and abuse, as well as to dramatic consequences on children’s health and protection; recommends that EU countries share their approaches to keeping up teaching even in times of crisis and asks the EU and its Member States to exploit the potential of remote and digital learning in their international support programmes;
Amendment 294 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that global recovery can only occur if immediate responses are planned with perspectives towards mid to long-term solutions that include preventive measures and better prepare communities for future crises;
Amendment 295 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Reminds that resilience is ultimately about both general preparedness and the ability to adapt to new circumstances; recalls, in this context, that communities that lead their own solutions tailored to their particular context are more engaged throughout recovery, ultimately rebuilding stronger; stresses that overcoming this crisis in solidarity with our partners will strengthen and render more resilient the relations between the EU and developing countries;
Amendment 297 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Emphasises the crucial role of humanitarian NGOs in supporting communities to sustain themselves both during and beyond the pandemic in order to prevent an increasing erosion of livelihoods, to protect social cohesion, and to mitigate the worst consequences of the crises;
Amendment 303 #
2020/2118(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that pandemics are often of zoonotic origin; underlines, therefore, the need to support education programmes regarding the dangers of hunting and trading in wild animals as well as the stricter protection of ecosystems and habitats and to address challenges posed by industrial farming;
Amendment 312 #
2020/2118(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that developing countries are historically vulnerable to external shocks owing to narrow export bases and less diversified economies; therefore, stresses that one of the main challenges for developing countries is to climb up the global value chain through economic diversification and to shift from an a export-oriented production model towards development based on domestic and regional markets; to this end, emphasises the crucial role of regional economic cooperation, industrial domestic policy and investment promotion to increase national or regional autonomy in the production of essential goods and services; against this background, finds it essential to harness financing and business practises, with a view to promote the integration of sustainability standards along the entire investment chain; reiterates that corporate human rights and environmental mandatory due diligence is a necessary condition in order to prevent and mitigate future crises and ensure sustainable value chains;
Amendment 317 #
2020/2118(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses the need to safeguard sufficient regulatory space in international investment agreements to protect public health and to minimize the risk of investor-State dispute settlement proceedings, with regard to claims related to government measures targeting the health-related, economic and social dimensions of the pandemic and its effects;
Amendment 318 #
2020/2118(INI)
18c. Underlines that the COVID-19 pandemic has increased the demand for medical goods and personal protective equipment, which led to a surge of export- restricting measures taken up by global suppliers of medical and other essential goods; points out that small and lower- income countries, with their high dependence on open trade, had to bear the brunt of export restrictions on essential goods and some abusive business practices; against this background, insists that the EU refrains from adopting a trade policy that prohibits, as a general rule, ACP countries from levying export taxes on raw material insofar as it is WTO-compatible, notably for industrial development and environmental protection purposes;
Amendment 322 #
2020/2118(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that implementation of the humanitarian-development-peace nexus has to be a priority in the programming of the NDICI in fragile countries; calls on the Commission’s DG ECHO and DG DEVCO to implement complementary programmes suited to local contexts and local opportunities, whenever possible, in order to mutually reinforce the different aspects of the nexus taking full consideration of each actors mandate and obligations, including humanitarian principles and International Humanitarian Law;
Amendment 327 #
2020/2118(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the need to work alongside local communities and local civil societies in the definition and implementation of the response; emphasises the role of the European Solidarity Corps in supporting CSOs on the ground to provide assistance to people in need;
Amendment 1 #
2020/2045(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 208, 210, 214 and 314 of the Treaty on the Functioning of the European Union,
Amendment 2 #
2020/2045(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Article 21 of the Treaty on European Union,
Amendment 3 #
2020/2045(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to the EU Charter of Fundamental Rights,
Amendment 4 #
2020/2045(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to Council Regulation(EC) No 1257/96 on humanitarian aid,
Amendment 5 #
2020/2045(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Commission communication of 18 November 2011 on the Global Approach to Migration and Mobility (GAMM) (COM(2020)0743),
Amendment 7 #
2020/2045(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
— having regard to the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration (COM(2016)0385),
Amendment 8 #
2020/2045(INI)
Motion for a resolution
Citation 4 d (new)
Citation 4 d (new)
— having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609),
Amendment 9 #
2020/2045(INI)
Motion for a resolution
Citation 4 e (new)
Citation 4 e (new)
Amendment 10 #
2020/2045(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the new European Consensus on Development of 30 June 2017,
Amendment 11 #
2020/2045(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
— having regard to the Commission Staff Working Document of 30 April 2014 on a rights-based approach, encompassing all human rights for EU development cooperation(SWD(2014)0152),
Amendment 12 #
2020/2045(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the Consensus on Humanitarian Aid of 30 January 2008,
Amendment 13 #
2020/2045(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to its resolution of 25 March 2021on a new EU-Africa Strategy – a partnership for sustainable and inclusive development,
Amendment 17 #
2020/2045(INI)
Motion for a resolution
Recital A
Recital A
A. whereas four EUTFs have been established since 2014 to respond to the need for flexible and quick instruments to provide a coherent and reinforced aid response to crises: the Bêkou EUTF, established on 15 July 2014, with the objective of supporting all aspects of the Central African Republic’s exit from crisis and its reconstruction efforts; the Madad EUTF, a European Union Regional Trust Fund in response to the Syrian crisis to allow for pooling and tailoring resources and response at a regional level, established on 15 December 2014; the Africa EUTF, a European Union Emergency Trust Fund for stability and addressing the root causes of irregular migration and displaced persons in Africa, established on 12 November 2015; and the Colombia EUTF, established on 12 December 2016 to support the implementation of the peace agreement in the early recovery and stabilisation post- conflict;
Amendment 21 #
2020/2045(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the revision of the Financial Regulation in 2018 rejected the European Commission’s proposal to expand the scope and the role of the EUTFs and introduced provisions strengthening Parliament’s scrutiny powers when new EUTFs are established or the current ones are extended; whereas such provisions remain too limited to ensure full democratic scrutiny from the European Parliament as well as complete Parliamentary scrutiny from the budgetary authority;
Amendment 24 #
2020/2045(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas existing legal, regulatory and budgetary solutions should have been used to the full extent before creating and/or extending the EUTFs which should remain a last resort instrument; whereas the Commission has not sufficiently presented the added value of EUTFs in the medium and long-run;
Amendment 25 #
2020/2045(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament issued positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021 underlining the Commission’s repeated reassurances that such extension requests concerning the Trust Funds are the last and final ones; whereas, in such opinions, Parliament reminded that the EUTFs are established under the Development Cooperation Instrument, and must be aligned to the primary objective of the development policy of the European Union, which remain “the fight against poverty” and stressed furthermore that the respect for human rights, fundamenta l freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EUTF;
Amendment 28 #
2020/2045(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 37 #
2020/2045(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Article 208 TFEU clearly states that the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty;
Amendment 55 #
2020/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with concern that there are shortcomings in the application of EU public procurement law with regard to the EU’s external migration policy; considers that provisions in Article 3 of the Decision C(2015) 7293 establishing the EUTF for Africa, as well as humanitarian aid projects funded via the Madad Fund and the FRT are incompatible with or exempted from EU public procurement law; stresses the lack of transparency regarding the application and scope of public procurement law procedures in the selection of implementing partners; deplores that procedures and criteria for selecting projects are not sufficiently clear or documented; calls for the simplification and better communication regarding applications to procurement procedures in order to facilitate access to EU funding for smaller and local NGOs;
Amendment 63 #
2020/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes furtherregrets that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds;
Amendment 69 #
2020/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Continues to expresse serious concerns over the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s request to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
Amendment 71 #
2020/2045(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to regularly report to Parliament on the implementation and programming for EUTFs and FRT and calls for a specific impact assessment covering their human rights impact to be carried out by the European Commission, with the support of the Fundamental Rights Agency; calls on the Commission to timely present the result of such impact assessment to the European Parliament, including within the framework of the working groups on external financial instruments of the Committee on Foreign Affairs and the Development Committee;
Amendment 73 #
2020/2045(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Believes that Parliament must make full use of its powers of scrutiny of implementation and budgetary control and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
Amendment 78 #
2020/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data, including specific details of projects funded and results achieved vis-a-vis the stated objectives, on the web pages of the EUTFs and the FRT;
Amendment 86 #
2020/2045(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the Bêkou Trust Fund has partially proven its value as an importantone of the tools to address the post-conflict situation in the Central African Republic (CAR); notes that the EUTF made a major contributioned to the nexus approach of development and humanitarian needs in the CAR;
Amendment 90 #
2020/2045(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. NoteHighlights the conclusions by the European Court of Auditors, published in its 2017 special report, that the Bêkou Trust Fund has had positive achievements overall and has attracted aid, but few additional donors, and that most of its projects have delivered their expected outputs and provided enhanced visibility to the EU; considers therefore that the Bêkou Trust Fund missed one of its primarily objectives;
Amendment 92 #
2020/2045(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the presence of conflicts of interest reported by the European Court of Auditors, with Member States in the Operational Committee of the Bêkou trust fund being represented by their own national development agencies, which in turn are selected as project implementers and lead on the largest projects, while NGOs are awarded smaller ones;
Amendment 96 #
2020/2045(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the emergingdue to the new security challenges in the CAR will require well- targetedstill ongoing in the CAR further EU support will require well- targeted programmes, and where relevant, flexible EU supportfunding, both under the NDICI-Global Europe to enhance peace and security, democratisation and strengthening democratic institutions in the CAR and to evaluate better the impact of the EU support on ongoing conflicts and populations on the ground;
Amendment 107 #
2020/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the importance of continuous support for refugees, internally displaced persons and for vulnerable host communities, both inside Syria andincluding in the wider region, affected by the continued conflict, by means of a mix of longer-term, predictable, fully transparent, and rapidly deployable funding under instruments established for the 2021- 2027 multiannual financial framework (MFF) and potential contributions from the Member States as external assigned revenue, taking into account all financial instruments provided under the Financial Regulation;
Amendment 113 #
2020/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsiderNotes that the Trust Fund for Africa represents an important tool to providewas created as an emergency trust fund to contribute to address the crises in three regions in Africa, with the aim of achieving long-term stability and development goals; considers that the EUTF for Africa represents a swift, and flexible and targeted response to emerging challenges and underlines thattool, highlights however that, considering the unprecedented challenges that it aims at addressing, including common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than everits design should have been more focused; deplores that the Commission has not defined which particular crises (e.g. per regions, per countries, the causes and impact on stability) the EUTF for Africa is meant to address and instead established very broad objectives which have allowed for flexibility, at the expense of having a strategy that is focused enough to steer action across the three windows and supports the measuring and reporting on results;
Amendment 123 #
2020/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has in some cases contributed to the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF, by better linking humanitarian assistance and development cooperation to anticipate, prepare for and respond to crises and disasters, man-made or natural; recalls that as a fundamental principle, humanitarian assistance must be independent and dissociated in particular from security or stability agendas;
Amendment 125 #
2020/2045(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Deplores the fact that 37% of the EUTF is allocated to measures intended to restrict and reduce migration while less than 9% is allocated to addressing the drivers of migration and forced displacement; notes that there is no long- term assessment of the consequences of the measures on migratory routes and the security situation; notes with concern that the EUTF for Africa has financed operations which affect human rights and counter the aims of development aid, such as the “Support to integrated border and migration management in Libya” or the ‘Road Project’ (“Reconnecting Eritrea and Ethiopia through rehabilitation of the main arterial roads in Eritrea”) using forced labour in Eritrea;
Amendment 133 #
2020/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WelcomNotes the generally strong degree ofpotential for local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa; calls on the Commission to actively engage with local authorities and CSOs in order to fully make use of this potential of local ownership;
Amendment 143 #
2020/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 153 #
2020/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the Trust Fund for Colombia has proven its value and represents, under the current circumstances, an important tool to support the implementation of the peace agreement between the Colombian Government and the Revolutionary Armed Forces of Coluombia (FARC); points out that the extension of the Colombia EUTF has further reaffirmed the EU’s commitment and provided much-needed support to the Colombian peace process; calls however, for the implementation of the Colombian peace process to be prioritised as part of long- and medium-term, fully transparent funding programmes and monitoring, and for these programmes to count with the appropriate democratic scrutiny and involvement of the European Parliament and appropriate, transparent and inclusive stakeholder consultations, notably of the local civil society;
Amendment 160 #
2020/2045(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls the important role played by Turkey in welcoming refugees from Syria; takes the view that the EU should continue to give the necessary support to Syrian and other refugees and host communities in Turkey; calls for a fully- fledged human rights impact assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with fundamental rights as part of its implementation;
Amendment 174 #
2020/2045(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its deep regret that Parliament was not formally consulted or asked to give its approval to the creation or extension of this Facility and was only involved as one arm of the budgetary authority, thereby undermining the democratic accountability of the FRT; affirms that it should not be confronted with this situation again;
Amendment 178 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Recalls the serious concerns about the implementation and the transparency in the use of funds of the Refugee Facility; notes, that whether implemented by the Government or local authorities or NGOs, the funds have to be exclusively used for accommodating all physical and psychological needs of refugees, including housing, food, education and guaranteeing a decent living standard; stresses the importance of a transparent implementation and the approval of the Turkish Parliament's in case funds are implemented through the government or local authorities; recalls the necessity of scrutiny of the funds implemented by the Turkish government and the local authorities;
Amendment 181 #
2020/2045(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Is concerned by several reports of expulsion and return of migrants and refugees, raising concerns in relation to the respect of the principle of non- refoulement, especially with regard to Syrian nationals, as well as to those who have been returned to a third country without having been granted access to asylum procedures; urges the Commission to ensure a close monitoring of the implementation of the EU-Turkey Statement, including in relation to the human rights situation of asylum seekers and migrants returned to Turkey as part of the EU-Turkey Statement and report back to Parliament;
Amendment 187 #
2020/2045(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUcalls on both Turkey and the EU not to instrumentalise concerns of migration management and refugees reception for broader political purposes; Calls on the Turkish authorities to grant full access to UNHCR to the removal centres at the Turkish Syrian border to be able to monitor the respect of the principle of non-refoulement;
Amendment 215 #
2020/2045(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the necessity of better addressing, in the long-and medium-term, the funding needs in situations of protracted crisis and with a view to the coordination and transition between humanitarian relief, reconstruction and development in a flexible and interconnected manner, while respecting the fundamental principles of humanity, neutrality, impartiality and independence at the heart of humanitarian action, as set in the European Consensus on Humanitarian Aid and the Humanitarian Aid Regulation;
Amendment 240 #
2020/2045(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. ReiteratesWhile noting that the Financial Regulation allows for the creation of Trust Funds for external action, reiterates further Parliament’s long- standing insistence that external assistance be financed in full from the Union budget and be implemented in a coherent way, following a streamlined set of rules, based on co-legislated instruments and in full respect of the EU Treaties, in particular Article 208 TFEU, and of Parliament’s legislative, budgetary and monitoring prerogatives, and of the principles of accountability, transparency, effectiveness and sound budgetary management; calls on the Commission to delete the EUTF- related articles in the Financial Regulation in the next revision of the Financial Regulation;
Amendment 245 #
2020/2045(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency and participatory mechanisms for civil society and stakeholder consultations, including by establishing a clear overview of the funds used to finance cooperation with third countries, including in the field of migration management, across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget;
Amendment 247 #
2020/2045(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. ExpectsCalls on the Commission to fully and primarily make use of the possibilities afforded by the programme-based approach under the geographic pillar of the NDICI-Global Europe and IPA III, complemented by global thematic programming,; insists that the rapid response funding and the large unprogrammed reserveemerging challenges and priorities cushion under the NDICI- Global Europe be targeted at well-defined emergency situations in coherence and consistency with all programmes and actions, to allow for proper monitoring and reporting on the results of EU’s intervention;
Amendment 251 #
2020/2045(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Recalls that the funds from the Emerging challenges and priorities cushion under the NDICI-Global Europe are expected to top-up funding from the geographic, thematic programmes and rapid response actions; underlines that the Commission has committed to discuss the use of these funds as part of the geopolitical dialogue with the European Parliament, and to provide detailed information before their mobilisation, whilst fully taking into consideration the remarks of the European Parliament on the nature, objectives and financial amounts envisaged;
Amendment 254 #
2020/2045(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increased flexibility and responsiveness, allowing itwhile learning from past experiences and assessments of the existing trust funds, allowing it, when relevant, to continue and adapt their activities of the existing Trust Fundswithin the objectives of the Regulation and thereby safeguard the unity of the Union budget;
Amendment 263 #
2020/2045(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. In the event of greater needs in the MFF 2021-2027, advocates increasing the NDICI-Global Europe envelope through a revision of the MFF and the NDICI-Global Europe regulations, or a strengthening of the relevant NDICI-Global Europe budget lines with contributions in the form of external assigned revenue; stresses that, should a need for a duly justified new Trust Fund nevertheless arise, itany flexible funding mechanism established in the framework of the NDICI-Global Europe should comply with the thematic spending targets defined in the Regulation; insists that Parliament must be fully involved from the very outsin the potential transition process of existing Trust Funds towards the NDICI from the very outset; calls on the Commission not to create any new trust fund or equivalent mechanism outside of the Union budget;
Amendment 269 #
2020/2045(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to prioritiseconsider the nexus approach in the implementation of the NDICI-Global Europe, and calls for the cooperation between EU humanitarian and development actors in compliance with the principle of independence of humanitarian aid, notably in post-crisis settings and in protracted crises, to be increased in order to better adapt to local needs and deliver more efficient results;
Amendment 271 #
2020/2045(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of NDICI; notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
Amendment 275 #
2020/2045(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Notes that NDICI-Global Europe foresees mid-term and final evaluations and the detailed annual reporting by Commission to Parliament and Council on the ongoing activities, results delivered, effectiveness, as well as progress towards the thematic targets and objectives of the Regulation; calls on the Commission to develop and implement a precise methodology for tracking the 10% expenditure earmarked for migration and forced displacement to effectively ensure proper transparency and accountability regarding this expenditure, as required by the Regulation;
Amendment 277 #
2020/2045(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes thatWelcomes the close-to-ground decision-making procedure and, adaptation to the local realities of the EUTFs and the FRT is of high added value, and needs to be mainstreamedand the possibility to implement cross-border and multi-year funded projects in the EUTFs and the FRT; calls for mainstreaming such aspects in the future programming exercises linked to budgetary instruments for EU external policy;
Amendment 285 #
2020/2045(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugees;
Amendment 286 #
2020/2045(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Reiterates that the EU has a global responsibility in hosting a fair share of people in need of international protection; stresses that financial assistance to third countries for the reception of refugees can under no circumstances substitute this responsibility;
Amendment 6 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 19 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,1a _________________ 1a Texts adopted, P9_TA(2021)0089
Amendment 59 #
2020/2035(INL)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the Fundamental Rights Agency’s ‘EU LGBTI Survey II: A long way to go for LGBTI equality',1a _________________ 1a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2020-lgbti-equality-1_en.pdf
Amendment 63 #
2020/2035(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the first objective of the Union’s Gender Equality Strategy 2020- 2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the Union’s LGBTIQ Equality Strategy recalls that everyone has a right to safety, be it at home, in public or online;
Amendment 71 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men, in sexism and gender norms and stereotypes, which have led to domination over and discrimination against women by menand girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;
Amendment 85 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and LGBTI persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with, and inseparable from, offline violence because they can precede, accompany or continue them;
Amendment 103 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas cyber harassment, cyber stalking, cyber bullying, trolling, online hate speech, flaming, doxxing, dead- naming and image- based sexual abuse are among the most common types of gender- based cyberviolence; whereas some Member States have adopted specific legislation on some of those particular forms only;
Amendment 108 #
2020/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas hate speech against LGBTI persons is pervasively common, in particular online, and legislation is notably absent from some Member States’ legislative framework to prevent, address and sanction such forms of online abuse; whereas, at present, 15 Member States do not include gender identity in hate speech legislation; whereas the Commission has proposed to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 130 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminationtargeting of LGBTI persons is often on the grounds of their gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities, with disabilities, as well as lesbian, bisexual, transgender and intersex women, and can exacerbate the consequences of gender- based cyberviolence;
Amendment 144 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women and LGBTI persons, such as politicians, women in public positions, journalists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 186 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Commission’s commitments under the LGBTIQ Equality Strategy 2020-2025 concerning hate speech online, and the proposal to extend the list of ‘EU crimes’ under Article 83(1) TFEU to cover hate crime and hate speech, including when targeted at LGBTIQ people;
Amendment 190 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many LGBTI persons were forced to be confined with family members, legal guardians or co-habitants who harassed, abused or exposed them to violence; calls on Member States to increase the assistance they offer through specialised shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 248 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, caused by cyberviolence, can have an impact on mental health and may lead to self-harm and suicidal ideation;
Amendment 285 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that gender norms and stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education, awareness-raising campaigns and the promotion of the representation of women in the sector;
Amendment 289 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that the labelling of LGBTI persons as an ‘ideology’ is spreading in online and offline communication and the same is true with regard to ongoing campaigning against so-called ‘gender ideology’ or in favour of ‘anti-gender movements’; highlights that LGBTI activists are often the targets of defamation campaigns, online hate speech and cyberbullying and abuse due to their advocacy work for LGBTI equality;
Amendment 351 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately. The scope should encompass gender-based violence against LGBTIQ persons, who are targeted because of their gender, gender identity, gender expression or sex characteristics.
Amendment 358 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, dead-naming, identity theft);
Amendment 363 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist, transphobic or interphobic hate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusing women for expressing their own views and for turning away sexual advances, inciting to hatred against individuals on grounds of their gender identity, expression or sex characteristics);
Amendment 373 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – introductory part
Annex I – Recommendation 3 – paragraph 1 – introductory part
Member States should implement a series of measures in order to prevent gender- based cyberviolence, having an intersectional approach:
Amendment 376 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender norms and stereotypes, while promoting responsible behaviour on social media and increasing literacy about the safe use of the internet;
Amendment 428 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and, girls and LGBTI victims (exploiting specific characteristics, vulnerabilities of women and girl, girls and LGBTI persons online);
Amendment 1 #
2019/2213(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Council to finalise its negotiating mandates on the new multiannual financial framework (MFF) and the Neighbourhood, Development and International Cooperation Instrument (NDICI); calls for higher spending targets of at least 50% for climate and additional at least 10% for biodiversity for the next MFF;
Amendment 3 #
2019/2213(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a Recalls that, Article 2-1(c) of the Paris Agreement compels Parties to “make financial flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development”; Calls for the following article to be inserted into the MFF-OR regulation to enshrine in law the do-no harm principle, in line with the political declarations of all three institutions: Projects financed by the EU budget shall be screened to determine if they have an environmental, climate or social impact and if so, shall be subject to climate, environmental, including biodiversity, and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimension. For that purpose, entities requesting financing shall provide adequate information based on mandatory guidelines to be developed by the Commission. The Commission shall be empowered to adopt those guidelines in the form of a delegated act, taking fully into account the criteria established by the [Regulation on the establishment of a framework to facilitate sustainable investment] for determining whether an economic activity is environmentally sustainable, and in line with EU climate objectives. Projects that are inconsistent with the achievement of the objectives of the Paris Agreement with a pathway compatible with the objective of limiting global warming to under 1.5°C shall not be eligible for support under the EU Budget.
Amendment 4 #
2019/2213(BUD)
2. Stresses that Parliament’s first reading position on the NDICI was adopted on 4 March 2019, and its mandate regarding the NDICI was reconfirmed on 8 October 2019; recalls that the Parliament’s position calls for a contribution of 45% of the overall financial envelope of the NDICI to climate objectives, environmental management and protection, biodiversity and combatting desertification, of which 30% of the overall financial envelope should be dedicated to climate change mitigation and adaptation;
Amendment 5 #
2019/2213(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a Calls for all horizontal guidance on climate and biodiversity proofing that should guide development related policy planning documents for the next MFF;
Amendment 8 #
2019/2213(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a Calls for all infrastructure investments with an expected lifespan of more than 5 years to be in line with the National Climate and Energy Plans, and in their planning prioritize energy efficiency measures (Energy Efficiency First Principle) and the consideration of specific decarbonisation pathways compatible with the objective of limit global warming to under 1.5°C as well as resilience to adverse climate change impacts. Calls for the integration of all 3 scopes of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration to avoid stranded assets;
Amendment 87 #
2019/2206(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum in full respect of the fundamental right to safety and protection of asylum seekers;
Amendment 137 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 138 #
2019/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 157 #
2019/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin procedures provided by the European Asylum Support Office (EASO) in the hotspots; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedapplicant understands; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources;
Amendment 165 #
2019/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the most vulnerable, such as LGBTI persons;
Amendment 171 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that the Dublin III Impact Assessment study undertaken by the EPRS notes that non-refoulement and human rights abuses are reason enough to suspend a transfer even when the destination country does not present systemic problems;
Amendment 173 #
2019/2206(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes with concern that LGBTI persons can be subjected to discrimination and violence in countries deemed ‘safe’, thus rendering their claims for asylum entirely legitimate in such circumstances; further notes that fast-track procedures and list of 'safe countries' should not unduly affect asylum claims of vulnerable groups, such as LGBTI persons; recalls that the application of fast-track procedures and lists of safe countries should be consistent with the principle of non-refoulement and fundamental rights of the most vulnerable;
Amendment 176 #
2019/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detention; by ensuring they are not subjected to detention; calls on the Members States and the Commission to clarify a ‘significant risk of absconding’ in the context of Dublin III and application of detention towards vulnerable groups; calls on the Member States to take into consideration the specific needs of LGBTI persons in detention and to ensure they benefit from protection from inhuman or degrading treatment arising from facility staff and/or other detainees; recalls that transgender persons’ right to health, namely in accessing hormonal replacement therapy, must be upheld in detention as a means to prevent their further exposure to discrimination and/or violence arising from staff and/or other detainees;
Amendment 186 #
2019/2206(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to adequately train asylum officers regarding the needs of the most vulnerable, such as LGBTI persons, and to ensure interviews are conducted in settings favourable to the full disclosure of crucial information to prove the validity of the claim; notes with concern that some LGBTI asylum-seekers may not feel initially comfortable with disclosing their sexual orientation or gender identity because of previous negative interactions with authorities in the country of origin;
Amendment 202 #
2019/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secondary movements as essential in orderprovide access to information in a language that the applicant understands and efforts to creduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonisedate safe environments to disclose personal information necessary to prove the validity of the claim as essential in order to reduce the number of transfer requests;
Amendment 218 #
2019/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that in some cases the rules on transfer of responsibility under Dublin III undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the Commission to revise the rules, in order to give Member States sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds;
Amendment 243 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 245 #
2019/2206(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 260 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 263 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 278 #
2019/2206(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 4 #
2019/2184(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the Council Conclusions on the EU Gender Action Plan 2016-20201a; _________________ 1a https://www.consilium.europa.eu/media/2 4467/st13201-en15.pdf
Amendment 6 #
2019/2184(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
- having regard to the European Commission Communication (2012): The roots of democracy and sustainable development: Europe's engagement with Civil Society in external relations;
Amendment 12 #
2019/2184(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
- having regard to the 2013 European Commission Communication on Empowering Local Authorities in partner countries for enhanced governance and more effective development outcomes;
Amendment 14 #
2019/2184(INI)
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
- having regard to its previous resolutions, in particular of 6 October 2015 on the role of local authorities in developing countries in development cooperation1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-8-2015-0336_EN.html
Amendment 15 #
2019/2184(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the DAC Recommendation on the humanitarian- development-peace nexus of 22February 2019;
Amendment 16 #
2019/2184(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Joint Communication of the European Commission ‘Towards a Comprehensive Strategy with Africa of 9 March 2020’;
Amendment 17 #
2019/2184(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
- having regard to its resolution of 28 November 2019 on the ongoing negotiations for a new Partnership Agreement between the European Union and the African, Caribbean and Pacific Group of States1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2019-0084_EN.html
Amendment 19 #
2019/2184(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
- having regard to its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain (COP 25)1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2019-0079_EN.html
Amendment 21 #
2019/2184(INI)
Motion for a resolution
Citation 35 b (new)
Citation 35 b (new)
- having regard to its resolution of 15 January 2020 on the European Green Deal1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0005_EN.html
Amendment 30 #
2019/2184(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas aid effectiveness depends upon the way the principle of Policy Coherence for Development (PCD) is implemented; whereas more efforts are still needed to comply with PCD principles, especially in the field of EU migration, trade, climate and agriculture policies;
Amendment 32 #
2019/2184(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas development effectiveness principles as well as all sources of development financing should be articulated so as to fulfil the objectives set in the Paris Climate Agreement;
Amendment 34 #
2019/2184(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the world’s population is growing faster than gross national income (GNI), in particular in sub-Saharan Africa, where the population is expected to double over the next 30 years; whereas in spite of strong economic growth, this will increase the number of people living in poverty and unemployment, emphasising the urgent need to support developing countries effectively in their efforts to reach the Sustainable Development Goals (SDGs); whereas the region is already suffering from the health and economic consequences of the Covid-19 pandemic, notably in terms of food insecurity, loss of income and livelihood and a looming debt crisis;
Amendment 37 #
2019/2184(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas an EU-Africa strategy based on a partnership of equals entails taking into account the specific concerns of African countries in terms of economic diversification, industrialisation, loss of government revenues and regional integration;
Amendment 42 #
2019/2184(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU, as the world’s biggest donor of official development assistance (ODA), amounting to EUR 74.4 billion in 2018 and representing almost 57 % of all ODA worldwide, is committed to promoting effective development cooperation geared towards ending all forms of poverty and inequality, and to supporting its development partners in realising the 2030 Agenda for Sustainable Development; whereas in 2019, DAC members collectively spent only 0.3% of GNI on ODA, with only five members meeting or exceeding the spending target (United Kingdom, Sweden, Denmark, Luxembourg and Norway);
Amendment 44 #
2019/2184(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the principles of country and democratic ownership and alignment, focusing on results, inclusive partnerships, transparency and accountability, should underpin all forms of development cooperation to ensure development funds are used efficiently and effectively to properly achieve the SDGs;
Amendment 49 #
2019/2184(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas the 2019 report of the GPEDC indicates that progress on SDG 17.15 target “Respect each country’s policy space and leadership to establish and implement poverty eradication and sustainable development” is meagre and whereas the EU is not positively contributing to it by decreasing its use of country-led results framework;
Amendment 53 #
2019/2184(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. Whereas without a bottom-up approach to development, it is impossible to maximize development results; whereas improved sharing of concrete examples and advice on successful projects on the ground in partner countries will help implementing the principles effectively and help achieving the intended results successfully;
Amendment 62 #
2019/2184(INI)
Motion for a resolution
Recital F
Recital F
F. whereas accessible and reliable aid data reinforces the transparency of aid flows and helps all development partners in their planning and coordination processes; whereas international standards as promoted by the International Aid Transparency Initiative (IATI) make this data comparable; whereas achieving development results and working towards the SDGs needs detailed data on the local context, an agreed set of results to be targeted, joined-up action to work towards them, and fast public feedback to facilitate accountability;
Amendment 64 #
2019/2184(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there is a real risk that the benefits of development assistance and foreign direct investment may be captured by political and economic elites in partner and donor countries ; whereas this highlights the need for development cooperation that aims at bringing about transformational changes for human development in political economies, notably related to governance, the distribution of power, poverty reduction, social exclusion, and access to resources, as well as interaction with the global economysafe and affordable access to resources such as food, water and sustainable energy, as well as appropriately regulated interaction with the global economy on trade, corporate liability and accountability in terms of human, social and environmental rights;
Amendment 70 #
2019/2184(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas UNCTAD estimates developing countries need US$ 1 trillion in post-Covid-19 debt relief; whereas the World Bank, the IMF, the G20 and the G7 have taken public debt relief measures for the world poorest countries; whereas these measures should be completed to allow for development aid to effectively deliver on SDGs, including access to basic services, good governance and basic human rights in developing countries;
Amendment 84 #
2019/2184(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that effectiveness means delivering more and better impact, achieving the SDGs and leaving no-one behind; believes that when EU support is aligned with partner countries’ own efforts and delivered through their institutions and systems in support of priorities that have been agreed through inclusive and equitable policy processes including democratic and country ownership, the impact is bigger, faster and more sustainable;
Amendment 92 #
2019/2184(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines its view that the EU, as the world’s biggest donor, should use its powerful toolbox of instruments and aid modalities in a coordinated manner to allow task sharing and avoid fragmentation of aid and take the lead in using the principles of aid effectiveness and aid efficiency, in order to achieve real impact and reach the SDGs in its partner countries; further highlights the need to implement the policy objectives in the new European Consensus on Development in a more strategic and targeted manner in each partner country, reinforcing and complementing the EU’s foreign policy goals and values with respect to the PCD principle;
Amendment 112 #
2019/2184(INI)
5. Calls on the Commission and the Council to scale up joint programming between the EU and its Member States, with the aim of securing a European voice with which to move forward towards commonly defined policy objectives, which should take into account innovative financing methods such as blending and guarantees; calls for clear, actionable commitments towards joint implementation and evaluation and for shared accountability mechanisms towards citizens;
Amendment 123 #
2019/2184(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that the European Parliament (EP) mandate on NDICI calls for provisions to improve human rights, environmental and social compliance of financial operators in the use of blending- guarantee mechanisms through EFSD+ - External Action Guarantee (EAG); recalls that according to the EP position, 45 % of the financing through EFSD+ and EAG shall be allocated to investments that contribute to climate objectives, environmental management and protection, biodiversity and combatting desertification, of which 30 % of the overall financial envelope shall be dedicated to climate change mitigation and adaptation;
Amendment 155 #
2019/2184(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines the importance of strengthening CSOs in their role as independent development actors; stresses that an enabling and open environment for CSOs is consistent with internationally agreed rights and maximises the contributions of CSOs to development; expresses its concern regarding the shrinking space for CSOs in many partner countries; calls on the Commission to improve accessibility of funding for CSOs, including in partner countries;
Amendment 160 #
2019/2184(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses the importance to prioritise gender equality in development aid; supports tools such as gender budgeting, gender mainstreaming and sex-disaggregated data, used in partner countries and the EU itself, which help move towards a comprehensive and harmonised approach to EU reporting on gender targets.
Amendment 169 #
2019/2184(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 177 #
2019/2184(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission and the Member States to ensure that actors of the private sector involved in development partnerships abide by the principle of corporate accountability on human rights and the environment throughout the whole lifecycle of projects in compliance with the UN Global Compact on human rights, UN Guiding Principles on Business and Human Rights, ILO core labour standards, and the UN Convention Against Corruption; reiterates its call for an EU legal framework supporting mandatory corporate due diligence to ensure that EU investors act responsibly internationally and locally and contribute to local development in developing countries;
Amendment 181 #
2019/2184(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Urges the EU to properly assess whether existing EPAs adequately fulfil development effectiveness principles and do not diverge from trade policies of partner countries, notably regarding their priority of building regional value chains and boosting intra-continental trade; reiterates its request to have an in-depth analysis on the impact of EPAs, as well as enforceable sustainable development and human rights provisions in all currently negotiated and future EPAs;
Amendment 182 #
2019/2184(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Stresses that to move away from a donor-recipient dynamic and to empower partner countries’ ownership of development priorities in order to deliver on sustainable development, EU development strategy frameworks must foresee concrete actions to support increased domestic resource mobilisation in partner countries, such as supporting the fight against corruption and the development of progressive tax systems, tackling tax avoidance and evasion;
Amendment 184 #
2019/2184(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the EU’s increased role in leveraging private investment through the facilitation of a predictable regulatory environment in partneruse by the EU of various development finance tools for poverty eradication and the achievement of SDGs; stresses the need for donors to prioritize grant-based financing, especially to LDCs, in a countries, as well as the blending of grants and loans, the provision of budget support, guarantees and technical assistance, and policy dialogues and smaller scale project grants for NGOext where, before the COVID-19 pandemic outbreak, the poorer countries were already spending more money on debt service payments than on health services;
Amendment 187 #
2019/2184(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that the Commission foresees an increasingly prominent role for blending- guarantee mechanisms in EU development policy, at the expense of other aid modalities; stresses that while blended finance has grown rapidly, there is little evidence of its development impact, as most blended finance currently goes to middle-income countries, with only a small portion going to LDCs; underlines the critical opinion of the European Court of Auditors on the management and effectiveness of Commission's implementation of the European Fund for Sustainable Development (EFSD); accordingly, calls on the EU and its Member States to adopt a cautious approach to blended finance and ensure that all finance mobilised through blending meets development effectiveness principles;
Amendment 193 #
2019/2184(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses the need to link debt relief measures with additional mobilisation of Official Development Aid (ODA); calls for the inclusion of multilateral and commercial debt into the G20 Debt Service Suspension Initiative (DSSI); stresses the need to secure the participation of all creditors, including the World Bank and other multilateral development banks, as well as private creditors, in the DSSI and any further debt relief offers; calls for the creation of a multilateral debt workout mechanism to address both the impact of the COVID-19 crisis and the financing requirements of the Agenda 2030;
Amendment 202 #
2019/2184(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses the key role of official development assistance in fulfilling the development effectiveness agenda; underlines that ODA is more flexible, predictable and accountable than other flows potentially contributing to development; warns against the dilution of ODA criteria with the aim of covering expenses other than those directly linked to promoting sustainable development in developing countries;
Amendment 206 #
2019/2184(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Notes with grave concern that the EU and Member States are currently attaching conditions to aid related to cooperation by developing countries on migration and border control efforts, which is clearly a donor concern in contradiction with key internationally agreed development effectiveness principles; recalls that aid must keep its purposes of eradicating poverty, reducing inequality, respect and support human rights and meeting humanitarian needs, and must never be conditional on migration control;
Amendment 1 #
2019/2055(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RStresses that the Union’s ambition to forge a “partnership of equals” with African, Caribbean and Pacific countries implies full respect of the “ownership principle”, in line with the Union’s international commitments on aid effectiveness; reiterates its concerns as regards the use of development funds for non- development objectives and underlines that funding which does not fulfil official development assistance criteria must be sourced from other instruments than the Development Cooperation Instrument (DCI); in particular, urges the Union and its Member States to refrain from imposing aid conditionalities regarding migration and trade reforms, which contravenes the development effectiveness principles; underlines the importance of ensuring human rights standards in all cooperation under the DCI and insists that in order to successfully combat poverty in the long-term, the Union must address the root causes of poverty and inequalities;
Amendment 6 #
2019/2055(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that, in spite of the Union’s commitment to sustainability and the United Nations’ Sustainable Development Goals (SDGs), the Special Report No 7/2019 of the Court of Auditors shows that the Commission does not report on or monitor how the Union budget and policies contribute to sustainable development and achieving the Sustainable Development Goals (SDGs); notes that the Commission has recently published a reflection paper outlining scenarios for a sustainable Europe; regrets, however, that this paper does not include a gap analysis of what more the Union needs to do in terms of budget, policy and legislation, nor does it present the contribution of Union spending programmes towards implementing the SDGs;
Amendment 8 #
2019/2055(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the use of budget support in general to assist developing countries in their reform efforts and in achieving the SDGs, urges, however, the Commission to more clearly assess and define the development outcomes to be achieved through budget support in each case and above all to enhance control mechanisms concerning recipient states' conduct in the fields of corruption, respect of human rights, rule of law and democracy. ; recalls that domestic resource mobilisation is the centre-piece for sustainable financing of development and one of the five key development challenges to be addressed by budget support; calls on the Commission to adopt a trade and investment policy consistent with this goal, which entails among others taking into account least developed countries concerns of economic partnership agreements regarding the erosion of revenues linked to the removal of custom duties and ensuring fair distribution of taxing rights while negotiating tax and investment treaties with developing countries, notably regarding redistribution of tax revenues from natural resources;
Amendment 13 #
2019/2055(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Union and its Member States to refrain from supporting practices which facilitate tax dodging by transnational corporations and individuals, in the pursuit of its objective to create a business-friendly environment for private investors in developing countries in the remit of the European Fund for Sustainable Development; in addition, stresses the risk of indebtedness linked to the increased Union recourse to blending, notably in Sub-Saharan Africa and the Caribbean countries with limited revenues to service their debt; calls on the Union and its Member States to tackle effectively and consistently tax evasion, aggressive tax avoidance practices and harmful tax competition, in line with the principle of Policy Coherence for Development;
Amendment 69 #
2016/0224(COD)
Proposal for a regulation
Recital 30 a new
Recital 30 a new
(30a) Applicants shall have effective access to free legal assistance throughout the procedures described in this Regulation, including during the border procedure.
Amendment 73 #
2016/0224(COD)
Proposal for a regulation
Recital 31a
Recital 31a
(31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an applicatioA return decision should swiftly be issued in a separate decision to applicants whose applications are rejected, provided that the decision rejecting the claim is final, the applicant does not fulfil the conditions to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian for intother grounds under national protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negativlaw and that their return would not lead to risks of violations of the principle of non- refoulement or the provisions of the Charter of Fundamental Rights and other EU and international obligations. Without prejudice to the right to an effective remedy, the return decision may be issued at the same time as the final negative decision, in a separate decision.’
Amendment 79 #
2016/0224(COD)
Proposal for a regulation
Recital 39a
Recital 39a
Amendment 88 #
2016/0224(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) ‘Many applications for international protection are made at the external border or in a transit zone of a Member State, often by persons apprehended in connection with unauthorised crossings of the external border or disembarked following a search and rescue operation. In order to conduct identification, security and health screening at the external border and direct the third-country nationals and stateless persons concerned to the relevant procedures, a screening is necessary. There should be seamless and efficient links between all stages of the relevant procedures for all irregular arrivals. After the screening, tarrivals. Third-country nationals and stateless persons should swiftly be channelled to the appropriate procedure, including asylum or, return procedure, or refused entry. A pre-entry phase cons, or a residence permit or other authorisationg of screening and border procedures for asylfering a right to stay for compassionate, hum and return should therefore be established.’itarian or other reasons.
Amendment 94 #
2016/0224(COD)
(40-a) In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application at the external borders.
Amendment 97 #
2016/0224(COD)
Proposal for a regulation
Recital 40a
Recital 40a
(40a) ‘ The purpose of the border procedure for asylum and return should be to quickly assess asylum claims at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims areile ensuring that all applicants in a vulnerable situation are immediately channelled into the regular procedure and that all applicants in need are provided quick access to international protection. Member States shouldmay therefore be able to require applicants for international protection to stay at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third-country nationals and stateless persons concerned at the external borders. ir applications for international protection. 8Or. en
Amendment 106 #
2016/0224(COD)
Proposal for a regulation
Recital 40b
Recital 40b
(40b) Member State shoulds may assess applications in a border procedure where the applicant is a danger to national security or public order,. In other cases, such as wheren the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision and where it is likely that the application is unfounded because tis from a safe country of origin or a safe third country, Member States should not apply a border procedure. When applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional fying the border procedure, Member States may not simultaneously apply the accelerated procedure or inadmissible procedure. A border procedure should never be applied to minors or othe Member Statesr applicants in a vulnerable situation.
Amendment 111 #
2016/0224(COD)
Proposal for a regulation
Recital 40b a (new)
Recital 40b a (new)
(40b a)When determining whether there is a direct connection to an unauthorised border crossing for the purpose of applying a border procedure, Member States should apply a strict interpretation and take into account the guidance found in the Return Handbook which specifies that this may concern for example persons arriving irregularly by boat who are apprehended upon or shortly after arrival; persons arrested by the police after climbing a border fence; or irregular entrants who are leaving the train/ bus that brought them directly into the territory of a Member State.
Amendment 113 #
2016/0224(COD)
Proposal for a regulation
Recital 40c
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possibleshould therefore aim at setting up such facilities with sufficient capacity at border crossing points. They should notify the Commission of the specific border crossing points or transit zones where the border procedures will be carried out.
Amendment 126 #
2016/0224(COD)
Proposal for a regulation
Recital 40d
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply itMember States should not apply the border procedure for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.
Amendment 130 #
2016/0224(COD)
Proposal for a regulation
Recital 40e
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 12 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from the moment in which the applicant, third- country national or stateless person no longer has a right to remain or is no longer allowed to remainAfter that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should be channelled into the regular asylum procedure.
Amendment 139 #
2016/0224(COD)
Proposal for a regulation
Recital 40f
Recital 40f
(40f) While the border procedure forDuring the examination of ansylum application for international protection can be applied without recos subject to the border procedurse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territoryliberty should be the norm. Any detention during the border procedure must be a measure of last resort and must be necessary, reasonable and proportionate to a legitimate aim. If there are grounds to deprive a person of their liberty, alternatives to detention should always be considered first. Minors and other individuals in a situation of vulnerability should never be detained. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention. The necessity to maintain an applicant in detention must be reviewed periodically.
Amendment 142 #
2016/0224(COD)
Proposal for a regulation
Recital 40f a (new)
Recital 40f a (new)
(40f a) A decision to restrict freedom of movement or to detain an applicant during a border procedure should be made in writing stating reasons for the use of such measures in fact and law, and should never be automatic. A decision to detain an applicant should always be based on an individual assessment of each case which shows that detention is necessary and proportionate, that detention would not disproportionately harm the applicant and that less coercive measures would not be effective in the individual case. Decisions to detain an applicant should be subject to judicial oversight and applicants should be granted access to free legal aid to challenge the detention decision.
Amendment 145 #
2016/0224(COD)
Proposal for a regulation
Recital 40 g
Recital 40 g
(40g) When an application is rejected in the context of the border procedure, the applicant, third-country national o and the Member sStateless person concerned should be immediately subject to a return decision or, where the conditions of Article 14 of Regulation (EU) No 2016/399 of the European Parliament and of the Council10 are met, to a refusal of entry. To guarantee the equal treatment of all third-country nationals whose application has been rejected in the context of the border procedure, where a Member State has decided not to apply the provisions of Directive XXX/XXX/EU [Return Directive] by virtue of Article 2(2), point (a), of that Directive and does not issue a return decision to the third-country national concerned, the treatment and level of protec has determined that the applicant does not fulfil the conditions to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under the applicable national legal framework and that their return would not lead to risks of violations of the principle of non-refoulement and other fundamental rights obligations under the Charter of Fundamental Rights and other EU and international obligation ofs, the applicant, third- country national or stateless person concerned should be in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and be equivalent to those applicable to persons subject to a swift return decision. _________________ 10Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1) in accordance with Directive XXX/XXX/EU [Return Directive].
Amendment 146 #
2016/0224(COD)
Amendment 155 #
2016/0224(COD)
Proposal for a regulation
Recital 40i
Recital 40i
Amendment 162 #
2016/0224(COD)
Proposal for a regulation
Recital 40j
Recital 40j
(40j) It should be possible for aA Member State to which an applicant is relocated in accordance with Regulation (EU) No XXX/XXX [Asylum and Migration Management Regulation] to examine the application in a border procedure provided that the applicant hasshall not yet be en authorised to enter the territory of the Member States and the conditions for the application of such a procedure by the Member State from which the applicant was relocated are met.’titled to examine the application in a border procedure .
Amendment 163 #
2016/0224(COD)
Proposal for a regulation
Recital 40j a (new)
Recital 40j a (new)
(40j a) To ensure that border procedures are carried out in full compliance with EU law including the Charter of Fundamental Rights, humanitarian actors, international organisations, non- governmental organisations and other relevant stakeholders should be granted unhindered access to applicants subject to border procedures as well as to the facilities in which they take place.
Amendment 164 #
2016/0224(COD)
Proposal for a regulation
Recital 40j b (new)
Recital 40j b (new)
(40j b) An independent monitoring mechanism should be set up and effective remedies shall be made available to the victims of human rights violations that occur in the course of border procedures.
Amendment 166 #
2016/0224(COD)
Proposal for a regulation
Recital 44a
Recital 44a
Amendment 172 #
2016/0224(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) ‘For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory of a Member State. Tnd to improve the effectiveness of procedures at the external border, while ensuring the respect of the right to an effective remedy,all appeals against such decisions taken in the context of the border procedure should take place only before a single level of jurisdiction of a court or tribunalshould have automatic suspensive effect.
Amendment 177 #
2016/0224(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
Amendment 183 #
2016/0224(COD)
Proposal for a regulation
Recital 66a
Recital 66a
(66a) ‘In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pending the appeal at the second or further level, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
Amendment 187 #
2016/0224(COD)
Proposal for a regulation
Recital 66b
Recital 66b
(66b) In order to ensure the right to an effective returnsmedy, applicants should not havemaintain a right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal to allowdecide that the applicant to remain. Furthermore, Member States should not grant applicants the possibility to lodge a further appeal against a first appeal decision in respect of a decision taken in a border procedurshould not have the right to remain at that stage.
Amendment 189 #
2016/0224(COD)
Proposal for a regulation
Recital 66c
Recital 66c
Amendment 202 #
2016/0224(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 204 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 207 #
2016/0224(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Where bBiometric data could not be taken during the screening in accordance with Regulation (EU) No XXX/XXX [Eurodac Regulation] or where the applicant was not subject to a screening, the competent authorities shall take the biometric datashall be taken by the competent authorities at the latest upon the registration of the application for international protection and transmit them together with the data referred to in Article 12 (c) to (p) of Regulation (EU) No XXX/XXX [Eurodac Regulation] to the Central System and to the Common Identity Repository respectively in accordance with that Regulation.’
Amendment 210 #
2016/0224(COD)
Proposal for a regulation
Article 35 a
Article 35 a
Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn and that decision has become final, Member States shall issue a separate return decision that respects Directive XXX/XXX/EU [Return Directive]. The return decision shall be issued as part of the decision rejecting the application for international protection or, in a separate act. Where t, provided that the applicant does not fulfil the conditions to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under the applicable national legal framework and that their return would not lead to risks of violations of the principle of non-refoulement and other fundamental rights obligations under the Charter of Fundamental Rights and other EU and international obligations.. The return decision is issued as a separate act, it shallmay be issued at the same time and together with the final decision rejecting the application for international protection.’ , provided that there has been an individual assessment of the full scope of the principle of non-refoulement.
Amendment 214 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point a – paragraph 1 – point i
Article 40 – point a – paragraph 1 – point i
Amendment 222 #
2016/0224(COD)
Proposal for a regulation
Article 40 – point b – paragraph 5 – point c
Article 40 – point b – paragraph 5 – point c
Amendment 232 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Following the screening procedure carried out in accordance with Regulation (EU) No XXX/XXX [Screening Regulation], and provided that the applicant has not yet been authorised to enter Member States’ territory, aA Member State may examine an application in a border procedure where that application has been made by a third- country national or stateless person who does not fulfil the conditions for entry in the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place, after an individual assessment of the circumstances of the case, including an examination of vulnerabilities and potential special reception and procedural needs:
Amendment 234 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) following an application made at an external border crossing point or in a transit zone; or
Amendment 237 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) following apprehension in connection withduring or immediately after an unauthorised crossing of the external border;, provided there is a direct connection to the act of the irregular border crossing.
Amendment 243 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
Amendment 244 #
2016/0224(COD)
Amendment 249 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. Where a border procedure is applied, decisions may be taken on the following:merits of an asylum application with full respect of all procedural rights and safeguards in this Regulation without prejudice to Article 41 paragraph 11.
Amendment 254 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
Amendment 256 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
Amendment 261 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 265 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. Individual procedural rights as provided in this Regulation, such as access to information, free legal assistance and representation, and interpretation shall be effectively guaranteed during the entire border procedure.
Amendment 266 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 3 b (new)
Article 41 – paragraph 3 b (new)
3b. By derogation from paragraph 2, where a border procedure is applied, Member States shall not take a decision on the following: (a) the admissibility of an application in accordance with Article 36 (b) the merits of an application in an accelerated examination procedure in the cases referred to in Article 40(1)
Amendment 271 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – first paragraph
Article 41 – paragraph 4 – first paragraph
4. A Member State may decide not to apply paragraph 3shall not examine an application in a border procedure with respect to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009.
Amendment 273 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – second subparagraph
Article 41 – paragraph 4 – second subparagraph
Amendment 280 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 – third subparagraph – introductory part
Article 41 – paragraph 4 – third subparagraph – introductory part
Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State may continueshall not to apply paragraph 3border procedures:
Amendment 287 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. The border procedure may onlyshall not be applied to unaccompanied minors andor to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b).
Amendment 292 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5 a (new)
Article 41 – paragraph 5 a (new)
5a. The border procedure shall not be applied to applicants with specific procedural or reception needs, following an assessment in line with Article 19 APR.
Amendment 302 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11are under the jurisdiction of the Member State and shall be treated in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast].
Amendment 306 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. When applying the border procedure, Member States mayshall carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], without prejudice to the deadlines established in paragraph 11. Following the transfer of the applicant to the responsible Member State, the Member State shall not apply or continue to apply a border procedure.
Amendment 314 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
8. WhereIn the conditions for applying the border procedure are metase of asylum applicants who demonstrate to have family members in another Member State from which the applicant is relocated, a border procedure may be applied by the Member State to which the applicant i, the border procedure shall not apply, or shall cease to apply. The Member State where the family members arelocated in accordance with Article [x] of Regulation EU (No) XXX/XXX [Regulation on Asylum and Migration Management], including in the cases referred to in paragraph 1, point (d) present should be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Amendment 317 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point a
Article 41 – paragraph 9 – point a
Amendment 324 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point b
Article 41 – paragraph 9 – point b
(b) the necessary support cannot be provided toapplicant has been identified as an applicants with specialfic procedural needs in the locations referred to in paragraph 14or reception needs;
Amendment 330 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – point d a (new)
Article 41 – paragraph 9 – point d a (new)
(da) the debriefing following the screening pursuant to [Screening Regulation] contains elements that indicate that the applicant is in a vulnerable situation, is a victim of torture or has special reception or procedural needs.
Amendment 333 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 9 – subparagraph 2
Article 41 – paragraph 9 – subparagraph 2
In such cases, the competent authority shall authorise the applicant to enter the territory of the Member Statecontinue to assess the applicant’s claim in the regular asylum procedure. Vulnerabilities should be continuously considered, identified and assessed at all stages of the border procedure. Due consideration should be given to persons with less visible vulnerabilities, such as torture survivors, victims of human trafficking and persons with mental health conditions.
Amendment 338 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 10
Article 41 – paragraph 10
Amendment 345 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 1
Article 41 – paragraph 11 – subparagraph 1
11. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. It shall encompass the decision referred to in paragraph 2 and 3 and any decision on an appeal if applicable and shall be completed within 12 weeks from when the application is registered. Following that period, the applicant shall be authorised to enter the Member State’s territory except when Article 41a(1) is applicablchannelled into the regular asylum procedure.
Amendment 352 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 11 – subparagraph 2
Article 41 – paragraph 11 – subparagraph 2
By way of derogation from the time limits set in Articles 34, 40(2) and 55, Member States shall lay down provisions on the duration of the examination procedure and of the appeal procedure which ensure that, in case of an appeal against a decision rejecting an application in the framework of the border procedure, the decision on such appeal is issued within 12 weeks from when the application is registered.
Amendment 354 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – introductory part
Article 41 – paragraph 12 – subparagraph 1 – introductory part
12. By way of derogation from paragraph 11 of this Article, thDuring the border procedure applicants shall not be authorised to enter the Member State’s territory where:have the automatic right to remain during the period of appeal against a negative asylum decision and pending its outcome.
Amendment 356 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point a
Article 41 – paragraph 12 – subparagraph 1 – point a
Amendment 360 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point b
Article 41 – paragraph 12 – subparagraph 1 – point b
Amendment 363 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c
Article 41 – paragraph 12 – subparagraph 1 – point c
Amendment 369 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 2
Article 41 – paragraph 12 – subparagraph 2
Amendment 377 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13
Article 41 – paragraph 13
13. During the examination of applications subject to a border procedure, the applicants shall be kept at or in proximity to the external border or transit zonesaccommodated in accordance with the provisions of the [Reception Conditions Directive]. Each Member State shall notify to the Commission, [two months after the date of the application of this Regulation] at the latest, the locations where the border procedure will be carried out, at the external borders, in the proximity to the external border or transit zones, including when applying paragraph 3 and ensure that the capacity of those locations is sufficient to process the applications covered by that paragraph. Any changes in the identification of the locations at which the border procedure is applied, shall be notified to the Commission two months in advance of the changes taking effect.
Amendment 378 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 a (new)
Article 41 – paragraph 13 a (new)
13a. Member States should ensure that the necessary arrangements are made to accommodate applicants in accordance with Article 7 [Reception Conditions Directive], which states that applicants may move freely within the territory of the host Member State or within an area assigned to them by that Member State. The assigned area shall not affect the unalienable sphere of private life and shall allow effective access to all rights and benefits under this Directive.
Amendment 379 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 b (new)
Article 41 – paragraph 13 b (new)
13b. Where Member States impose restrictions on freedom of movement, a decision in writing should qualify the measures as either detention or restrictions on freedom of movement, and should state the reasons for these measures in fact and law.
Amendment 380 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 c (new)
Article 41 – paragraph 13 c (new)
13c. A Member State shall not hold an applicant in detention in the context of a border procedure unless it has individually assessed that applicant’s case based on the principles of necessity and proportionality. Detention shall only be applied as a measure of last resort and for the shortest time as possible, provided that an individual and motivated assessment has demonstrated that less coercive measures cannot be applied effectively in the specific case and that detention would not be disproportionately harmful. A vulnerability assessment should always be carried out before detention and repeated regularly. Free legal aid should be available to challenge the detention order.
Amendment 381 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 d (new)
Article 41 – paragraph 13 d (new)
13d. Member States shall ensure that staff who engage in the border procedure have been provided with appropriate training including on fundamental rights.
Amendment 382 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 e (new)
Article 41 – paragraph 13 e (new)
13e. Member States shall set up an independent monitoring mechanism, allowing independent human right bodies in line with the Paris Principles, to regularly assess the conditions in the facilities used for the purpose of a border procedure and issue recommendations for their amelioration, sharing them with the Commission.
Amendment 383 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 13 f (new)
Article 41 – paragraph 13 f (new)
13f. National authorities shall grant humanitarian actors, international organisations, non-governmental organisations and other relevant stakeholders effective access to all applicants subject to border procedures as well as the facilities in which border procedures take place at the borders or in transit zones.
Amendment 387 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 14
Article 41 – paragraph 14
14. In situations where the capacity of the locations notified by Member States pursuant to paragraph 143 is temporarily insufficient to process the applicants covered by paragraph 3, Member States may designate other locations within the territory of the Member State and upon notification to the Commission accommodate applicashall channel applicants intso there, on a temporary basis and for the shortest time necessary regular asylum procedure.
Amendment 396 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – title
Article 41 a – title
Amendment 398 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 1
Article 41 a – paragraph 1
Amendment 402 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 2
Article 41 a – paragraph 2
Amendment 408 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 3
Article 41 a – paragraph 3
Amendment 412 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 4
Article 41 a – paragraph 4
Amendment 420 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 5
Article 41 a – paragraph 5
Amendment 425 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 6
Article 41 a – paragraph 6
Amendment 428 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 7
Article 41 a – paragraph 7
Amendment 434 #
2016/0224(COD)
Proposal for a regulation
Article 41 a – paragraph 8
Article 41 a – paragraph 8
Amendment 440 #
2016/0224(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 445 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – introductory part
Article 53 – paragraph 1 – subparagraph 1 – introductory part
1. Applicants shall have the right to an effective remedy before a court or tribunal againstin accordance with the basic principles and guarantees provided for in Chapter II against the following:
Amendment 452 #
2016/0224(COD)
(da) a detention decision
Amendment 455 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 – point e
Article 53 – paragraph 1 – subparagraph 1 – point e
(e) a return decisiondecisions taken in a border procedure.
Amendment 459 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
Amendment 461 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. Where subsidiary protection status granted by a Member State offers the same rights and benefits as refugee status under Union and national law, the appeal against that decision in that Member State may be considered as inadmissible where provided for in national law.
Amendment 464 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. The applicant shall have a right to an oral hearing before a first appeal court of tribunal.
Amendment 465 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX [Qualification Regulation], as well as an examination pursuant to Articles 2, 3 and 8 ECHR and Articles 2, 4 and 7 of the Charter for Fundamental Rights.
Amendment 468 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. In case of a negative decision on an asylum request in an asylum border procedure as regulated by Article 41 of this Regulation, the judicial review at first instance shall automatically include a review of the decision to channel an applicant into that procedure.
Amendment 470 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Applicants shall be provided with interpretation in a language they understand for the purpose of a hearing before the competent court or tribunal where such a hearing takes place and where appropriate communication cannot otherwise be ensured.
Amendment 476 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 483 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point a
Article 53 – paragraph 7 – point a
(a) at least one weekmonth in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn or as unfounded if at the time of the decision any of the circumstances listed in Article 40(1) or (5) apply;
Amendment 489 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 7 – point b
Article 53 – paragraph 7 – point b
(b) between a minimum of two weeksone month and a maximum of two months in all other cases.
Amendment 491 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
8. The time-limits referred to in paragraph 7 shall start to run from the date when the applicant effectively receives the decision of the determining authority is notified to the applicant or his or her representative or legal adviser. If the applicant has requested free legal assistance, the time-limits shall only start to run from the date on which a legal adviser is appointed in case this date is later than the one of notification. The procedure for notification shall be laid down in national law.
Amendment 495 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 498 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Amendment 505 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Applicants shall have the right to remain on the territory of the Member States until the time-limit within which to exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time-limit, pending the outcome of the remedy.
Amendment 507 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 521 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 523 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
Amendment 531 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 6
Article 54 – paragraph 6
Amendment 536 #
2016/0224(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
Amendment 541 #
2016/0224(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54a Monitoring of fundamental rights in the border procedure 1. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States, NHRIs and relevant Union bodies, in particular the European Union Agency for Asylum, in line with the mechanism established by [Screening Regulation]. That mechanism shall aim to ensure: (a) that all actors involved in the border procedure comply with Union and international law during the border procedure; (b) compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention as well as the applicable legal requirements; (c) that allegations of breaches of fundamental rights in relation to the asylum border procedures, including in relation to access to the asylum procedure and the principle of non-refoulement, are investigated and followed up effectively and without undue delay. 2. The findings of the border monitoring mechanism should be made available to police authorities, for subsequent enquiries and potential disciplinary measures, as well as to the judicial authorities, for subsequent criminal investigations of serious violations of human rights. 3. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The border monitoring mechanism should notably be allowed to receive and act on information provided by relevant and competent national, regional and international bodies as well as non-governmental organizations. 4. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. 5. The EU Asylum Agency shall carry out the monitoring function in Article 13 and 14 [EUAA Regulation] with regard to all aspects of the border procedure, including the facilities in which border procedures take place. 6. The Commission shall invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, effective remedies shall be made available to the victims of the identified human rights violations.